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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Can i obtain a british passport in the UK child born

Resolved Question:

Can i obtain a british passport in the UK for a child born outside the UK of a british dad? the child is presently in the UK as a student but came in as a visitor but overstayed. child is under 10 years old but the application will be made by his dad who holds a british citizenship and passport.
professional but blunt advice will be appreciated.
thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. When was the child born? At the time of birth was father a British citizen? How long has the child been in the UK?
Customer: replied 1 year ago.
The child was born July 22nd, 2005. Father had been a British citizen at time of birth. Child has been in the UK 3 years next month,
Expert:  Frantz I replied 1 year ago.
HelloI take it that you were not married to your child's mother at the time your child was born and/or the mother of your child was not British at the time of birth. If this is the case and as your child was born before 1 July 2006, she will need to make an application to the Home Office to register to be registered as British unless you subsequently married your child's mother. You will find the necessary forms athttps://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1 **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
I was married to the mother abroad on November 24th 2004, obviously before the child was born. Misplaced the marriage certificate but in possession of the certified true copy which reflects details of the formalization of the union. At the time of marriage, child's mother was not and is still not a British citizen.
Expert:  Frantz I replied 1 year ago.
HelloIn which case your child is a British citizen but by decent as she was born abroad. This form of acquisition operates by law and does not need registration. It is not an issue with the extra information you have provided that the child's mother was not British as long as you were British at the time of the birth and you were married to the child's mother. You should be able to obtain a passport application form from the post office or make an application online. You must provide all the supporting documents including the child's passport if requested to prove citizenship otherwise the application will fail again. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Thanks. Lastly, do you suggest I forward her Nigerian passport with the application as well as the certified true copy of my marriage certificate to her mum? I didn't last time because I thought the issue of overstaying would dampen the chances of the application being successful.
Expert:  Frantz I replied 1 year ago.
HelloYou need to submit original documents. Check to see if they will accept a certified copy of marriage certificate.
Customer: replied 1 year ago.
Thanks sir. Will get back to you
Expert:  Frantz I replied 1 year ago.
Thank you. I would be grateful if you can rate before leaving.
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