my child is british can i stay in uk
Parental responsibility for your child or. Reading and understanding British laws can be quite complex. 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. Or are you their legal guardian or other primary carer? 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. This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. If you need to visit the UK regularly. 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. There are other criteria you must meet, such as having a good level of English. 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. The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. It would be unreasonable for the child to leave the UK. You can claim Child Benefit if: you're 'responsible for the child' the child … 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). 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. Child Benefit is a monthly payment that can help you with the costs of your children. If you are successful in your application, you will receive leave to remain in the UK for 2.5 years. 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. Your degree course is full-time and takes at least 9 months to be completed. You will need to show the Home Office that you meet the criteria of the application you are making. It is possible to apply for exceptional legal aid funding, but the threshold for this is high. There are different scenarios that can lead to your child getting British citizenship. Read about the evidence needed for proving your destitution in the section above. You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. 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. 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. 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. Were you previously evicted from a property and if so, do you have a copy of the eviction notice? 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. 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. Applications can be refused if you do not speak English, or if you are not financially independent. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. However, financial support (or lack of it) isn’t the only test of sole parental responsibility. Factors that count against you in these arguments are things like poor immigration history and criminal convictions. Read more ». A UK family visa, is the type of visa you will … This will be particularly relevant if your child has special behavioural, emotional or learning needs. NonCommercial: You may not use the material for commercial purposes. Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. 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. The firm is recommended for Immigration law in the leading law directories, Chambers Guide to the Legal Profession and the Legal 500. Parents of British children … 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). Parents or grandparents under … 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. 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. 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. 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. Would these needs be made worse if your child were to live outside of the UK? 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. 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. How long will this support continue? If your child is a British citizen, you will need to provide proof of that. 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 … 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. 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. 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 … OTS Solicitors are specialist in Immigration law and British Nationality. Y… Evidence might include: The Home Office may carry out financial and residential enquiries when deciding on your fee waiver 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. The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. 3. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. 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. The child must be. 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. Becoming a British citizen is a significant life event. Could you borrow money from family or friends? It is essential that you provide evidence of your inability to pay the fee. 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. Go to Family members section Be a British citizen or settled in the UK ( through, Have to have your child living or residing with you or, Have contact with your child if the child lives with the other parent. 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. Bringing a partner and / or children into the UK … Even if you have a lawyer helping you with your application, they will ask you to provide evidence to support your application. 2. 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. 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. Information about and proof of your accommodation (or lack of it). A child may be British by birth. 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 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. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. 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. If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. St. Paul's Office:OTS Solicitors15 Old BaileyLondonEC4M 7EFTel : 0203 959 9123Fax: 0203 709 9639, Settled Status under the EU Settlement Scheme, BREXIT, EU and EEA Applications, Permanent Residence Card and Appeals, Be under the age of eighteen years on the date of your Home Office application or, Have been under the age of eighteen years of age when you were first granted leave to enter the UK. You will have to use the form FLR (M) if your parent has a limited permission to … 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 … You will need to demonstrate a genuine and subsisting relationship with your child. 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. They must wait until one of the parents obtains Indefinite Leave to Remain. How would your removal from the UK damage your child? A person is … See the Home Office website for the latest information on this. 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. Click for more information on suitability requirements. If you are a British citizen, your child will be eligible to claim citizenship by descent. You will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? Are there differences in quality of education, health and other public services and social or economic opportunities that mean the best interests of your child would be significantly affected? How long have you been supporting your child? 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. They may be asked to give evidence. If you have a lawyer representing you, they will give you advice about this. 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. 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. These rules are known as “Appendix FM”. A child may also be British by descent. If these are particularly severe, you should seek evidence from specialists, particularly if they have been providing services/support for your child. Is there a lack of appropriate support in the country the Home Office are suggesting you could move to? 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. 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. The contact must be direct contact. At the time of writing, the fee for making the application from within the UK is £1033 (and an additional £1033 for each dependant included in the application). You also need to provide evidence that your child resides with the British citizen or settled parent. 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. If you do not pay for it, who does? 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! The FM is short for “Family Members”. British by descent. You can read the full rules here. 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. What/how much are they giving you? 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 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. What impact would it have on their life? If you do not have the right to appeal the refusal, you may wish to consider a judicial review. Click for information on “best interests of the child”. UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. It means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. If successful, they will usually get leave to remain in line with yours. 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. This also comes with the condition that the child must not … If you do have the right to appeal, it’s important that people who may have provided witness statements for your application – about your child, your relationship with your child, and your life together in the UK – attend the hearing. Read more. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. 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. Children born in the UK between 2 October 2000 and 28 April 2006 can only obtain a British passport if they can provide documentary … 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’re studying at the postgraduate level. 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. However, the fixed immigration rules criteria cannot possibly cover all case-specific variations of cases, and the courts have since ruled that if a case does not meet the requirements of the immigration rules, Article 8 arguments should be considered outside of the rules. For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. 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