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 Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Family Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

hello Im 27 UK citizens and my partner isXXXXXLucia

This answer was rated:

hello I'm 27 UK citizens and my partner isXXXXXLucia he came here October 2011 on a 6 months visitor visa(passport not stamped). my uncle died on new years eve 2012 my grandad 6 weeks later I feel into a serve depression and in April found out I was pregnant. we decided to terminate the pregnancy which resulted in my womb being perforated during procedure. I also have a 8 year old who has health problems and I'm a full time carer for. so hes here supporting me emotionally as I have been suicidal and haven't been coping with all the events of the last few months. we got engaged in January 2013 and are expecting our first child in 2014. I don't want him to go and need to find out how I can get him to stay couldn't cope if he went back. what can we do from England with him leaving. I CNT go to work cause I care for my son so I don't have a flourishing bank balance please help thank you
Hi

Do you intend to marry your partner?

Tom
Customer: replied 3 years ago.

yes we do

Hi

There is a salary threshold. Could you please tell me what your annual income employment is?

Tom
Customer: replied 3 years ago.

income support and carers allowance

Customer: replied 3 years ago.

oh yh my partners dad was born in England if that helps

Hi

I will answer at 930

Tom
Customer: replied 3 years ago.

OK...........

Hi,

When was your partners father born in the UK please?

Tom
Customer: replied 3 years ago.

1958

Hi,

Thanks.

Where and when was your partner born please?

I need to check on his potential eligiblity for UK citizenship and will reply at 09am tomorrow mornin for certain.

Tom
Customer: replied 3 years ago.

he was born in St Lucia December 1988

Customer: replied 3 years ago.

hope that's enough info


 


thanks


 

Hi

Thanks. 9am.

Tom
Hi

Thanks for your patience.

It appears as if your partner qualifies for UK citizenship through his father.

Basically, any person born in the UK before 1983 is a “British citizen otherwise than by descent”. Confrimation:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

If a child of a UK citizen otherwise than by descent is born outside the UK then they can also qualify for UK citizenship. The type of citizenship they will receive is called “British citizenship by descent”.

This is under s2 (1) of the British Nationality Act 1981:-
http://www.legislation.gov.uk/ukpga/1981/61

Therefore, on this basis your partner would be able to apply for a UK passport immediately provided that he can prove the birth of his father, his birth and the other circumstances surrounding his birth.

It would seem appropriate to make an application for a passport. A UK citizen cannot then be deported from their own country.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas and other UK Family Law Specialists are ready to help you

Related UK Family Law Questions