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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2038
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello Im a Canadian citizen. I apologize for the length

Resolved Question:

Hello

I'm a Canadian citizen. I apologize for the length of my question- as it rather a complicated issue.

My ex-husband was incarcerated in Canada. I obtained a divorce from him. Though the paper work were still pending. I met a UK man on facebook, and got to know him as a friend. After my divorce, he asked me to come visit him and the country as a friend. I went during the Royal Wedding with the brother primarily just to take my mind off the divorce (due to the fact I left my 5 year daughter in Canada with my mom, I only planned to be there for 3 days). After 2nd day, I contacted my friend in UK and we decided to meet up before I leave for Canada again. After spending a whole day together, we realized that there was more to our friendship than we thought. We are Muslims and refrain from dating, though in our times, we conduct a marriage contract called nikaah, that 'allows' us to date until we are sure we wish to marry each other- and that point we perform a wedding ceremony called 'walimah'.

We did the nikah contract- and the next day, I flew back with my brother to Canada.

The complexity now starts. My UK partner is legally married. The plan was that he will visit Canada the next month. He was not allowed to board the flight from UK to Canada due to him being on no-fly list for US.
I felt bad and wanted to see him to decide our fate. I booked the next morning, the night he was restricted from flying, to go to UK.

And this is where I made loads of mistakes. I thought since Canada and UK are pretty close together (we still have the queen on our money) that it wasn't a big deal why I wanted to enter UK and that I had the leave to enter. When asked why I was in UK, I said I wanted to check out universities, and wanted to stay at my dad's friend. Reason being, after his denial to come to Canada, I had discussed that maybe in the future I could come and spend some time in UK and continue my study here instead of at University of Toronto. I didn't mention the relationship as I was still legally married to my ex and so was he- so I thought it would be a lie to call him my husband. But as a Muslim- I found it inappropriate to call him my boyfriend.

This is when, the immigration officer detained me and denied me entry- saying that she is not satisfied that I am a genuine visitor. Despite me having enough funds, only one week stay in UK and my daughter in the care of my mother, and my semester in university in Canada starting soon.

Its been two years since that. We have been meeting in different countries every time I have a break from study- dubai, egypt, etc. After my graduation, we lived in Turkey for 6 months with my daughter. We intend to move to a muslim country. I am now back in Canada. But I am now pregnant with his son, due in a month. He is still legally married but I am not.

I now want to visit him for 6 months in UK so he and his parents can see our son. My son will have a canadian passport- can he apply for british citizenship? Doesn't my son has the right to visit his father- especially since father is not allowed to come to Canada? How should I go about in applying for the UK visa?
Submitted: 1 year ago.
Category: UK Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

 

Just to confirm, you will be arriving to the UK once the child is born?

Is your partner not planning to divorce his legal wife?

 

Kind regards

Customer: replied 1 year ago.

Yes, I plan to come once the child is born.


 


Unfortunately they are not planning to legally divorce due to children issue as of yet.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of will your child be a british citizen at birth please see the following:

Children born on or after 1 July 2006
• the mother (i.e. the woman who gives birth to the child)
• the father if:
a. he is married to the mother at the time of the birth; or
b. he is treated as the father under section 28 of the Human Fertilisation and Embryology Act 1990; or
c. (if neither (a) nor (b) apply) he can satisfy certain requirements as regards XXXXX XXXXX paternity – i.e. he is named as the father on a birth certificate issued within 1 year of the child’s birth or he can satisfy the Home Secretary that he is the father of the child (by means of DNA test results, court orders or other relevant evidence)

2. Before 1983, only men were able to pass on their citizenship to their children who were born outside the United Kingdom – and only if the children were legitimate (see Note B). Since 1 January 1983, women have also been able to pass on British citizenship to their children who were born outside the United Kingdom. On 1 July 2006, British men acquired the right to pass on citizenship to illegitimate children, provided they could be regarded as the child’s “father” (see paragraph 1(c) above).

3. Another important change was made on 21 May 2002 and affects children who are connected with the British overseas territories (see Note A). On that date, people who were British overseas territories citizens (formerly known as British Dependent Territories citizens) became British citizens automatically as long as they had that citizenship by connection with a qualifying territory (see paragraph
1(b) above). There are other circumstances in which children connected with a qualifying territory are British citizens from birth or can be registered as British citizens, and these are explained in paragraphs 6-14 below.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn4.pdf?view=Binary

In your case your child should be granted citizenship but the father would need to meet the above requirements for the child to be granted citizenship.

2. Your son does have a right to travel to the UK to meet the father and you will have to state this at the port of entry. You or your child do not need a visa to enter the UK to visit the father. Please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/do-you-need-a-visa/

The child can come and visit the father on his canadian passport and then should he wish apply for citizenship while he is in the UK.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Sir, I appreciate your answer. But the reason I paid so much was to get a oersonalize answer to my situation. If you just did a internet search and copy pasted the answer- that is no help.


First of all- you completely missed the point that I was denied entry into UK and would need a visa before I can enter. How do I obtain that visa? What laws are on my side since im having his son?


If you can do some serious research and ask your collegues- to personalize your answer- then I would give a positive rating- im intelligent enough to do my own internet search if that is what I wanted from an expert.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of what visa you would need will be a general visitors visa, because you do not currently have any family in the uk.

To come to the UK as a family visitor, you must be able to show that you will be visiting the following family members in the UK:

spouse, civil partner, father, mother, son, daughter, brother or sister;
grandfather, grandmother, grandson or granddaughter;
spouse or civil partner's father, mother, brother or sister;
son or daughter's spouse or civil partner;
stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; or
a person you have been living with in a genuine and subsisting relationship, like marriage or civil partnership, for at least 2 years before the day you apply

You would need to apply for a general visitors visa using the following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/apply/

You need to apply at your closest visa application centre.

http://www.ukba.homeoffice.gov.uk/countries/canada/applying/?langname=UK English

Your child would not need a visa to arrive to the uk.

2. In respect of laws the best option would be for you to state in your visa application that your son not being able to see his father would be a breach of his and your human right, a right to exercise family live. The fact that your visa maybe be refused will be a breach of your human right. For more information please see the following link :

http://www.google.co.uk/url?sa=t&rct=j&q=human righst act ukba right to family life&source=web&cd=1&ved=0CDAQFjAA&url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/echr-fam-mig.pdf&ei=MgfXUePzBoPN0QXx3YFw&usg=AFQjCNGrM1Va-ies27dsD3ImCsQiKUZQrg&bvm=bv.48705608,d.d2k

The fact that you have to accompany your child to the UK would mean that if your visa application is refused he will not be able to travel. Therefore you should mention the breach of you and your child's human rights.

3. I'm respect of your child as I mentioned above he should arrive to the uk and then submit an application for British citizenship, because his father will also be in the uk it will be easier for him to apply from within the uk.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2038
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Law Specialists are ready to help you

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