The child/ren (or adults, if … 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. See section on Evidence below. The FM is short for “Family Members”. A British citizen who was born outside the UK cannot normally pass British nationality to their child born … How long will this support continue? 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. 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’re eligible to invite family members to join you in the UK for a certain period of time on your Tier 4 student visa if the following conditions are met: 1. Once you have secured ILR status you can then decide whether or not to apply for British citizenship, subject to meeting the British Nationality eligibility criteria. Children born in the UK between 2 October 2000 and 28 April 2006 can only obtain a British passport if they can provide documentary … 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. 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. 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. 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. 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. They must wait until one of the parents obtains Indefinite Leave to Remain. 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 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. 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. Could they give you more? 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. 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. 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 are being supported by friends/the community/a charity, provide proof of this. OTS Solicitors is an internationally recognised law firm, based in the City of London. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. 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. 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. NonCommercial: You may not use the material for commercial purposes. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. Applications can be refused if you do not speak English, or if you are not financially independent. 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. A child may be British by birth. 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… 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 … 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're eligible you'll get £21.05 a week for your first child and £13.95 a week for any children after that. 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. Read more. 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. Applying for a parent or family visa or British citizenship is an important step in any family. Have you got extended family in the UK that your child is dependent on? See the Home Office website here. You can read the full rules here. See below. Go to Family members section It is possible to apply for exceptional legal aid funding, but the threshold for this is high. If you are a British citizen, your child will be eligible to claim citizenship by descent. 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. This is provided that you meet the continuous residence requirement under the Immigration Rules. 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. In applications based on children in the UK, you may hear the term “best interests of the child” being used. This is likely to be the case anyway, for your child to have obtained British citizenship (see below). 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. You will have to use the form FLR (M) if your parent has a limited permission to … Is there any prospect of your financial circumstances changing within the next 12 months? 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. 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 FM is short for “Family Members”. If you do not have the right to appeal the refusal, you may wish to consider a judicial review. If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. Some people have successfully raised immigration fees through online fundraisers. You can apply to come to, remain in or become permanently settled in the UK if you have a child who is either a British Citizen or is settled in UK. 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 need to visit the UK regularly. Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children … You can claim Child Benefit if: you're 'responsible for the child' the child … Or are you their legal guardian or other primary carer? 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 different scenarios that can lead to your child getting British citizenship. 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. We have a wide range of expertise to support business and private clients in all areas of law. 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). If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. With any application based on the rights of your child, you will need to prove they are your child. 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 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. Children born in the UK before 30 April 2006. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. 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. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. You may do so in any reasonable manner, but not in any way that suggests that Right to Remain endorses you or your use. Unless your child … If your child has particular needs, make sure you provide evidence of this. The first question for immigration solicitors to look at is whether you have a spouse or partner in the UK. You’re attending a study progr… 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. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. Is your supporting role for your child purely financial, or do you provide emotional and other support? 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. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. It will be helpful to demonstrate the life your child has established in the UK, even if your child is a British citizen, because if there are strong factors in favour of removal of a parent, the Home Office may argue these outweigh the needs of the British citizen child. UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. Child Benefit is a monthly payment that can help you with the costs of your children. Would these needs be made worse if your child were to live outside of the UK? See section below on Evidence. The rules also say that you must be able to provide for the child (and any other family you have). Provide proof of this. 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. 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. OTS Solicitors are specialist in Immigration law and British Nationality. 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. 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. 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. See the Toolkit section on Family Members here. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". Right to Remain receives no government funding. 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. The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. 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 will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? 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. Are there other support needs that can only be, or can better be, met in the UK? These rules are known as “Appendix FM”. If you have some income you will need to show how much this is. This page is not about unaccompanied children (children in the UK without their parent or guardian). This will be particularly relevant if your child has special behavioural, emotional or learning needs. 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 application is refused, you may have a right of appeal. What impact would it have on their life? You’re studying at the postgraduate level. A child might be a British citizen if they were born in the UK on or after 1 July 2006 to a mother or father who is British or who had settled status . How long have you been supporting your child? Few people want to read through thick law books to figure out what the laws are. 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. 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. 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. 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. If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. Read more about Article 8 applications in the Toolkit section on Human Rights. Do you have records of interaction with any homeless charities? 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. Information about and proof of your accommodation (or lack of it). 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. Your degree course is full-time and takes at least 9 months to be completed. 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). 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