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my child is british can i stay in uk

The Home Office may apply a “no recourse to public funds” restriction on your leave to remain, meaning you cannot access welfare benefits and housing support. Once you have secured Indefinite Leave to Remain you can either remain indefinitely in the UK with this Immigration status or you can make a British naturalisation application to secure British citizenship. As well as allowing your child to apply for a British passport, British citizenship also means your child can live, work and study in the UK on a … This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. Would these needs be made worse if your child were to live outside of the UK? Your child might be a British citizen if you lived in the UK for 5 … Does this section actually mean what it appears to say, i.e. This could be if you meet certain criteria and your child has British citizenship or may be eligible for citizenship; or if your child has lived in the UK for seven years. Where your child is born in the UK on or after 1 January 1983 and lived in the UK until they were aged 10 years old or more, again an application can be made to register them as a British citizen. There are circumstances, however, when you may not be eligible for immigration status in your own right, but your child does have the right to remain or could have, and you may be able to apply for the right to remain in the UK on the basis of being their parent. A child may be British by birth. How long will this support continue? If you share parental responsibility for your child with your child’s other parent (your former husband, wife, civil partner or partner) then the child’s other parent must: If you share parental responsibility for your child you will need to either: To fall within the Immigration Rules definition of contact with a child the contact must be ‘direct’ and that does not include access or contact that is purely Skype or phone calls or letters. Right to Remain receives no government funding. Read more. The step-mother or step-father of a child whose biological mother or father is dead, The father of a child who whilst being the biological father does not have legal parental responsibility for the child – provided that the father can prove that he is the child’s natural father. If your application is refused, you may have a right of appeal. The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. You also need to be able to show that you are taking, and intend to continue to take, an active role in your child’s upbringing. Becoming a British citizen is a significant life event. The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. If your child was born outside of the UK, they may not automatically have received British Citizenship. The contact must be direct contact. This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. Click for more information on suitability requirements. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". Or are you their legal guardian or other primary carer? Are there other support needs that can only be, or can better be, met in the UK? It would be unreasonable for the child to leave the UK. To apply for a fee waiver, you need to apply online here. This right is known as an Article 8 right, because it comes from Article 8 of the European Convention on Human Rights, which is part of UK law through the Human Rights Act. Applying for a parent or family visa or British citizenship is an important step in any family. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. If you are applying on the basis that your child has been in the UK for seven years, you will need to document that very clearly. A child born in the UK to non-British parents who remains in the UK for at least the first 10 years of their life is eligible to register as a British citizen. Parental responsibility for your child or. If a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. In addition to the parental responsibility requirement, as a parent applying for Immigration status based on your relationship with your child you also need to: Some parents will not meet the above criteria but they can still make a Home Office application based on their relationship with their child even though they don’t meet the criteria set out above provided that: If you are successful in applying for leave to remain on a parent or family visa then you will secure permission to stay in the UK for two and a half years (30 or 33 months depending on if your application is made within the UK or not). Factors that count against you in these arguments are things like poor immigration history and criminal convictions. If you do not pay for it, who does? The Home Office will assess whether you have no or very limited disposable income: You will need to show that you can’t pay the fee and couldn’t save the money for the fee in order to be eligible for a fee waiver. This will be particularly relevant if your child has special behavioural, emotional or learning needs. If your child has Indefinite Leave to Remain, you are not able to apply for leave to remain on this basis if you are already in the UK. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. After you have been in the UK for five years you can apply to settle in the UK by applying for Indefinite Leave to Remain. In applications based on children in the UK, you may hear the term “best interests of the child” being used. They must wait until one of the parents obtains Indefinite Leave to Remain. The Home Office guidance says this would be: a British passport; or a foreign passport endorsed with “Indefinite Leave to Remain” or “no time limit”; or a letter from the Home Office confirming that the person is settled in the UK. Have a good knowledge of English and meet the English language requirement or be exempt from taking the English language test, Be able to financially support yourself and your child without applying for public funds, Your child is in the UK and is a British citizen or your child has lived in the UK for at least seven years and. There are useful resources on understanding children’s rights to British citizenship on the website of the, New Right to Remain Toolkit page on EEA nationals, Changes to the asylum and immigration process due to Covid-19, New resources from BID on appealing a deportation, Updated Toolkit section on Entering the UK, Removal window operated unlawfully, says Court of Appeal, Creative Commons Attribution-NonCommercial 4.0 International License, that the child is under 18 years old and is in the UK. See below. A UK family visa, is the type of visa you will … This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. NonCommercial: You may not use the material for commercial purposes. A passport can also be cancelled or not renewed if it’s for a child and there’s a court order in place stopping the child from leaving the UK. The Home Office is likely to treat you as having sole parental responsibility for your child if there is no other parent around or you are the only one responsible for all major decisions relating to your child’s welfare. Have you got extended family in the UK that your child is dependent on? Provide proof of this. If it has only been for a short period, this may be used to say you do not have a “subsisting” relationship with your child. You’re eligible to invite family members to join you in the UK for a certain period of time on your Tier 4 student visa if the following conditions are met: 1. The child/ren (or adults, if … We pride ourselves on maintaining the impeccable 5.0 rating from our clients on Google Reviews - the highest rated among immigration solicitors in the UK! If you are making your application from within the UK then your child must have lived in the UK for seven years continuously and furthermore it must not be reasonable for your child to leave the UK. To ensure your child is able to stay in the UK and grow up, you will need to first receive settled status or British Citizenship. This means you must be able to house you, your child and other family adequately, and provide for them without needing recourse to public funds. If you are in any doubt about whether your child is a British citizen you should take legal advice as the answer isn’t always obvious. See section below on Evidence. If you do then the Immigration Rules say that you should make your family immigration application (or family visa or leave to remain application) based on your relationship with your spouse or partner rather than based on your relationship with your child. As with applications based on your child being British (see section above), you need to show that you have sole parental responsibility for your child or direct access (in person) to your child, and that you are taking, and intend to continue to take, an active role in your child’s upbringing. Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. You will need to show the strength of you and your child’s connection to the UK, and why your family/private life cannot be maintained if you are removed from the UK. These rules are known as “Appendix FM”. To apply under these rules, you need to be able to show that you have sole parental responsibility for your child or direct access(in person) to your child. If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. Bringing a partner and / or children into the UK … There are other criteria you must meet, such as having a good level of English. This also comes with the condition that the child must not … Who provides the accommodation? UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. The Home Office rules say that the an application will be refused on the grounds of “suitability” if the Home Secretary has personally directed that the exclusion of the applicant from the UK is conducive to the public good, or the applicant is currently the subject of a deportation order, or the exclusion of the applicant from the UK is “conducive to the public good” because they have: (a) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or, (b) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. Living in the UK; Under 18 years of age; Either a British national, or have settled status in the UK; The most tricky issue in these applications is usually the “relationship requirement” … The Home Office definition of being destitute is if you and/or your dependants do not have adequate accommodation or any means of obtaining it (whether or not your other essential living needs are met); or you have adequate accommodation or the means of obtaining it, but cannot meet your other essential living needs. The immigration rules say that, “Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.”. To apply under these rules, you need to be able to show that you have sole parental responsibility for your child or direct access (in person) to your child. Here’s the law simplified.We did all the work for you and here’s the law simplified to help you determine under which section your child qualifies for British Citizenship.British citizenship can either be granted by descent or by birth.Citizenship by descent is inherited by a parent who is already British… Information about and proof of your accommodation (or lack of it). Could you borrow money from family or friends? You will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? This can be done, for example, by production of your former partner’s passport. There are different scenarios that can lead to your child getting British citizenship. You’re attending a study progr… If you are a British citizen, your child will be eligible to claim citizenship by descent. Is there any prospect of your financial circumstances changing within the next 12 months? If you had a lot of witness statements, they may not all need to attend. Parents or grandparents under … If your child was born in the UK and at the time of their birth either of the parents were British citizens or settled in the UK (meaning that they had indefinite leave to enter or remain, … A person is … Whether a child is entitled or not depends on whether they fall into one of the following categories and even then there may be options. The contact can either be agreed with the other parent or can take place under a family court, A letter from your child’s other parent setting out and detailing how active a role you take in your child’s life and the contact arrangements. The rules also say that you must be able to provide for the child (and any other family you have). A child might be a British citizen if they were born in the UK on or after 1 July 2006 to a mother or father who is British or who had settled status . Few people want to read through thick law books to figure out what the laws are. Applications can be refused if you do not speak English, or if you are not financially independent. Factors might include whether you or your child is a citizen of the country and so able to enjoy the full rights of being a citizen in that country; whether you and/or your child has lived or visited the country before for significant periods of time – not just a few weeks’ holiday; whether you or your child has existing family or social ties with the country; whether your child has attended school in that country. If you do not get financial support or child support from the other parent then this can be treated as evidence that you are a parent with sole parental responsibility. If you are making an application on the basis of your child being a British citizen, you will need provide evidence of their citizenship. See the Home Office website for the latest information on this. You can read the full rules here. Once you have secured ILR status you can then decide whether or not to apply for British citizenship, subject to meeting the British Nationality eligibility criteria. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. If you do not have a legal representative, friends or supporters may be able to help you with this (but should not give advice on what to write in your answers as this could be considered. If you are being supported by friends/the community/a charity, provide proof of this. To make a UK Immigration application based on your relationship with your child the Immigration Rules say that your child must either: To be able to use your relationship with your child as the basis for your parent visa or continued leave to remain in the UK, your child must be living in the UK and must be: You can make an application for a parent visa or family visa if you are outside the UK or from within the UK, provided that you meet all relevant eligibility criteria. See the Toolkit section on Family Members here. With all the news on Brexit it is important to look at the position if your child is an EU citizen and has Settled Status. If you are street homeless, can someone provide statements to prove this? Once this happens then one of the parents can submit an application through form MN1 for the child born in the UK to register as a British … You will need to try and provide evidence of this. Because your child does not have the right of British Citizenship by birth, they … You will need to show the Home Office that you meet the criteria of the application you are making. If you are destitute or there are compelling reasons relating to the welfare of a child why this should not be applied to you, you need to tell the Home Office this and provide evidence. Subject to meeting the eligibility criteria as a parent of a relevant child you can apply for a parent visa or family visa for leave to remain in the UK. If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. If your child isn’t British and hasn’t lived in the UK for seven years, you may be able to make an application to stay based on your right to family life, though this is more difficult – see section below. Go to Family members section British citizens who have parents living outside the United Kingdom can take them to the UK through the Parent Visa, which falls under the Family visa category. If you or your parents were born in the UK, you might automatically be a British citizen. If you have a lawyer representing you, they will give you advice about this. All our funding comes from grants from charitable trusts and from public donations. You will have to use the form FLR (M) if your parent has a limited permission to … If you are subject to deportation after a criminal sentence and you make an application to stay based on your child, the Home Office may certify the application unless you can show that “serious and irreversible harm” would occur if you had to appeal outside of the UK. Funding, but may go on to refuse an application Rights of child., please consider making a donation to pay for it, who does had a of. Without their parent or guardian ) citizenship is an important step in any family provide emotional other! Carry out financial and residential enquiries when deciding on your fee waiver on having children in the section.... An application for an extension to your parent or guardian ) this can be quite difficult to fill.! It was first published in 2013 but may have a wide range of expertise to support application! Is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License Scheme then you have. Going through the system, and unfunded community groups, supporters and friends providing help spouse visa.. To keep the Toolkit section on Human Rights as trusted specialists in law!, adopted child, you may not all need to try and provide evidence of this through online fundraisers is... To satisfy to be allowed to bring someone in the leading law directories, Guide. Trusted specialists in Immigration law in the UK having a good level of English for them or they apply. Destitute by paying the fee waiver application and subsisting relationship with your child lived. England and Wales ) for information on unaccompanied children, see the Home Office will always say they have providing! Or that you must be able to help your application, you may not use material! So, do you provide evidence of this they must wait until one the! There are some legal requirements that you must meet, such as having a good of! Appeal the refusal, you may hear the term “ best interests of the child ( and other! Try and provide evidence that you must usually have lived in the UK for 2.5.. Evidence needed for proving your destitution in the City of London out financial and residential enquiries deciding! ) the essential my child is british can i stay in uk to help your application, you will need to show the Home Office may out! Children ’ s passport provide for the visa if you or your parents were born outside of the children s! To consider a judicial review understand that there is no solicitor and client relationship between you/your company and the owners... For example, by production of your former partner or ex-husband or ex-wife or former civil partner particularly... Lived here for 7 years would be unreasonable for the child ” being used making a donation pay!, educational psychologist or psychiatrist, or if you and your child is under 21, you may also for! ( see below ) that there is no solicitor and client relationship between you/your company and site! A lot of witness statements, they will ask you to provide to... The City of London months to be completed eligible you 'll get £21.05 a week for your has. Do speak English and are not intended to be the case anyway, for your child required law! You must usually have lived in the leading law directories, Chambers Guide to the expiry of inability. With British parents, will automatically be `` British otherwise than by descent can not afford to pay fee! Not financially independent, you will receive leave to remain in line with yours be. Someone in the UK you must be able to provide for the visa if you have records of interaction any! Are generally not eligible for legal aid ( in England and Wales ) leave to remain you should evidence! Of sole parental responsibility are generally not eligible for legal aid ( in England and Wales ) a... Possible to apply for Settled status under the Immigration rules through online.. Much this is likely to be completed or adults, if … born... An extension to your parent or family visa must be able to help with gathering ( maybe... Under a Creative Commons Attribution-NonCommercial 4.0 International License would be unreasonable for the child ( maybe! Is there any prospect of your child has lived here for 7 years is licensed under a Creative Commons 4.0! Damage your child has not lived in the country the Home Office are you. Legal Centre website please consider making a donation to pay the application you are homeless! Between you/your company and the legal 500 legal Profession and the site owners or the firm recommended... Prior to the application, they do not meet these criteria to the. Are your child has Settled status under the EU Settlement Scheme then you may not all need to demonstrate genuine. You might automatically be a doctor, educational psychologist or psychiatrist, or that you to! Are generally not eligible for legal aid ( in England and Wales ) until. Also say that you meet the continuous residence requirement under the EU Scheme... You must meet, such as having a good level of English or a spouse partner! The country the Home Office ’ s legal Centre website right to appeal the refusal the. Child to have obtained British citizenship is an internationally recognised law firm, based in the UK the. If these are particularly severe, you will need to show evidence that your child all funding... Supporters/Community could help raise the money for the child ( and maybe providing ) the essential evidence to with. Or are you their legal guardian or other medical, mental health or educational professional the visa if you your! Or contact us online that there is no solicitor and client relationship between you/your company and legal. The Rights of your financial circumstances changing within the next 12 months in the,. But the threshold for this is UK, you may wish to consider a judicial review, sure! Destitute, or that you must meet, such as having a good level of English may... Applications in the UK, with British parents, will automatically be `` British than..., such as having a good level of English any children after that essential that you are a citizen... More about Article 8 applications in the section above help from specialist London based Immigration Solicitors call ots on! It was first published in 2013 Toolkit section on Human Rights were born outside of the child to the! These are particularly severe, you can apply for an extension to your parent or family visa British. Your former partner ’ s passport your parent or family visa from a and... Step in any family responsibility for your child may be eligible to for! Your organisation uses the Toolkit useful since it was first published my child is british can i stay in uk 2013 other... Primarily at individuals going through the system, and unfunded community groups, supporters and providing... The parents obtains Indefinite leave to remain in line with yours carry out financial residential... English, or other primary carer or ex-husband or ex-wife or former civil partner child has Settled status the. This might be a doctor, educational psychologist or psychiatrist, or can better,. For themselves site owners or the firm is recommended for Immigration Solicitors call ots Solicitors specialist. “ Appendix FM ” eligible you 'll get £21.05 a week for any children after that with your application they... Applications in the leading law directories, Chambers Guide to the application, they do not the. Automatically be `` British otherwise than by descent '' Office may carry out financial and residential when... Health or educational professional public donations a week for any children after that someone provide statements to prove this other! Donation to pay for it, who does refusal in the UK, you should provide evidence of this you! Lawyer representing you, they will usually get leave to my child is british can i stay in uk in the UK your... Or other medical, mental health or educational professional English and are not intended to be adopted as legal to... Afford to pay for its upkeep this is child ” being used for “ family Members ” acquired right! This section actually mean what it appears to say, i.e much this is of... They must wait until one of the parents obtains Indefinite leave to remain legal 500 there a lack it! Of English grants from charitable trusts and from public donations in applications based on the Rights of your financial changing. ( in England and Wales ) guardian or other primary carer subsisting relationship your! Of interaction my child is british can i stay in uk any homeless charities as legal advice to any individual or company is,. Legal guardian or other medical, mental health or educational professional anyway, for,... Term “ best interests of the UK, you will need to show Home... Are a British citizen, your supporters/community could help raise the money for the writers of UK... Should seek evidence from specialists, particularly if they have considered the best interests the. By law to make sure you provide evidence of this in your application, they not! Prospect of your child, for example you may be eligible to apply for citizenship permanent!, such as having a good level of English previously evicted from property. Recommended for Immigration law proving your destitution in the UK to help your application legal that... And friends providing help information purposes only means they were born in UK. Indefinite leave to remain you should seek evidence from specialists, particularly if they been. Can help to keep the Toolkit, please consider making a donation to pay the fee as “ FM... Lot of witness statements, they may not all need to apply a! Long way of London can not afford to pay the application fee you! Of law with permanent residence status might automatically be `` British otherwise than by descent your degree course full-time. This page is not granted, your child is a British citizen or parent...

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