See the Toolkit section on Family Members here. A child may also be British by descent. You will need to demonstrate a genuine and subsisting relationship with your child. This can be done, for example, by production of your former partner’s passport. This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. 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. 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. Use Guide T for reference. 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. Y… 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 it has only been for a short period, this may be used to say you do not have a “subsisting” relationship with your child. For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. 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 … They may be asked to give evidence. Because your child does not have the right of British Citizenship by birth, they … This will be particularly relevant if your child has special behavioural, emotional or learning needs. Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. 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. 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. You also need to provide evidence that your child resides with the British citizen or settled parent. If your child is under 21, you can apply for them or they can apply for themselves. 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. 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. 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. You’re attending a study progr… The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. 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. 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. You will have to use the form FLR (M) if your parent has a limited permission to … See below. You will need to show the Home Office that you meet the criteria of the application you are making. Would these needs be made worse if your child were to live outside of 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). You can claim Child Benefit if: you're 'responsible for the child' the 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. 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 child/ren (or adults, if … 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. VAF4: Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British … The use of this site should not be a substitute for specific legal advice, which we ask you to see our contact page or call our solicitors on 0203 959 9123. 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 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. How long will this support continue? 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 need to make the application online. If your child has particular needs, make sure you provide evidence of this. UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. 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. You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. 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. If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. As a small not-for-profit organisation, donations go a long way! It is essential that you provide evidence of your inability to pay the fee. These rules are known as “Appendix FM”. 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. 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. 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. 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. 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. If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. 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). This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. A child may be British by birth. 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. Could they give you more? (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. It would be unreasonable for the child to leave the UK. If you or your parents were born in the UK, you might automatically be a British citizen. If you have a lawyer representing you, they will give you advice about this. 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. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. See section below on Evidence. 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 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.”. 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. The firm is recommended for Immigration law in the leading law directories, Chambers Guide to the Legal Profession and the Legal 500. Unless your child … They must wait until one of the parents obtains Indefinite Leave to Remain. The first question for immigration solicitors to look at is whether you have a spouse or partner in the UK. 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. 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? 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. 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. British by descent. 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 is possible to apply for exceptional legal aid funding, but the threshold for this is high. You’re studying at the postgraduate level. See the Home Office website here. 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. 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. However, financial support (or lack of it) isn’t the only test of sole parental responsibility. 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. Go to Family members section This means you do not have the right to appeal the refusal in the UK. 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 FM is short for “Family Members”. A person is … If your application is refused, you may have a right of appeal. The rules also say that you must be able to provide for the child (and any other family you have). 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. The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. How would your removal from the UK damage your child? There are different scenarios that can lead to your child getting British citizenship. The FM is short for “Family Members”. 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)? Prior to the expiry of your leave to remain you should apply for an extension to your parent or family visa. But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. Reading and understanding British laws can be quite complex. Does this section actually mean what it appears to say, i.e. 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). Few people want to read through thick law books to figure out what the laws are. 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. 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. 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. 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! You will need to try and provide evidence of this. If you are making your application from within the UK then your child must have lived in the UK for seven years continuously and furthermore it must not be reasonable for your child to leave the UK. Read more. Factors that count against you in these arguments are things like poor immigration history and criminal convictions. Click for more information on suitability requirements. 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 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. This is provided that you meet the continuous residence requirement under the Immigration Rules. Have you got extended family in the UK that your child is dependent on? Is there a lack of appropriate support in the country the Home Office are suggesting you could move to? 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. 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. Child Benefit is a monthly payment that can help you with the costs of your children. This is likely to be the case anyway, for your child to have obtained British citizenship (see below). Could you borrow money from family or friends? 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. However, in most cases, the child must have spent no more than 90 days outside the UK … Applying for a parent or family visa or British citizenship is an important step in any family. Right to Remain receives no government funding. 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. 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. Who provides the accommodation? You will need to show evidence that you are destitute, or that you would become destitute by paying the fee. 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. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). 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 … We have a wide range of expertise to support business and private clients in all areas of law. 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. If you had a lot of witness statements, they may not all need to attend. This also comes with the condition that the child must not … If your child is from a country outside … What/how much are they giving you? Children born in the UK before 30 April 2006. Or are you their legal guardian or other primary carer? It means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. 3. 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. 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. 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 … 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 you are being supported by friends/the community/a charity, provide proof of this. If you are a British citizen, your child will be eligible to claim citizenship by descent. The two 'types' of British nationals. 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. What impact would it have on their life? 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. If you secure leave to remain in the UK on a parent visa because of your relationship with your child then you can apply for Indefinite Leave to Remain after you have been in the UK for at least five years. 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 to leave the UK are generally not eligible for legal aid,... 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