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. If your application is refused, you may have a right of appeal. 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 … 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). See below. For example you may be eligible to apply for a spouse visa or a spouse visa extension. 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. Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. A child may also be British by descent. 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. You can read the Home Office’s policy on fee waivers here. 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. Would these needs be made worse if your child were to live outside of the UK? If your child normally lives with the other parent, that parent must have British citizenship or be “settled” in the UK for you to apply under these rules. 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 will need to try and provide evidence of this. 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. You will need to pay the health surcharge as well as the application fee, unless you fall into one of the exempt categories or can prove you are destitute and entitled to a fee waiver. Read more about Article 8 applications in the Toolkit section on Human Rights. We have a wide range of expertise to support business and private clients in all areas of law. Read about the evidence needed for proving your destitution in the section above. 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. The Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. The first question for immigration solicitors to look at is whether you have a spouse or partner in the UK. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". Who provides the accommodation? In applications based on children in the UK, you may hear the term “best interests of the child” being used. 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. All our funding comes from grants from charitable trusts and from public donations. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. If you do speak English and are financially independent, you should provide evidence of this in your application. 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. What impact would it have on their life? Your child includes your step-child, adopted child, grandchild and great-grandchild. 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. 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. 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 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 also comes with the condition that the child must not … 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. 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. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. If you are a British citizen, your child will be eligible to claim citizenship 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! 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. As a small not-for-profit organisation, donations go a long way! How long have you been supporting your child? Until 2008, the Home Office had a seven-year policy for children, under which a child who had spent seven years in the UK generally whould not be removed unless there were other significant factors to consider, such as the child’s parent having a serious criminal conviction. 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. 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. 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 are destitute and cannot afford to pay the application fee, you can apply for a fee waiver. 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.”. Child Benefit is a monthly payment that can help you with the costs of your children. Information about and proof of your accommodation (or lack of it). This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. 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. To apply for citizenship with permanent residence status you must usually have lived in the UK for 12 months after getting permanent residence status. Parental responsibility for your child or. Provide proof of this. If your child has particular needs, make sure you provide evidence of this. 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. 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. If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. 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. If your child was born outside of the UK, they may not automatically have received British Citizenship. Are there other support needs that can only be, or can better be, met in the UK? Have you got extended family in the UK that your child is dependent on? 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 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. 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. 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. 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. The child/ren (or adults, if … If you need to visit the UK regularly. You need to make the application online. But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. 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. Applying for a parent or family visa or British citizenship is an important step in any family. 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. 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. Bringing a partner and / or children into 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. 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 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. If you are street homeless, can someone provide statements to prove this? 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” … 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. 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. If you are being supported by friends/the community/a charity, provide proof of this. Do you have records of interaction with any homeless charities? The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. 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. 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). 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 will be particularly relevant if your child has special behavioural, emotional or learning needs. 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. 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 … It would be unreasonable for the child to leave the UK. The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children … 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. 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. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. There are different scenarios that can lead to your child getting British citizenship. The FM is short for “Family Members”. 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. 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. 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… This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. OTS Solicitors is an internationally recognised law firm, based in the City of London. However, you may still be able to argue that their “best interests” are not being considered (see above) and/or their “Article 8 rights” to family/private life would be disproportionately breached if you and they were not allowed to stay in the 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 … Becoming a British citizen is a significant life event. 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. Parents or grandparents under … This right will continue to exist after Brexit. If you have a lawyer representing you, they will give you advice about this. If you do not have the right to appeal the refusal, you may wish to consider a judicial review. Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. 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. This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. 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. 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. Evidence might include: The Home Office may carry out financial and residential enquiries when deciding on your fee waiver application. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. Read more. 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 can claim Child Benefit if: you're 'responsible for the child' the child … You’re studying at the postgraduate level. This is likely to be the case anyway, for your child to have obtained British citizenship (see below). 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. 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. For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. Go to Family members section 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. See the Home Office website for the latest information on this. Or are you their legal guardian or other primary carer? Even if you have a lawyer helping you with your application, they will ask you to provide evidence to support your application. 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. Use Guide T for reference. Unless your child … The child must be. The fee waiver form quite be quite difficult to fill out. 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. 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. This is provided that you meet the continuous residence requirement under the Immigration Rules. If you’ve been granted refugee status in the UK with leave to remain, you … You also need to provide evidence that your child resides with the British citizen or settled parent. 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. Is your child born in the UK a British citizen? 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, … Your degree course is full-time and takes at least 9 months to be completed. 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. You’re attending a study progr… British by descent. 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. See section on Evidence below. If a child’s father or mother was born in the UK and is a British Citizen then their children … 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 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. They may be asked to give evidence. These rules are known as “Appendix FM”. 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 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. They must wait until one of the parents obtains 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 … A British citizen who was born outside the UK cannot normally pass British nationality to their child born … UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. Right to Remain receives no government funding. 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. Applications can be refused if you do not speak English, or if you are not financially independent. If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. Friends providing help other family you have a lawyer representing you, they will give you advice this. Have some income you will receive leave to remain in the UK, you will need to show evidence your! 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