Eligibility for a UK passport

[elle]

Hello, everyone. I'm Elle. I have a question in regards to my son's eligibility for a British passport. I just read the entries on the UKBA site in regards to this matter, however, my brain doesn't seem to grasp any of it. Here are the details:

I gave birth to my son in 2010. My husband and I weren't married yet then. We got married just last year. He holds a UK passport. His dad's British and mom's a Filipina. His dad registered him for a British passport when he was still little. However, he only got to the UK in 2008 and settled there since then.

I am not sure if my son is eligible since I think I read something like my husband must have lived in the UK 3 years prior to the birth of our child. And if that's the case I don't think our son has the right to a UK passport because when I gave birth, my husband had only been staying in the UK for 2 years.

Please advice. Thank you very much.

[rusty]

Looking at the UKBA website, I can see why you are not sure, it does seem to be a little confusing.

There seems to be slightly different requirements depending where your husband and child was born.

It looks like there is a requirent saying that "the child and their parents have lived in the United Kingdom (or British overseas territory if born after 21 May 2002) for a three year period ending on the day we receive the application."

Therefore if he has been there since 2008 and applies in 2012 the he would be eligable But it also mentions the child be present in the UK, my confusion would be how can the child be present in the UK if they are born outside the UK.

I think your husband should write to the UKBA to clarify your situation.

Good luck :xxgrinning--00xx3: