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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7105
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im Brazilian and I have a child born 2007 now he is 6

Resolved Question:

Hi, I'm Brazilian and I have a child born 2007 now he is 6 years old I'm married a Portuguese nation I have got my visa since 2009 to 2014, we split 7 month ago he get married with another girl. I can apply for my son be British?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Where was your son born please?

Are you, the mother and the child in the UK?

If so when did you each come to the UK and have you remained here since then?

Customer: replied 2 years ago.

My son born in London , I'm his mother my husband was with me always but we get married only in 2008

Expert:  Thomas replied 2 years ago.
Have you and your husband and the child remained in the UK since his birth?

Customer: replied 2 years ago.

Yes we did my son now at school year 1 we just went out for family trip one 2008 for 3 weeks and other 12/2012 for 3,5weeks

Customer: replied 2 years ago.

we remaining here we never move from UK

Expert:  Thomas replied 2 years ago.

Thanks for your patience.

Please refer to the following link:-

You will see that under the heading “Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom“ that there is a right for a child who is born in the UK to a parent who has subsequently become “settled” to register as a UK citizen.

This would be registration under s1(3) of the British Nationality Act 1981
Therefore if you or your husband is “settled” in the UK then your child can apply to be registered as a UK citizen. “Settled” means that you are free from immigration time limits.

Please refer to the following link:-
Read the paragraph beginning “Since 30 April 2006” and you will see that EEA citizens are automatically considered free from immigration time limit sunder the Immigration Rules after they have exercised their Treaty rights for any continuous 5-year period. After 5 years, they automatically receive permanent residence status
If your husband has exercise their treaty rights for 5 years and you only have short absences then he is considered as “settled “ and your child can apply to be registered as a UK citizen.

Although your husband may automatically have this right I would still advise apply for permanent residence simply to have it acknowledged so that the application for your child is more straight forward, which he can do here:-
You will also have to regularise your stay if you have divorced him.

Good luck.

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Kind regards,

Thomas, Solicitor
Satisfied Customers: 7105
Experience: BA (Hons), PgDip, Practising Solicitor
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