How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

situation-mother british citizen three children unmarried eldest

Resolved Question:

situation-mother british citizen three children unmarried eldest son ten years.
all except eldest son are. citizens and passport holders.
eldest son born approx.one year before mother granted indefinite leave to remain
(confusing factor may be that birth registered with local registrar only)

What course of action to obtain citizenship/passport
adoptive country Scotland ,mother only born in Philippines self supporting&employed.

thanks
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you confirm where the eldest son was born?
Where is he now?
How old is he?
If in the UK how long has he been in the UK?
Could you please confirm if the eldest son has a Birth certificate?
Was the eldest son born in wedlock?

Kind regards

Customer: replied 3 years ago.

eldest born Scotland


with mother


10years 7 months


all his life as above


 


yes Scottish regristration of birth


 


no mother not married

Customer: replied 3 years ago.

reply to your questions


1.eldest son born Scotland UK


2.living with his mother and two siblings


3.he is ten years old


4.ten years since birth


5.yes cert. issued by local registrar Scotland


6.no father registered mother sole parent

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The son will be entitle to British Citizenship, he can apply under either of the following sections:

Section 1 (3) A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when their parents become settled in the UK or become British citizens. Please see the following link:

https://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1

Section 1 (3A) If a child lives in the United Kingdom for the first 10 years of his or her life, an application can be made under section 1(4), even if the parents are not settled. A form T should be used for this purpose. Please see the following link:

https://www.gov.uk/government/publications/application-to-register-as-british-citizen-form-t


What the above means is that if the child was born in the UK and at the time of his birth the mother was not a British citizen and did not have indefinite leave to remain, the provided the mother then subsequently obtained settlement or citizenship he will be entitled to apply for registration for British Citizenship using form MN1 ( Please see above)

The second section stated above means that regardless of the parents status, if a child was born in the UK and has lived in the UK for 10 continuous years he will be able to apply for registration as a British Citizen using Form T ( Please see above link)

In you case you can choose either form MN1 OR T to apply for the child's registration. In either case the child is eligible for citizenship.

I hope this answers your question. If you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly provide a rating so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards

 

UK_Lawyer and other Law Specialists are ready to help you