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 UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

Hi I am a EU citizen (married to a UK citizen) and I have

Resolved Question:

Hi

I am a EU citizen (married to a UK citizen) and I have a child from a previous marriage that was born outside the UK. I will soon meet the requirements to acquire citizenship but I am unsure if I will be able to register my daughter as British, considering that it is likely that her biological father will not give his consent.

I do have a residence order issued in my favour by an English Court. One of the specific issues order is that passports should only be held by myself.

Do I need his consent? In case I do need his consent and he does not grant it, what are my alternatives? He refuses to see his daughter in the UK...
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How old is your daughter?
Customer: replied 2 years ago.

5 years old and lives in the UK with me and my actual husband (British) since she was 1

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Consent of both parents is normally required but as you have a residence order and a specific issues order in your favour, you should submit copies of these orders along with your daughter's application for registration as a British Citizen.

You should submit both your naturalisation application and your daughter's registration application together as part of a family application, along with copies of both orders.

Can I help further?
Customer: replied 2 years ago.

Thank you.


 


Yes, please.


 


Well, my husband and I thought that by now I should meet all requirements to apply for citizenship based on marriage. However, in order to do so, I understand I need ILR, which is only granted to EEA citizens after 5 years of exercising the rights of the Treaty (I have been doing so for nearly 4 years).


 


Is it correct, ie., that EEA spouses are discriminated when compared with non-EU citizens? I mean, I do not require a spousal visa and even if I had wanted to apply for one, the Home Office states that being a EEA citizen, I should not apply for one, but without that visa I can only apply for ILR following 5 years of residence and cannot apply for citizenship in the basis of marriage...


 


Thank you


 

Expert:  UKSolicitorJA replied 2 years ago.
There is no discrimination.

It used to be the case that spouses of British Citizens could get ILR after 2 years in the UK and apply for British citizenship after they had been here for 3 years, but now, they get ILR after 5 years which is the same time EEA nationals take to become Permanent Residents, so there is no advantage for an EEA national to apply for a spouse visa at a huge cost over exercising treaty rights for 5 years and getting PR automatically.

As you are married to a British citizen, you mY apply for citizenship straight away you become a PR without having to wait for another year.

Hope this clarifies. Please leave feedback
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice