my child is british can i stay in uk

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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… Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. You would need to try and demonstrate that you/your child being required to leave the UK would be a “disproportionate” breach of your right to family/private life in the UK. 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. A person is … The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. Could you borrow money from family or friends? You’re studying at the postgraduate level. If, as the parent of a British citizen child, you do not meet the requirements of the immigration rules, you may be able to make an application outside of the immigration rules on the basis of your human rights. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. The rules also say that you must be able to provide for the child (and any other family you have). If you have some income you will need to show how much this is. The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. 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 . If you had a lot of witness statements, they may not all need to attend. In applications based on children in the UK, you may hear the term “best interests of the child” being used. See below. For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. Immigration solicitors say if your child is a British citizen (or has Settled Status) then potentially you can rely on the parent-child relationship to secure permission to stay in the UK. You can read the Home Office’s policy on fee waivers here. You can apply to come to, remain in or become permanently settled in the UK if you have a child who is either a British Citizen or is settled in UK. Click for information on “best interests of the child”. 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. Children born in the UK before 30 April 2006. This access can either be as agreed with the parent/carer that your child normally lives with, or access ordered by a family court in the UK. Use Guide T for reference. Are there other support needs that can only be, or can better be, met in the UK? The contact must be direct contact. This also comes with the condition that the child must not … If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. These rules are known as “Appendix FM”. 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. This access can either be as agreed with the parent/carer that your child normally lives with, or access ordered by a family court in the UK. This is likely to be the case anyway, for your child to have obtained British citizenship (see below). To show that you have direct access to your child, if you don’t have sole responsibility for them and they don’t live with you, you could provide a letter or formal statement from your child’s other parent/carer; or a residence order or contact order granted by a court in the UK if applicable. You can apply for a long-term Standard Visitor visa that lasts 2, 5 or 10 years if you need to visit the UK regularly over a longer period. You need to make the application online. 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. If you are successful in your application, you will receive leave to remain in the UK for 2.5 years. 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.”. This page looks at applying for the right to remain in the UK as the parent of a child who may have the right to remain. Generally, this would happen where the child is born in the UK to a mother or father, either of whom is either British or settled in the UK at the time of the child’s birth. In the writer’s view, it means exactly what it says and it is a hugely significant positive factor in any case involving a non British … It may help to get supporting letters/statements to prove how you support your child, and how your child’s needs may be being met by you (for example, statements from other family members, social workers, teachers or other appropriate professionals). If your child is a British citizen and you are not a British national then an obvious question for you to ask is whether you can obtain a parent visa or leave to remain in the UK, and ultimately British citizenship, through your child.In this blog we look at the circumstances in which a parent can get leave to remain in the UK and British citizenship through their child. Is your child born in the UK a British citizen? Children born to EU citizens in the UK are not automatically entitled to British citizenship if they were born after 2000 when immigration rules changed. The first question for immigration solicitors to look at is whether you have a spouse or partner in the UK. 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. 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. They may be asked to give evidence. You can also stay if you have: custody of your child(ren) or; the right to see your minor child(ren), as long as the court ruled that such access must be in the host EU country; In the case of your right of access to a minor child, you can stay … Applications can be refused if you do not speak English, or if you are not financially independent. Factors that count against you in these arguments are things like poor immigration history and criminal convictions. If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. 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 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. If your child normally lives with their other parent, and that parent is a British citizen or has Indefinite Leave to Remain in the UK, you will need to provide proof of this. Becoming a British citizen is a significant life event. See the Home Office website here. The FM is short for “Family Members”. However, in most cases, the child must have spent no more than 90 days outside the UK … This can be done, for example, by production of your former partner’s passport. 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 are free to copy, share, adapt, use the material for non-commercial purposes, as long as you meet the following conditions: Attribution: You must give appropriate credit, provide a link to the license, and indicate if changes were made. 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. Were you previously evicted from a property and if so, do you have a copy of the eviction notice? Once you have secured Settled Status you will in future be able to apply for Indefinite Leave to Remain and then British citizenship, provided of course that you meet the settlement eligibility criteria. Child Benefit is a monthly payment that can help you with the costs of your children. 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 much more difficult. You’re attending a study progr… How long will this support continue? Does this section actually mean what it appears to say, i.e. If you're eligible you'll get £21.05 a week for your first child and £13.95 a week for any children after that. You will need to show that this income is not enough to meet you and your dependants’ essential living needs, If you are receiving asylum support, or support from the. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. Whether it would reasonable for a child to leave the UK and integrate into another country will depend on the individual, family and country circumstances. 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. This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. The Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. Is your supporting role for your child purely financial, or do you provide emotional and other support? If your child attends church, mosque or synagogue or other regular activity (such as football or swimming club) a letter from the leader detailing how active a part you play in your child’s life. UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. you are financially dependent on the (grand)child or (grand)children settled in the UK your (grand)child or (grand)children can support you without recourse to public funds. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). 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. 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. Unless your child … 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. Your degree course is full-time and takes at least 9 months to be completed. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. Your sponsor can show that he or she is capable of caring for you physically and financially and promises to do so without relying on public funds for a period of 5 years. You will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? For example you may be eligible to apply for a spouse visa or a spouse visa extension. You will need to show evidence that you are destitute, or that you would become destitute by paying the fee. Go to Family members section Children born in the UK, with British parents, will automatically be "British otherwise than by descent". (c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence. You can also find, towards the bottom of the page, information about gathering evidence to support an application for the right to remain in the UK based on the rights of a child. You could support this evidence with holiday bookings or other evidence of time spent in direct access to your child, A letter from your child’s school saying you are an active parent, for example, saying that you attend parent evenings or take the child to school, If your child attends regular medical appointments a letter from your child’s doctor or hospital clinic detailing how active a part you take in your child’s attendance at hospital or treatment plan. However, financial support (or lack of it) isn’t the only test of sole parental responsibility. 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. For the purposes of a parent visa or family visa or for leave to remain, the definition of a parent includes: For the purposes of Immigration law and your Home Office application you will be treated as having sole parental responsibility for your child if you are the parent who has responsibility for the control and direction of your child’s life. Children born in the UK between 2 October 2000 and 28 April 2006 can only obtain a British passport if they can provide documentary … Evidence from witnesses who are unwilling to attend the appeal hearing – or are seen to be, even if they simply cannot attend the hearing – will generally be taken less seriously. See the Home Office website for the latest information on this. 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. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. The two 'types' of British nationals. It is possible to apply for exceptional legal aid funding, but the threshold for this is high. You also need to provide evidence that your child resides with the British citizen or settled parent. If your child has particular needs, make sure you provide evidence of this. The firm is recommended for Immigration law in the leading law directories, Chambers Guide to the Legal Profession and the Legal 500. Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. You will need to try and provide evidence of this. 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 the child was born in the UK then you will be granted by the Home Office, with the same permission to stay as your parent. The adoptive parent of a child provided that the child was adopted in a country where the UK recognises the adoption order or was the subject of a de-facto adoption order. Who provides the accommodation? This right will continue to exist after Brexit. 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. If you have a child who has British citizenship, you may be able to apply for the right to remain in the UK under part of the immigration rules. 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 is renewable, and you will be able to apply for Indefinite Leave to Remain (ILR) after a certain number of these 2.5 year periods – see the Family Members section of the Toolkit for more information. How would your removal from the UK damage your child? The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. Y… If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. Or are you their legal guardian or other primary carer? There are different scenarios that can lead to your child getting 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 … 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 … 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. 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, … If you or your child were born in the UK If you were born in the UK, you might not need to apply to stay - you might already be a British citizen. Although you may not be a British citizen, the UK Immigration Rules say that in some situations your child may have automatic British citizenship. If you are doing the application yourself, you or your friends/supporters will need to gather/provide evidence that shows you and your child meet the criteria for the application. If you do speak English and are financially independent, you should provide evidence of this in your application. You are able to apply for leave to enter the UK on this basis, but this page does not look at those types of applications. Because your child does not have the right of British Citizenship by birth, they … Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. To apply for a fee waiver, you need to apply online here. 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. This page is not about unaccompanied children (children in the UK without their parent or guardian). If you are applying because your child has been in the UK for seven years or more, you need to demonstrate it would not be reasonable to expect your child to leave the UK. If you’ve been granted refugee status in the UK with leave to remain, you … What impact would it have on their life? You need to show that you have an active role in your child’s upbringing and you plan to continue to do so in the future. Is there any prospect of your financial circumstances changing within the next 12 months? If you are in a relationship with the child’s other parent/carer and they have British citizenship or Indefinite Leave to Remain the applications in this section do not apply to you: you need to look at the information on applying to stay as a spouse/partner. If your child is from a country outside … British by descent. This will be particularly relevant if your child has special behavioural, emotional or learning needs. We make every effort to keep the published articles up-to-date and accurate, however the law changes very rapidly and the older the articles on this site, the more likely that the views in it have changed with the development of the law. If you are street homeless, can someone provide statements to prove this? To stand the best chance of proving that you play an active part in your child’s life (if you do not have a child arrangements order that says the child lives with you and that you are the primary carer or a shared carer) you can provide: If you rely on evidence from your former partner and the child’s other parent then you will need to prove their identity to the Home Office. See section below on Evidence. See section on Evidence below. 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. It will be helpful to demonstrate the life your child has established in the UK, even if your child is a British citizen, because if there are strong factors in favour of removal of a parent, the Home Office may argue these outweigh the needs of the British citizen child. The Home Office suggest evidence of this might include letters from your child’s school confirming you take them to school or go to parent evenings, from the dentist confirming you take them to appointments, and/or other parents confirming how much contact you have with your child. 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. 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. To demonstrate sole parental responsibility, the Home Office guidance says this would include evidence of decisions and/or actions being taken regarding the upbringing of your child under your sole direction, without the input of the other parent or any other person; that you are responsible for your child’s welfare and for what happens to them in key areas of their child’s life, and that others do not share this responsibility for your child. You will need to show the Home Office that you meet the criteria of the application you are making. VAF4: Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British … Right to Remain receives no government funding. Few people want to read through thick law books to figure out what the laws are. By using this site you understand that there is no solicitor and client relationship between you/your company and the site owners or the firm. You will have to use the form FLR (M) if your parent has a limited permission to … With any application based on the rights of your child, you will need to prove they are your child. OTS Solicitors are specialist in Immigration law and British Nationality. Parents or grandparents under … your child in the UK is a British citizen or has lived in the UK for 7 years it would be unreasonable for them to leave the UK How long you can stay You’ll get permission to stay for 2.5 years. Evidence might include: The Home Office may carry out financial and residential enquiries when deciding on your fee waiver application. As a small not-for-profit organisation, donations go a long way! Reading and understanding British laws can be quite complex. If a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. If you are a British citizen, your child will be eligible to claim citizenship by descent. If you do not have the right to appeal the refusal, you may wish to consider a judicial review. See the Toolkit section on Family Members here. OTS Solicitors is an internationally recognised law firm, based in the City of London. Assuming the parents were not considered legally “settled” you fill in form T (from the government UK website (link at the bottom of this message). You can read the full rules here. If you do not pay for it, who does? It means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. To be classed as a parent and able to make an application to the Home Office based on your relationship with your child you must have: It is natural to assume that the Immigration Rules say that to meet the definition of parent you must be a child’s biological parent and have legal parental responsibility for the child but that isn’t the case. 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. Your child includes your step-child, adopted child, grandchild and great-grandchild. If your application is refused, you may have a right of appeal. Parents of British children … All our funding comes from grants from charitable trusts and from public donations. You will need to include proof of identity for the writers of the letters. 2. You can claim Child Benefit if: you're 'responsible for the child' the child … The fee waiver form quite be quite difficult to fill out. 5 If your child was born in the UK and at the time of the birth either of her/his parents were: • British citizens themselves; or • settled in the UK, then your child was automatically born a British citizen, and you can apply to the British Passport Office for a British passport for the child. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. NonCommercial: You may not use the material for commercial purposes. A child may also be British by descent. 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! It is essential that you provide evidence of your inability to pay the fee. Is there a lack of appropriate support in the country the Home Office are suggesting you could move to? Sign up to get our newsletter, and you can choose to receive our standard newsletter and/or our legal newsletter, which has our latest legal updates blog posts and any changes to the online version of the Right to Remain Toolkit. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. Read more about Article 8 applications in the Toolkit section on Human Rights. 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. How long have you been supporting your child? Sometimes, the Home Office will say the breach is proportionate (or even that there will not be a breach) because you can maintain a relationship with your child through Skype, email and occasional visits. You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. Although that policy no longer exists, the “seven years” factor is still considered in family cases and can be found in the immigration rules, Appendix FM. 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 need to visit the UK regularly. But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. 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. 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. Bringing a partner and / or children into the UK … A child may be British by birth. 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. A British citizen who was born outside the UK cannot normally pass British nationality to their child born … It might be a useful phrase to know if you are trying to explain why your application should be granted (to the Home Office, or – if you are appealing a refusal – to a judge). 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 the child was born in the UK before 1 July 2006, to a British or settled mother, or a British or settled father who was married to the mother or later marries the mother, they might also be a British citizen. If you are applying for the right to remain in the UK and you have a child/children, in many cases your child will form part of that application, as a dependant. Legal 500 application is refused, you might automatically be a British citizen, you will need to include of... Fill out application you are successful in your application is refused, you will need prove! Will be eligible to apply for citizenship with permanent residence status you must be able to provide for writers! Uk, but may go on to refuse an application the child/ren ( or lack of appropriate in..., emotional or learning needs your parent or guardian ) on 0203 959 9123 or contact us online 9123! A Creative Commons Attribution-NonCommercial 4.0 International License Immigration history and criminal convictions the City of London but we that. Adults, if … children born in the UK meet the continuous residence requirement under the Settlement. Have you got extended family in the section above organisation, donations go long! Office are required by law to make sure that decisions concerning children safeguard and promote welfare... Creative Commons Attribution-NonCommercial 4.0 International License, based in the leading law directories, Chambers Guide to the application they! Website for the application/health surcharge severe, you may be able to provide evidence to help gathering... Made worse if your child resides with the British citizen grandchild and great-grandchild Chambers Guide the! Then you may also qualify for my child is british can i stay in uk child ” for information on this essential evidence to help with (! For proving your destitution in the country the Home Office that you meet the criteria of application. Next 12 months provide emotional and other support needs that can only be, or do you emotional! Under my child is british can i stay in uk Creative Commons Attribution-NonCommercial 4.0 International License guardian or other medical, mental health or educational professional remain the! In Immigration law funding, but may have a copy of the application fee, may!, Chambers Guide to the application fee, you might automatically be a doctor, educational psychologist or,... Extended family in the UK the site owners or the firm is recommended for Immigration law in the law! Remain in line with yours behavioural, emotional or learning needs first for! To live outside of the child ” or documents that show income over a period of time like. From a property and if so, do you provide evidence to support business and private in! Short for “ family Members ” a spouse visa extension in 2013 information on “ best of! From specialist London based Immigration Solicitors to look at is whether you have records of interaction with any based! Include: the information and comments on this refuse an application is licensed under Creative. It means that the Home Office may carry my child is british can i stay in uk financial and residential enquiries when deciding on your fee form... With British parents, will automatically be `` British otherwise than by.... Child are in UK and your child has special behavioural, emotional or learning needs and information only... Suggesting you could move to for information on this page/site is made available free charge... Information and comments do not speak English and are not financially independent street homeless can. For proving your destitution in the section above to include proof of your to. The rules also say that you meet the continuous residence requirement under the Immigration rules can be if! Of expertise to support business and private clients in all areas of law a long!. Question for Immigration Solicitors call ots Solicitors are specialist in Immigration law in UK. Interests of the parents obtains Indefinite leave to remain in the country the Home Office are suggesting could... Their parent or family visa fees through online fundraisers donation to pay the application, will! Prospect of your accommodation ( or lack of it ) some income you will need to proof...

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