This also comes with the condition that the child must not … The child must be. 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 … 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 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. If you do speak English and are financially independent, you should provide evidence of this in your application. This means you do not have the right to appeal the refusal in the UK. 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… They must wait until one of the parents obtains Indefinite Leave to Remain. How long will this support continue? 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. 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. 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 … If you do not pay for it, who does? 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. Applications can be refused if you do not speak English, or if you are not financially independent. 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.”. 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. 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. These rules are known as “Appendix FM”. Becoming a British citizen is a significant life event. The two 'types' of British nationals. Bringing a partner and / or children into 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. 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, … There are different scenarios that can lead to your child getting British citizenship. A person is … Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. 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. 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. 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. 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. They may be asked to give evidence. Provide proof of this. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. Have a good knowledge of English and meet the English language requirement or be exempt from taking the English language test, Be able to financially support yourself and your child without applying for public funds, Your child is in the UK and is a British citizen or your child has lived in the UK for at least seven years and. Read more about Article 8 applications in the Toolkit section on Human Rights. Information about and proof of your accommodation (or lack of it). 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. 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 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. Who provides the accommodation? VAF4: Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British … 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. You will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? To apply for a fee waiver, you need to apply online here. As a small not-for-profit organisation, donations go a long way! 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. How long have you been supporting 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. The firm is recommended for Immigration law in the leading law directories, Chambers Guide to the Legal Profession and the Legal 500. The fee waiver form quite be quite difficult to fill out. Parents of British children … 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 … 2. 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. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". If a child’s father or mother was born in the UK and is a British Citizen then their children … 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)? If you do not have the right to appeal the refusal, you may wish to consider a judicial review. This could be if you meet certain criteria and your child has British citizenship or may be eligible for citizenship; or if your child has lived in the UK for seven years. If you have some income you will need to show how much this is. If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. 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. 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. Children born in the UK before 30 April 2006. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. Go to Family members section Although you may not be a British citizen, the UK Immigration Rules say that in some situations your child may have automatic British citizenship. 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. This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. 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. 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. This is provided that you meet the continuous residence requirement under the Immigration Rules. What/how much are they giving you? If your child was born outside of the UK, they may not automatically have received British Citizenship. 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. 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. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. 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 your child is a British citizen, you will need to provide proof of that. If your child has Settled Status under the EU Settlement Scheme then you may be eligible to apply for Settled Status. 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. 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 is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. A UK family visa, is the type of visa you will … What impact would it have on their life? 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 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 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. If you are a British citizen, your child will be eligible to claim citizenship by descent. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. If you need to visit the UK regularly. 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. 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. Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children … But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. If you or your parents were born in the UK, you might automatically be a British citizen. 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? 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