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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My 2 children were born in the UK to an illegal immigrant mother,

Customer Question

My 2 children were born in the UK to an illegal immigrant mother, and registered with UK birth certificates. I am British, and named on the birth certificate.

We managed to gain them British passports when going to the passport office because they were born in the UK, but I wonder, were they really supposed to have British passports, if the mother was illegally present in the UK at the time? If they were not and we had just 'slipped through the net' is there a chance that they are not technically British Citizens and can have their passports revoked, and their citizenship revert to that of their mother?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 4 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

There is nothing you need to worry about, fortunately for you so long as you can prove you were the father of the child the mother's immigration status , would be irrelevant, the father is able to pass on citizenship without the mother having any status in the uk or regardless of her nationality. Therefore, your child were deserving of citizenship and you need not worry.

In respect of the above you therefore should not worry about their citizenship being revoked. They are automatically British citizens.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 4 years ago.
Thank you, but can you quote the relevant law?

Would the mother be in trouble for using the NHS and getting an NHS number when illegal?
Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

I respect of the law please see following link :

Until 1 July 2006 a child could not acquire British citizenship through his or her father if the parents were not married at the time of the birth. If the parents married after the birth, the child may now be considered legitimate.

A child born in the United Kingdom before 1 July 2006 can apply for registration as a British citizen at our discretion if all the following requirements are met:

we are satisfied about the paternity of the child; and
we have the consent of all those with parental responsibility; and
the child would have an automatic claim to British citizenship; or
the child would have an entitlement to register under sections 1(3), 3(2) or 3(5); or
we would normally have registered the child under section 3(1); and

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

In respect of the mother, yes using her national insurance number is not forbidden however as she is illegal she should not be working and thus should not be using her national insurance number.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 4 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 4 years ago.
Relist: Answer quality.
Very ambiguous answer.
Expert:  UK_Lawyer replied 4 years ago.
Kindly inform me how I can assist further?

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