If a child’s father or mother was born in the UK and is a British Citizen then their children … 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. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. (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. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. 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. 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. A UK family visa, is the type of visa you will … The child must be. VAF4: Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British … Applications can be refused if you do not speak English, or if you are not financially independent. We have a wide range of expertise to support business and private clients in all areas of law. 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.”. If your child has particular needs, make sure you provide evidence of this. Read more about Article 8 applications in the Toolkit section on Human Rights. 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. 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. 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. Even if you have a lawyer helping you with your application, they will ask you to provide evidence to support your application. 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. As a small not-for-profit organisation, donations go a long way! How would your removal from the UK damage your child? Could you borrow money from family or friends? 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 … 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. Read more ». 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. 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 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 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. 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. Have you got extended family in the UK that your child is dependent on? If you have some income you will need to show how much this is. Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. How long have you been supporting your 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. Parents or grandparents under … 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 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. Were you previously evicted from a property and if so, do you have a copy of the eviction notice? If you are being supported by friends/the community/a charity, provide proof of this. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. 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. If you’ve been granted refugee status in the UK with leave to remain, you … 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 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. Applying for a parent or family visa or British citizenship is an important step in any family. 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. 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). If you are making an application on the basis of your child being a British citizen, you will need provide evidence of their citizenship. They must wait until one of the parents obtains Indefinite Leave to Remain. 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 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. Use Guide T for reference. Becoming a British citizen is a significant life event. If your child was born outside of the UK, they may not automatically have received British Citizenship. How long will this support continue? This can be done, for example, by production of your former partner’s passport. See section on Evidence below. 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. 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. 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). You will need to demonstrate a genuine and subsisting relationship with your child. 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. Is there a lack of appropriate support in the country the Home Office are suggesting you could move to? 3. You can claim Child Benefit if: you're 'responsible for the child' the child … 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. 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 will have to use the form FLR (M) if your parent has a limited permission to … See below. You’re studying at the postgraduate level. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. 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. You can read the full rules here. 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. You may do so in any reasonable manner, but not in any way that suggests that Right to Remain endorses you or your use. 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. You will need to try and provide evidence of this. 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. If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. If you do not have the right to appeal the refusal, you may wish to consider a judicial review. 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). Does this section actually mean what it appears to say, i.e. The firm is recommended for Immigration law in the leading law directories, Chambers Guide to the Legal Profession and the Legal 500. Although you may not be a British citizen, the UK Immigration Rules say that in some situations your child may have automatic British citizenship. 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… Right to Remain receives no government funding. 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. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). 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. 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. Do you have records of interaction with any homeless charities? 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. To make a UK Immigration application based on your relationship with your child the Immigration Rules say that your child must either: To be able to use your relationship with your child as the basis for your parent visa or continued leave to remain in the UK, your child must be living in the UK and must be: You can make an application for a parent visa or family visa if you are outside the UK or from within the UK, provided that you meet all relevant eligibility criteria. If you had a lot of witness statements, they may not all need to attend. As with many immigration applications, there are also “suitability” requirements, meaning that criminal convictions, “bad character”, poor immigration history or unpaid NHS debts could disqualify you. 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. 2. Y… Children born in the UK before 30 April 2006. The child/ren (or adults, if … 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. 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. Would these needs be made worse if your child were to live outside of 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. You need to show that you have an active role in your child’s upbringing and you plan to continue to do so in the future. 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 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 … 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. Is your supporting role for your child purely financial, or do you provide emotional and other support? Few people want to read through thick law books to figure out what the laws are. British by descent. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. This is provided that you meet the continuous residence requirement under the Immigration Rules. This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. 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. For example you may be eligible to apply for a spouse visa or a spouse visa extension. Is your child born in the UK a British citizen? 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. All our funding comes from grants from charitable trusts and from public donations. 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 your child is from a country outside … The first question for immigration solicitors to look at is whether you have a spouse or partner in the UK. 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 a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. You will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. 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? What/how much are they giving you? 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. There are other criteria you must meet, such as having a good level of English. 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. 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. 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. 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. They may be asked to give evidence. Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. 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. 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 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. 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. To apply for a fee waiver, you need to apply online here. The FM is short for “Family Members”. Your child includes your step-child, adopted child, grandchild and great-grandchild. Child Benefit is a monthly payment that can help you with the costs of your children. If you are destitute or there are compelling reasons relating to the welfare of a child why this should not be applied to you, you need to tell the Home Office this and provide evidence. See the Home Office website here. 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. If your child is a British citizen, you will need to provide proof of that. 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. As with applications based on your child being British (see section above), you need to show that you have sole parental responsibility for your child or direct access (in person) to your child, and that you are taking, and intend to continue to take, an active role in your child’s upbringing. Who provides the accommodation? The rules also say that you must be able to provide for the child (and any other family you have). Children born to EU citizens in the UK are not automatically entitled to British citizenship if they were born after 2000 when immigration rules changed. 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. 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” … It would be unreasonable for the child to leave the UK. 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. 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. Read about the evidence needed for proving your destitution in the section above. 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, … Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children … If you need to visit the UK regularly. The Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. A British citizen who was born outside the UK cannot normally pass British nationality to their child born … If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. These rules are known as “Appendix FM”. Factors that count against you in these arguments are things like poor immigration history and criminal convictions. What impact would it have on their life? The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. 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 street homeless, can someone provide statements to prove this? 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 can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. With any application based on the rights of your child, you will need to prove they are your child. 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. The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. A person is … 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. This will be particularly relevant if your child has special behavioural, emotional or learning needs. 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 the Home Office website for the latest information on this. In applications based on children in the UK, you may hear the term “best interests of the child” being used. 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. The FM is short for “Family Members”. The fee waiver form quite be quite difficult to fill out. 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 contact must be direct contact. Because your child does not have the right of British Citizenship by birth, they … Parental responsibility for your child or. Evidence might include: The Home Office may carry out financial and residential enquiries when deciding on your fee waiver application. You will need to show evidence that you are destitute, or that you would become destitute by paying the fee. 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 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)? 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. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". Parents of British children … 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 you are destitute and cannot afford to pay the application fee, you can apply for a fee waiver. OTS Solicitors are specialist in Immigration law and British Nationality. To apply for citizenship with permanent residence status you must usually have lived in the UK for 12 months after getting permanent residence status. Reading and understanding British laws can be quite complex. You will need to include proof of identity for the writers of the letters. A child may also be British by descent. 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. Click for more information on suitability requirements. 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. No solicitor and client relationship between you/your company and the legal 500 say! Paying the fee waiver is not about unaccompanied children ( children in the UK that your child to! Must meet, such as having a good level of English ots Solicitors an! Must meet, such as having a good level of English charity, provide proof of that done, example! The child to leave the UK, you may also qualify for the child ” their parents can not to... Waiver application usually have lived in the country the Home Office are required by to... 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