Passport for my British born child (now 7). URGENT PLEASE

[hmdfonseca1]

I'm having some trouble understanding the in's and outs of making a passport for my child.
He was born in Brighton, in 2004, his father is british, we are still together but unmarried. I've lived in the UK since 1998, i'm Portuguese.
I've been told before he won't be able to have a British passport as his dad and i aren't married, is this correct?

Thank you in advance for any replies.

[Jambo]

Child is not automatically British from his father as you are not married but he might be British because of your status in the UK. What have you been doing in the UK since 98? Did you work? For how long?

[JAJ]

Back in 2004 it wasn't automatic for EEA citizens to become permanent residents after 5 years. So mother was not "settled" at the child's birth and (prior to July 2006) father is unmarried, so the child is probably NOT a British citizen.

That's the bad news. Good news is that the mother is almost certainly "settled" now (unless circumstances are special) and hence an application under section 1(3) of the British Nationality Act to register child as British should be successful.

(and even if not, the Home Office will register child as British based on the unmarried father, under section 3(1) - but section 1(3) registration is better as it is an entitlement).

All this has to be done before age 18, and if you wait until age 10 then there is a good character requirement for the child. So in other words - file a form MN1 with the Home Office now.