my child is british can i stay in uk

January 10, 2021 4:37 am Published by Leave your thoughts

Unless your child … If you are street homeless, can someone provide statements to prove this? 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. 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. 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 making an application on the basis of your child being a British citizen, you will need provide evidence of their citizenship. Read more ». 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. We have a wide range of expertise to support business and private clients in all areas of law. 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. This means you do not have the right to appeal the refusal in the UK. 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. You may do so in any reasonable manner, but not in any way that suggests that Right to Remain endorses you or your use. Were you previously evicted from a property and if so, do you have a copy of the eviction notice? Who provides the accommodation? Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). OTS Solicitors is an internationally recognised law firm, based in the City of London. 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. Some people have successfully raised immigration fees through online fundraisers. Have you got extended family in the UK that your child is dependent on? Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. Do you have records of interaction with any homeless charities? A person is … UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. Few people want to read through thick law books to figure out what the laws are. It means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. 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. Would these needs be made worse if your child were to live outside of the UK? Is your supporting role for your child purely financial, or do you provide emotional and other support? This will be particularly relevant if your child has special behavioural, emotional or learning needs. 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. 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. 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 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. 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). 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. See section below on Evidence. You will need to include proof of identity for the writers of the letters. If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. Child Benefit is a monthly payment that can help you with the costs of your children. 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. 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. This is provided that you meet the continuous residence requirement under the Immigration Rules. If your child is from a country outside … 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. The two 'types' of British nationals. Click for information on “best interests of the child”. If you are in a relationship with the child’s other parent/carer and they have British citizenship or Indefinite Leave to Remain, you need to look at the information on applying to stay as a partner. If your application is refused, you may have a right of appeal. If a child’s father or mother was born in the UK and is a British Citizen then their children … If these are particularly severe, you should seek evidence from specialists, particularly if they have been providing services/support for your child. Right to Remain receives no government funding. For advice on family visa and parent visa applications and extension applications or settlement and Indefinite Leave to Remain applications after entry on a family or parent visa, call OTS Solicitors on 0203 959 9123 to speak to one of our experienced London based Immigration solicitors or complete our online enquiry form. 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. It would be unreasonable for the child to leave the 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. To apply for citizenship with permanent residence status you must usually have lived in the UK for 12 months after getting permanent residence status. You will need to show evidence that you are destitute, or that you would become destitute by paying the fee. If your child has particular needs, make sure you provide evidence of this. Your degree course is full-time and takes at least 9 months to be completed. 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. You will need to demonstrate a genuine and subsisting relationship with your child. 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.”. Becoming a British citizen is a significant life event. 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… What/how much are they giving you? If you had a lot of witness statements, they may not all need to attend. 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. 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. This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. You’re attending a study progr… 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). 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 a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. 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 contact must be direct contact. You also need to provide evidence that your child resides with the British citizen or settled parent. the child has no relationship with their original family; and; the child was not adopted just to make it easier to obtain a UK entry visa. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. If you need to visit the UK regularly. 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. But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. 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. The FM is short for “Family Members”. 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 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. 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. The rules also say that you must be able to provide for the child (and any other family you have). 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. that a non British Parent in a non criminal case can stay in the UK if they have a genuine and subsisting relationship with a British child. 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. Guide to the application, you should apply for them or they can for... Indefinite leave to remain only test of sole parental responsibility help to keep the Toolkit is aimed primarily individuals. Criminal convictions at least 9 months to be the case anyway, for example with your partner... Are particularly severe, you may wish to consider a judicial review leave the UK are generally eligible. 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