Paternity Citizenship Inquiry
The individual, currently residing in a city in England, is married but is expecting a child with another partner who is a holder of Indefinite Leave to Remain (ILR) in the UK. The inquiry is regarding whether the child can obtain UK citizenship through the biological father. This situation involves aspects of Family Law and Citizenship.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIf I have a child with my partner who is an ILR holder, will my child automatically receive UK citizenship?
If your child is born in the UK and their biological father holds Indefinite Leave to Remain (ILR) at the time of their birth, your child would automatically be a British citizen by birth. However, if the child is born outside the UK, they would not automatically be a British citizen and would need to be registered. The location of the birth is important for determining citizenship eligibility.
What are the steps to register my child as a British citizen if they do not automatically qualify?
If your child does not automatically qualify for British citizenship, you may register them via a discretionary application under the British Nationality Act. This application is made at the discretion of the Home Office, considering various factors such as the child's connection to the UK. Supporting documents will be required, along with a fee.
How does my current marital status affect my child's citizenship eligibility?
Your marital status does not directly impact your child's eligibility for British citizenship. Eligibility is generally determined by the citizenship or settled status of the parents at the time of the child's birth. However, being married to someone else may raise considerations regarding parental responsibility.
Are there any implications for my child’s citizenship if my relationship with my spouse ends?
The end of your marriage should not directly affect your child's entitlement to British citizenship, as the eligibility criteria are primarily based on the biological parents' status at the time of birth.
What legal considerations should I be aware of regarding parental responsibility with my child's biological father?
In the context of parental responsibility, if your child is born while you are still married to someone else, the husband is presumed to have parental responsibility. The biological father can gain parental responsibility by being named on the birth certificate or through a legal agreement.
