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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a mother from Hungary (live in the UK since 01/04/2006)

Customer Question

I am a mother from Hungary (live in the UK since 01/04/2006) lived with a partner who is Indian nationality, came to the UK 44 years ago on his mothers passport, never applied for a passport for himself. We were not married now we dont live together any more. I had twin boys 4 years ago. Citizens Advice Bureau said my twins are british nationalities. How can i applie for british passports for my children if non of the parents have british passports?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Neither you or the father have British Nationality, correct?
Kind regards.
Tom
Customer: replied 4 years ago.
No, we are not British nationalities
Expert:  Thomas replied 4 years ago.

Hi
Thanks for your reply
The key issue is whether or not your partner was settled in the UK and to provide evidence of this. A foreign national who is settled in the UK would have their passport stamped “Indefinite Leave To Remain. This stamp would confirm they are settled here.
Any children born in the UK to a person that was settled in the UK at the time of their birth will be entitled to UK citizenship and a passport.

Ideally your proof of him being settled would be the stamp in his passport. I would suggest that if he does not have this then he should apply to get the stamp in his passport now. He would have to apply for the UKBA for indefinite leave to remain.
If he has the stamp already in his passport then you can apply for register the children as UK citizens and apply for their passport:-
http://www.direct.gov.uk/en/TravelAndTransport/Passports/Applyingforaneworrenewedchildpassport/DG_174107
If they stamp his passport as at a date after your children are born then things would become much more tricker because you would not be able to prove he had indefinite Leave to remain as at the date of their birth and therefore they would not be eligible for UK citizenship on this basis.
If they spend the first ten years of their life in the UK then they will be eligible for UK citizenship regardless of the above though.
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Kind regards,


Tom
Customer: replied 4 years ago.

Hi

Unfortunately the father has not got a passport, he came to the UK on his mothers passport more then 40 years ago and since his mother passed away years ago we will not be able to tell if they had the stamp in her passport or not. So after all this information will i be able to apply for British passport for my children before their age of ten? Can they leave this country for holidays without a passport?

Expert:  Thomas replied 4 years ago.
Hi,

It's going to be complicated for them to get UK passports before they are ten if there is no clear evidence that he has got indefinite leave to remain.

He should attempt to get ILR now and it may be that the UKBA confirm that he already has it, in which case you could apply for their passport before ten years of age.

If they are Hungarian and can apply for a Hungarian passport. Therefore provided you are legally in the country and remain legally here then they can exercise exactly the same rights you do. Therefore if you are permitted to leave/enter the UK then so will they.

Trust this clarified, please click accept.

Kind regards

Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you very much for your help Tom
Expert:  Thomas replied 4 years ago.
No problem.

Thanks for your accept and very kind bonus.

Tom

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