my child is british can i stay in uk
Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. You can claim Child Benefit if: you're 'responsible for the child' the child … The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. 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. 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. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. 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. 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. Is your supporting role for your child purely financial, or do you provide emotional and other support? It would be unreasonable for the child to leave the UK. 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. The Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. The fee waiver form quite be quite difficult to fill out. 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 would your removal from the UK damage your child? 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. 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. 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. Is your child born in the UK a British citizen? If not, could you realistically afford to save money for the fee so that you could apply within 12 months (if it were reasonable to delay your application for this length of time)? This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. 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.”. Read about the evidence needed for proving your destitution in the section above. 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 means you do not have the right to appeal the refusal in the UK. If a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. 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. 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 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. 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. 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. Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. How long will this support continue? We have a wide range of expertise to support business and private clients in all areas of law. 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 also need to provide evidence that your child resides with the British citizen or settled parent. 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. Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. 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. The FM is short for “Family Members”. 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 have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. A person is … If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. 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. 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 child/ren (or adults, if … 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. Read more ». If you or your parents were born in the UK, you might automatically be a British citizen. 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. 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. 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 are street homeless, can someone provide statements to prove this? But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. 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). If you had a lot of witness statements, they may not all need to attend. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. If your child was born outside of the UK, they may not automatically have received British Citizenship. 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. The Home Office’s position is that the immigration rules cover the extent of the UK’s obligations under human rights law, and so any Article 8 family/private life case that could be successful would meet the requirements of the immigration rules, such as if you have a British child or your child has lived in the UK for seven 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. If your child is from a country outside … 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. Child Benefit is a monthly payment that can help you with the costs of your children. 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 will need to show the Home Office that you meet the criteria of the application you are making. See the Home Office website here. 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