I'm a British citizen, my girlfriend, who is an illegal immigrant, is pregnant, when the baby is born, will the baby become British citizen automatically?
What will the baby's mother (my girlfriend)'s immigrant status become?
I appreciate any bits of advice, thanks in advance!
2007-01-23 11:24:20 · 10 answers · asked by slyuen_2000x 1 in Politics & Government ➔ Immigration
What a mess!
My understanding is that normally a baby takes the citizenship of the country where he/she is born, however I am not sure if this is automatically the case when born to an illegal immigrant. Your girlfriend is definitely not entitled to any income support or jobseekers allowance and probably not even child benefit when the baby is born. I don't think she is entitled to treatment from the NHS, and I would have thought the NHS would have a legal obligation to contact immigration when they discover she does not have an NHS number. She is not entitled to social housing (council houses and Housing Associations).
Even if you married her, Immigration are likely to deport her without proof that her life would be in danger if she returned to her home country. There have been a couple of cases in our local paper recently where someone was being deported despite having lived here for years, being married, with children. If I remember rightly they won their appeals thankfully and one was allowed to remain and one was allowed to return (I think).
I feel for you so much - this is an awful situation to be in, but now that there is a child on the way I think you are going to have to get some proper advice, unless you strike lucky and someone from immigration authorities happens to look at Yahoo!
Good luck to you and your girlfriend and your son or daughter.
2007-01-23 11:50:57 · answer #1 · answered by Take me to Venice 3 · 1⤊ 0⤋
OK been there done this..you MUST go to the citizens advice bureau without fail and they will check on the status of what the law is currently, do NOT be surprised if the hospital looks to you for the bill for the birth of the baby etc etc.
Am Brit living in the USA and rights of birth laws are VERY different here than in the UK, so good luck with the new baby but it might get sticky, suggest you marry her pretty quickly and you are NOT able to claim any social for her for the 1st five years but the baby does get some rights, again beg you to get to the CAB asap as they will get you the most current info and do NOT turn you in to the authorities....out of interest what country is she from ??
2007-01-23 11:32:37 · answer #2 · answered by candy g 7 · 0⤊ 0⤋
The kid will definitely be a British citizen. I'm pretty sure your girlfriend will remain the same. This is only if Britain is the same was as America, though. Be careful! In the process of having kid and all that, don't let them find out that your wife is an illegal immigrant!
2007-01-23 11:35:59 · answer #3 · answered by mlissers 2 · 0⤊ 1⤋
Hi, there, there are many factors in this issue, firstly you and your girlfriend are not married, in fact she can not marry you because her status in the UK. The baby will be born as Chinese but the birth place could be in the UK. Your girlfriend's status will not be changed because the birth of the baby. She will be stay as illegal immigrant. There is a possible solution to change her status that if she claim asylum in the UK, it will depends on how long she has been in the UK illegally. There is a website:http://www.awimmigration.co.uk, please log on it and check for further advise.
2007-01-23 11:42:13 · answer #4 · answered by ilovechangchun 2 · 2⤊ 0⤋
I am pretty sure the baby is automatically a citizen because one of it's parents is a citizen. BUT I don't think that your girlfriend would become a citizen because her kid is. She should really try to become a legal immigrant.
2007-01-23 11:35:11 · answer #5 · answered by monkeymanelvis 7 · 0⤊ 1⤋
It all depends really. If your a Brit then you probably need to file paperwork for your baby and yes it will be a Brit citizen. If your wife has the baby in a different country then the baby is eligible for dual citizenship. You need to call your local government office and find out specifically what you must do to give your baby the Brit citizenship.
2007-01-23 11:28:30 · answer #6 · answered by David K 1 · 0⤊ 0⤋
Laws usually state that being born within the nation makes them a citizen.
At least that's the way it works in the US.
And since you're already a Citizen, it should work out for the better.
EDIT: As a Parent, your GF should be entitled to at least some rights.
They may pressure you two to get married, which will result in her gaining citizenship if she accepts.
2007-01-23 11:27:22 · answer #7 · answered by Anonymous · 0⤊ 2⤋
I may be wrong but I think the baby will be british but mum is still an illegal
2007-01-23 11:28:27 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Ahh the Anchor Child as it is known.
I believe the laws were recently amended as previously the mother would also gain citizenship but this is not the case anymore, its judged on a case by case basis.
2007-01-23 22:48:36 · answer #9 · answered by Mohammed A 2 · 0⤊ 1⤋
She will remain as an illegal.
2016-05-24 02:16:31 · answer #10 · answered by ? 4 · 0⤊ 0⤋