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just happens that they were born here

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BRITISH NATIONALITY ACT 1981 CHAPTER 61
PART I BRITISH CITIZENSHIP

ACQUISITION AFTER COMMENCEMENT

s 1 Acquisition by birth or adoption.

1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is--

(a) a British citizen; or
(b) settled in the United Kingdom or that territory.

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Anybody born here after 1 January 1983 is automatically British if at the time of the birth:

* One of their parents was a British citizen.
* One of their parents was allowed to stay here permanently.

The legitimacy of the child is no longer relevant. Previously where children were born outside of marriage British nationality could only be passed through the mother. The Nationality Immigration and Asylum Act 2002 now allows nationality to be inherited from the father provided that paternity can be established to the satisfaction of the Home Office.

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British fathers cannot transmit their nationality to illegitimate children automatically (see below). If the parents marry after the child's birth, it is possible that the child's birth will be "legitimated" by its parents' marriage. In order for us to establish whether or not legitimation has taken place, we require both parents to sign paternity declarations in person at the Embassy (the fee for which is Baht 5,250) and the father to complete a "domicile questionnaire". Please ask for the declarations of paternity forms and the domicile questionnaire.

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If they were born in the UK then it's possible that they are British provided you are a UK citizen or their mother was settled in the UK at the time of birth.

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9 Legitimacy of child

(1) The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)-

"(9) For the purposes of this Act a child's mother is the woman who gives birth to the child.

(9A) For the purposes of this Act a child's father is-
(a) the husband, at the time of the child's birth, of the woman who gives birth to the child, or
(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or
(c) where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.

(9B) In subsection (9A)(c) "prescribed" means prescribed by regulations of the Secretary of State; and the regulations-
(a) may confer a function (which may be a discretionary function) on the Secretary of State or another person,
(b) may make provision which applies generally or only in specified circumstances,
(c) may make different provision for different circumstances,
(d) must be made by statutory instrument, and
(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9C) The expressions "parent", "child" and "descended" shall be construed in accordance with subsections (9) and (9A)."

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s 50(9) For the purpose of this Act--

(a) the relationship of mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her; but

(b) subject to section 47, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him;

and the expressions "mother", "father", "parent", "child" and "descended" shall be construed accordingly.

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s 47 Legitimated children.

(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.

(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.

Notes:

Act amended by British Nationality (Hong Kong) Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s. 2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s. 3(2) and amended by S.I. 1983/1699, art. 2(1)

Power of appointment conferred by s. 53(2) not exercised

S.47 extended by British Nationality (Falkland Islands) Act 1983 (c.6), s. 4(2)(a)-(f), British Nationality (Hong Kong) Act 1990 (c.34), s. 2(3); amended by S.I. 1986/948, art. 7(7)(c)

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Section 9: Legitimacy of child

50. Section 9 removes from the nationality legislation the present distinctions between legitimate and illegitimate children and inserts a new definition of "father" into section 50 of the BNA 1981.

51. Subsection (1) provides that, for the purposes of the BNA 1981, a child's mother is the woman who gives birth to the child. A child's "father" is (a) the husband at the time of the child's birth of the woman who gives birth to the child, (b) a person who falls to be treated as the child's father by virtue of section 28 of the Human Fertilisation and Embryology Act 1990 or (c) any person who satisfies prescribed requirements as to proof of paternity. The Secretary of State may set out in regulations how, in circumstances where proof is required, paternity must be proven.

52. Subsection (2) amends section 3(6) of the BNA 1981 to allow registration as a British citizen of an illegitimate minor born outside the United Kingdom on the basis of a connection through his father as well as through his mother.

53. Subsection (3) makes similar provision as subsection (2) but in respect of registration as a British overseas territories citizen under section 17 of the BNA 1981.

54. Subsection (4) repeals section 47 of the BNA 1981. This enables an illegitimate child of a British citizen father to be legitimated by the subsequent marriage between his mother and father. In view of the prospective abolition of distinctions between the legitimate and the illegitimate in this context, section 47 will be redundant so far as children born after the appointed commencement date are concerned.

55. Subsection (5) amends paragraph 1(1)(b) of Schedule 2 to the BNA 1981, which provides that an illegitimate child born in the United Kingdom after 1st January 1983 whose parents hold different British nationality statuses under the BNA 1981, can only acquire the status of the mother. By this subsection, the position of illegitimate children is brought into line with that of legitimate children, who can acquire citizenship or status through either parent.

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if your partner has been in the UK for at least 14 continuous years then she could apply for ILR under the Long residence rules

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Originally posted by John:
... I am not sure if she has actually been in the UK for 14 years.

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Originally posted by theclawinorbit:
... I wasn't trying to be criptic ... It just my partner doesn't want to discuss our situation online, and I have to respect her wishes in this case.