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. 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. Right to Remain receives no government funding. Few people want to read through thick law books to figure out what the laws are. This will be particularly relevant if your child has special behavioural, emotional or learning needs. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. 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. It would be unreasonable for the child to leave 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. 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. Read more about Article 8 applications in the Toolkit section on Human Rights. 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. This also comes with the condition that the child must not … (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. Y… 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. 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. Your degree course is full-time and takes at least 9 months to be completed. The contact must be direct contact. 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. 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. Or are you their legal guardian or other primary carer? 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, … 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. Click for information on “best interests of the child”. You’re attending a study progr… Read more ». 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. 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. A child may also be British by descent. 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. 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. Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children … Because your child does not have the right of British Citizenship by birth, they … 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. 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 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. British by descent. If you had a lot of witness statements, they may not all need to attend. 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? 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. 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 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. 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. If your application is refused, you may have a right of appeal. See below. you are financially dependent on the (grand)child or (grand)children settled in the UK your (grand)child or (grand)children can support you without recourse to public funds. This right will continue to exist after Brexit. 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. Becoming a British citizen is a significant life event. 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. 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. 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. 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. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. 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. You need to make the application online. 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. You will need to show evidence that you are destitute, or that you would become destitute by paying the fee. We have a wide range of expertise to support business and private clients in all areas of law. 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. OTS Solicitors is an internationally recognised law firm, based in the City of London. Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. 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. The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. 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. What impact would it have on their life? 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. See the Home Office website here. If you do speak English and are financially independent, you should provide evidence of this in your application. 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. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. 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. Who provides the accommodation? They may be asked to give evidence. 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. Could you borrow money from family or friends? If your child has Settled Status under the EU Settlement Scheme then you may be eligible to apply for Settled Status. As a small not-for-profit organisation, donations go a long way! 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 section on Evidence below. Children born in the UK between 2 October 2000 and 28 April 2006 can only obtain a British passport if they can provide documentary … 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. Prior to the expiry of your leave to remain you should apply for an extension to your parent or family visa. Unless your child … You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. 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. 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. 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. You’re studying at the postgraduate level. Read more. If a fee waiver is not granted, your supporters/community could help raise the money for the application/health surcharge. If you need to visit the UK regularly. You will need to show the Home Office that you meet the criteria of the application you are making. 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. A British citizen who was born outside the UK cannot normally pass British nationality to their child born … Some people have successfully raised immigration fees through online fundraisers. 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 Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. 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” … 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. 2. 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). That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. You will need to explain what relationship you have with the child – are they your biological child, adopted child, or step child? 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. You can claim Child Benefit if: you're 'responsible for the child' the child … In applications based on children in the UK, you may hear the term “best interests of the child” being used. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. It is essential that you provide evidence of your inability to pay the fee. Your child includes your step-child, adopted child, grandchild and great-grandchild. To apply for citizenship with permanent residence status you must usually have lived in the UK for 12 months after getting permanent residence status. This means you do not have the right to appeal the refusal in the UK. You can read the full rules here. The FM is short for “Family Members”. Is your supporting role for your child purely financial, or do you provide emotional and other support? The fee waiver form quite be quite difficult to fill out. 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. VAF4: Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British … If you are a British citizen, your child will be eligible to claim citizenship by descent. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). 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. 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. Have you got extended family in the UK that your child is dependent on? 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 in any doubt about whether your child is a British citizen you should take legal advice as the answer isn’t always obvious. This might be a doctor, educational psychologist or psychiatrist, or other medical, mental health or educational professional. Parental responsibility for your child or. 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. Parents of British children … It is possible to apply for exceptional legal aid funding, but the threshold for this is high. 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. 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). This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act. See section below on Evidence. How long will this support continue? 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. See the Toolkit section on Family Members here. With any application based on the rights of your child, you will need to prove they are your child. Provide proof of this. 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. 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. Applications can be refused if you do not speak English, or if you are not financially independent. 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. 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. 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). They must wait until one of the parents obtains Indefinite Leave to Remain. Friends and supporters may be able to help with gathering (and maybe providing) the essential evidence to help your application be successful. 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. Go to Family members section 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. 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 making an application on the basis of your child being a British citizen, you will need provide evidence of their citizenship. Applying for a parent or family visa or British citizenship is an important step in any family. You may do so in any reasonable manner, but not in any way that suggests that Right to Remain endorses you or your use. 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. Factors that count against you in these arguments are things like poor immigration history and criminal convictions. All our funding comes from grants from charitable trusts and from public donations. If you are being supported by friends/the community/a charity, provide proof of this. These rules are known as “Appendix FM”. Parents or grandparents under … A child has an automatic right to British nationality at birth in the UK if a parent has settled status. 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. 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. 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. To apply for a fee waiver, you need to apply online here. You will have to use the form FLR (M) if your parent has a limited permission to … 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. 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. The system, and unfunded community groups, supporters and friends providing help status the! By making a donation to pay for its upkeep more information on “ best interests of the are! Wales ) by law to make sure you provide evidence that your child for! 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