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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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My sons father and paternal family are British citizens, however

Resolved Question:

My son's father and paternal family are British citizens, however I, his mother, am not and have never been married to his father. His father currently resides in the US and has for about 12 years. Our son's DOB is 11/14/97.

1. What rights does my son have to establishing citizenship & going to school in Britain?
2. Can I take him to Britain to live without his father?

My son's father lived most of his life in Britain (appx. 30 years) paid taxes in Britain for appx. 12 years, & and his parents (my son's grandparents) still reside in the UK and have paid taxes there for decades.

I am a US citizen but lived in London for a total of 6 years (1 with my son), 3 of which I was married to a British citizen.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Where was your son born. Is his father on his birth certificate? Was his father a British citizen by birth?

Do you have evidence of the fathers citizenship?
Customer: replied 5 years ago.
My son was born in the US.

His father is not on his birth certificate but can be put on. We do have a paternity test. We have a good relationship with his father.

His father is a British citizen by birth and lived there until he was 29/30 yrs. He's 41 now. His father has a British passport.
Expert:  Senior Partner replied 5 years ago.
Your son is a British citizen by descent but you will need to establish that by producing a birth certificate and evidence of his fathers nationality i.e. a passport or his father s birth certificate. You apply for a British passport and the form will explain the evidence you need.
your sons nationality gives you no rights to reside in the uk you have to qualify on your own behalf
Customer: replied 5 years ago.
Regarding my ability, do I have any options as a self employed American citizen to establish residency in Britain?

Also, we are Hurricane Katrina refugees and thought way back then of relocating in London instead of NYC. JUST out of curiosity, would they have given us residency?

And thanks for your help and info. I really do appreciate it. You've been a big help.

Best,
Jennifer
Expert:  Senior Partner replied 5 years ago.
I am not aware of any particular allowance being made of victims of natural disasters. If the UK were to set such a precedent then millions of people displaced by flooding in Asia could claim residence. I think there is little chance of that happening given the UK is trying to restrict immigration.

If you wish to come here as self employed you need to qualify as one of the categories of entrepreneurs or highly skilled - the rules for which have been considerably tightened recently.

the current position is set out here http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/

the normal tier 1 route has been closed and the new rules are not yet in force
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