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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 34105
Experience:  25 years hight street experience
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If my best friend is American and have a French/UK resident

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If my best friend is American and have a French/UK resident girlfriend and we have a child in the UK, is that child British. Also is he able to stay in the UK if he has a British son.
Hi - No that child will not have automatic British nationality - unless the mother has been exercising treaty rights for more than five years - but may acquire it when his or her mother does receive permanent residence status. Claire
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Customer: replied 6 years ago.
Thanks. The mother does have residence through the EEC. Will an American father get residence in the UK if his son is born here and his fiance is a resident?
Hi - Has she been exercising her treaty rights for more than 5 years? Claire
Customer: replied 6 years ago.
She has lived in the UK for over 10 years (moved from France with her parents). Don't know if that's exercising treaty rights. She has never worked (only 21) has been claiming benefits, and now that the child is born, DSS Housing. She still has a French passport.

Would that compromise the UK born child and her American boyfriend's right to stay in the UK?
Hi - Then the child will be entitled to British citizenship. So far as the boyfriend is concerned then he will have to apply for a fiance visa as outlined here http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/ Claire
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