My Child is British, Can I Stay 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 be part of that application, as a dependant. If your application is successful, they will usually get leave to remain in line with yours.
There are situations, however, when you may not be eligible for immigration status in your own right, but your child does have the right to remain or is British or needs to apply. You may therefore be able to apply for the right to remain in the UK on the basis of being their British Parent, as your child was born in the UK or children born in the UK and have a British passport or permanent residence.
In situation may also arise where you are on a Spouse visa and your relationship has come to an end and is therefore no longer subsisting. The Home Office have been notified and your visa is or due to be curtailed or revoked. If you have a child with the above situation, you may be able to apply – subject to meeting the relevant requirements.
Here we look at how My Legal Services can help you applying for the right to stay in the UK as the Parent of a child who may have the right to remain or is British or settled.
This could be if you meet certain criteria and your child is under age of 18 or may be eligible for British citizenship to register your child or apply to register for applying for British citizenship application to be registered as a British citizen. Read more about the Immigration rules on this below for an child application for registration.
This could be if your child has lived in the UK for seven years. You may hear this referred to as “the seven years route”. See below for more information.
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 on the basis of the child or children’s length of residence in the UK. Although, this is more difficult the Home Office will take into various factors when considering to grant leave to remain in the UK outside of the Immigration rules.
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 you are in a relationship with the child’s other parent/carer and they have British citizenship or Indefinite Leave to Remain the applications explained on this page do not apply to you: you need to look at the information on applying to stay as a spouse/partner visa. See our page on Family Members here.
In applications based on children in the UK, you may hear the term “best interests of the child” being used. In applications based on children in the UK, you may hear the term “best interests of the child” being used. This is also known as “Section 55”, because it comes from Section 55 of the 2009 Borders, Citizenship and Immigration Act.
It means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. The Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. 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 Immigration Judge (IJ)).
Get in Touch with us Today.
So why not contact My Legal Services today to see how we can help you, you can reach us here in order to give you the best possible help and advise for an successful application. It is also important you provide relevant and specified documents prior to applying to the Home Office.
My Legal Services Immigration lawyers can help you check your eligibility and individuate the correct requirements to make your application successful. Call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation. We are immigration specialists that care about your personal circumstances and immigration needs.
We employ only the highly trained immigration lawyers to help our clients with their Immigration issues. All of our lawyers and solicitors are trained and accredited by the Law Society Immigration & Asylum Scheme to help you with the application, appeal or decision making process in obtaining your visa in the UK. You can speak at any time with one of our specialists who will be happy to assist you and go over the process for you to obtain your leave to remain in the UK.
We can also assist with:
- Overstayers in the UK
- Seven Years Child Visa
- Child Registration as a British citizen
- Parent of a British Child
- Spouse Visa
- Civil Partnership Visa
- Fiancé/Fiancée Visa
- Unmarried Partner Visa
- What is the FLR FP Form?
- 20 Years Residence Rule