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British parents abroad registering their kids as UK Citizens
Posted: Sat Aug 24, 2019 12:24 pm
by Neno82
Hi, I hope you can help me with this case please, a good friend of mine he is genuinely Egyptian and has become a British citizen as he was married to a British woman and been living in the UK for several years but he was split up with his British wife for about five years and only just got divorced a couple of a few months ago now but while he was separated from his wife here in the UK he traveled to Egypt and got married with Egyptian girl and now they have a baby and wondering if he can register his baby as a British citizen as she was born in Egypt?
The other thing please is there any circumstances that he got married in Egypt while he was separated from his British wife?
Please note that he is now divorced from his British wife.
Thank you.
Re: British parents abroad registering their kids as UK Citizens
Posted: Sat Aug 24, 2019 4:07 pm
by secret.simon
I have split your question into its own topic as it had nothing in common with the thread that it was in.
In this case, the specific dates will matter.
Is the date of birth of the child on or after the date on the naturalisation certificate of your friend?
- If yes, the child is automatically a British citizen and can apply for a British passport.
- If no, the child's UK immigration status is dependent on that of the less-privileged parent (in this case, the mother).
As for the second/Egyptian wife, did they marry before or after the
date of the decree absolute (not decree nisi) if the first marriage?
- If before, that marriage may not be valid for the purposes of appltying for a spouse visa, as he was not "free to marry" under UK law at the time of his second marriage.
- If after, there should be no problem, provided he can meet the standard spouse visa requirements.
Re: British parents abroad registering their kids as UK Citizens
Posted: Sat Aug 24, 2019 5:40 pm
by Neno82
Thanks for your reply and sorry for any confusion in my last questions.
I have to confirm that the baby was born after the date on the neutralisation certificate of my friend.
And he tried to register the birth certificate for his baby here in the uk and in the application form they asking to send his marriage certificate with the baby’s mother and the divorce certificate Too.
Now he is worried because of the date of marriage in Egypt was in 2016, and the divorce with the British wife only finished in March this year.
Will that be ok please? Or the will class it as a Polygamy?
Sorry again for any inconvenience and I do appreciate your time.
Many thanks
Re: British parents abroad registering their kids as UK Citizens
Posted: Sat Aug 24, 2019 8:09 pm
by joeano353
[quote=Neno82 post_id=1817540 time=1566664813 user_id=223665]
Thanks for your reply and sorry for any confusion in my last questions.
I have to confirm that the baby was born after the date on the neutralisation certificate of my friend.
And he tried to register the birth certificate for his baby here in the uk and in the application form they asking to send his marriage certificate with the baby’s mother and the divorce certificate Too.
Now he is worried because of the date of marriage in Egypt was in 2016, and the divorce with the British wife only finished in March this year.
Will that be ok please? Or the will class it as a Polygamy?
Sorry again for any inconvenience and I do appreciate your time.
Will that be ok please? Or the will class it as a Polygamy?
This question had to be asked before getting married. It is easy to claim ignorance, unfortunately UK does not accept polygamy and the marriage is not recognised.
Re: British parents abroad registering their kids as UK Citizens
Posted: Sat Aug 24, 2019 8:35 pm
by secret.simon
Neno82 wrote: ↑Sat Aug 24, 2019 5:40 pm
I have to confirm that the baby was born after the date on the neutralisation certificate of my friend.
Then the child is already a British citizen and does not need to be registered. Your friend should apply for a British passport for the child with his naturalisation certificate and the child's birth certificate as proof.
Neno82 wrote: ↑Sat Aug 24, 2019 5:40 pm
And he tried to register the birth certificate for his baby here in the uk and in the application form they asking to send his marriage certificate with the baby’s mother and the divorce certificate Too.
Which form did he use? He does not need to register the child as the child is already a British citizen by descent.
Neno82 wrote: ↑Sat Aug 24, 2019 5:40 pm
Now he is worried because of the date of marriage in Egypt was in 2016, and the divorce with the British wife only finished in March this year.
Will that be ok please? Or the will class it as a Polygamy?
From the viewpoint of British immigration law, the second wife will not be treated as a spouse as your friend was not "free to marry" at the time of his second marriage. So he cannot sponsor her to come to the UK as a spouse.