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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Is it legal for a child to get a british passport if the dad

Customer Question

Is it legal for a child to get a british passport if the dad is in prison, hes a foriegn national he has indifinite leave to remain for about 6yrs, the child is 4yrs old. hes been in the country for about 12yrs, hes got 6yrs imprisonment. The mother doesnt have her stay yet.
Is it legal by any chance...

kind regards
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

If it is the case that the child was born in the UK and the child’s father had ILR at the time of the child’s birth then the child will automatically be a UK citizen because one of the parent’s was a settled in the UK at the time of their births, having ILR is regarded as being settled for the purpose of the application of these rules.

Confirmation here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

See “If you were born in the UK on or after 1 January 1983” on the above link.


They can simply apply for a UK passport without first having to register as a UK citizen:-
http://www.direct.gov.uk/en/TravelAndTransport/Passports/Applyingforaneworrenewedchildpassport/index.htm


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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6652
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.
I have apply for my son passport is dad is in prison but the passport office is asking for some stuff that is a bit odd, I don't know what to do, can u pls call me a I will talk more about it.. My number is XXXXXXXXXXX

Kind regards
Shana
Expert:  Thomas replied 2 years ago.
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