If your child has Settled Status under the EU Settlement Scheme then you may be eligible to apply for Settled Status. 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. 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. Could you borrow money from family or friends? If successful, they will usually get leave to remain in line with yours. 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. 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 are destitute and cannot afford to pay the application fee, you can apply for a fee waiver. See the Toolkit section on Family Members here. Right to Remain receives no government funding. Applications can be refused if you do not speak English, or if you are not financially independent. Provide proof of this. Applying for a parent or family visa or British citizenship is an important step in any family. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". 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. A British citizen who was born outside the UK cannot normally pass British nationality to their child born … If your child is a British citizen, you will need to provide proof of that. 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. In applications based on children in the UK, you may hear the term “best interests of the child” being used. 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. This is provided that you meet the continuous residence requirement under the Immigration Rules. Were you previously evicted from a property and if so, do you have a copy of the eviction notice? Does this section actually mean what it appears to say, i.e. It is possible to apply for exceptional legal aid funding, but the threshold for this is high. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. 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. 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. 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. This also comes with the condition that the child must not … OTS Solicitors is an internationally recognised law firm, based in the City of London. A UK family visa, is the type of visa you will … 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. 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. 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. 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. 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. What impact would it have on their life? 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. Your degree course is full-time and takes at least 9 months to be completed. Is your child born in the UK a British citizen? 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. How would your removal from the UK damage 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. 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. You may do so in any reasonable manner, but not in any way that suggests that Right to Remain endorses you or your use. 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. 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’re attending a study progr… If you do not pay for it, who does? You also need to provide evidence that your child resides with the British citizen or settled parent. If you have some income you will need to show how much this is. 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! 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. If you have a lawyer representing you, they will give you advice about this. 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.”. These rules are known as “Appendix FM”. 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. OTS Solicitors are specialist in Immigration law and British Nationality. What/how much are they giving you? You will need to show the Home Office that you meet the criteria of the application you are making. How long will this support continue? 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. As a small not-for-profit organisation, donations go a long way! Factors that count against you in these arguments are things like poor immigration history and criminal convictions. 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)? You’re studying at the postgraduate level. British by descent. See the Home Office website for the latest information on this. You will need to demonstrate a genuine and subsisting relationship with your child. 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. 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. Bringing a partner and / or children into the UK … If your child has particular needs, make sure you provide evidence of this. Although you may not be a British citizen, the UK Immigration Rules say that in some situations your child may have automatic British citizenship. 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. Who provides the accommodation? 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. Read more. You need to make the application online. 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. However, in most cases, the child must have spent no more than 90 days outside the UK … How long have you been supporting your child? 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. The first question for immigration solicitors to look at is whether you have a spouse or partner 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. Could they give you more? 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. UK Family Visa extensions are valid for 2 years and 6 months but the visa can be extended multiple times. The child/ren (or adults, if … The FM is short for “Family Members”. 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. With any application based on the rights of your child, you will need to prove they are your child. We have a wide range of expertise to support business and private clients in all areas of law. This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. 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. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. Read about the evidence needed for proving your destitution in the section above. 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. Because your child does not have the right of British Citizenship by birth, they … 2. You will need to try and provide evidence of this. Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. 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. 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. Is your supporting role for your child purely financial, or do you provide emotional and other support? Are there other support needs that can only be, or can better be, met in the UK? 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 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 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. Would these needs be made worse if your child were to live outside of the UK? Parents or grandparents under … 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 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. 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” … Your child might be a British citizen if you lived in the UK for 5 … You will have to use the form FLR (M) if your parent has a limited permission to … Is there a lack of appropriate support in the country the Home Office are suggesting you could move to? 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. Parents of British children … 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 … This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. 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 UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. If you are being supported by friends/the community/a charity, provide proof of this. But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. Go to Family members section If you’ve been granted refugee status in the UK with leave to remain, you … 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. 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. If you are considering making a parent visa or family visa application then it is best to take expert legal advice from specialist Immigration solicitors before doing so to ensure you meet the eligibility criteria and to make sure your application stands the best chance of a successful outcome. Unless your child … This is likely to be the case anyway, for your child to have obtained British citizenship (see below). The contact must be direct contact. This means you do not have the right to appeal the refusal in the UK. A child has an automatic right to British nationality at birth in the UK if a parent has settled status. See section on Evidence below. It would be unreasonable for the child to leave the UK. This right will continue to exist after Brexit. 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. 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. The child must be. 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 help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. If you are a British citizen, your child will be eligible to claim citizenship by descent. However, financial support (or lack of it) isn’t the only test of sole parental responsibility. 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. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. 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 your child was born outside of the UK, they may not automatically have received British Citizenship. Your child includes your step-child, adopted child, grandchild and great-grandchild. 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. 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. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. The fee waiver form quite be quite difficult to fill out. 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, … 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. They must wait until one of the parents obtains Indefinite Leave to Remain. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). If you had a lot of witness statements, they may not all need to attend. 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. 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 your application is refused, you may have a right of appeal. 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. 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 … 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. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. 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. Read the Home Office website for the child ( and maybe providing ) the essential evidence to help your,! Against you in these arguments are things like poor Immigration history and criminal convictions as! 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