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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6657
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello Im 27 UK citizens and my partner isXXXXXLucia

Resolved Question:

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
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi

Do you intend to marry your partner?

Tom
Customer: replied 1 year ago.

yes we do

Expert:  Thomas replied 1 year ago.
Hi

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

Tom
Customer: replied 1 year ago.

income support and carers allowance

Customer: replied 1 year ago.

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

Expert:  Thomas replied 1 year ago.
Hi

I will answer at 930

Tom
Customer: replied 1 year ago.

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

Expert:  Thomas replied 1 year ago.
Hi,

When was your partners father born in the UK please?

Tom
Customer: replied 1 year ago.

1958

Expert:  Thomas replied 1 year ago.
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 1 year ago.

he was born in St Lucia December 1988

Customer: replied 1 year ago.

hope that's enough info


 


thanks


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks. 9am.

Tom
Expert:  Thomas replied 1 year ago.
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.

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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6657
Experience: BA (Hons), PgDip, Practising Solicitor
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