For example you may be eligible to apply for a spouse visa or a spouse visa extension. If you do then the Immigration Rules say that you should make your family immigration application (or family visa or leave to remain application) based on your relationship with your spouse or partner rather than based on your relationship with your child. What/how much are they giving you? 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 . If you do not pay for it, who does? These rules are known as “Appendix FM”. This will be particularly relevant if your child has special behavioural, emotional or learning needs. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. 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. See the Home Office website here. It would be unreasonable for the child to leave the UK. You can read the full rules here. We have a wide range of expertise to support business and private clients in all areas of law. Or are you their legal guardian or other primary carer? 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. 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. For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. A UK family visa, is the type of visa you will … 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’re studying at the postgraduate level. If you need to visit the UK regularly. Responsibility might mean that you take the decisions regarding your child’s education, health and medical treatment, religion, residence, holidays etc. The first question for immigration solicitors to look at is whether you have a spouse or partner in the UK. If you do speak English and are financially independent, you should provide evidence of this in your application. Read more about Article 8 applications in the Toolkit section on Human Rights. Even if you have a lawyer helping you with your application, they will ask you to provide evidence to support your application. 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. Read about the evidence needed for proving your destitution in the section above. There are other criteria you must meet, such as having a good level of English. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. 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. Read more. If these are particularly severe, you should seek evidence from specialists, particularly if they have been providing services/support for your child. This is provided that you meet the continuous residence requirement under the Immigration Rules. 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 make a UK Immigration application based on your relationship with your child the Immigration Rules say that your child must either: To be able to use your relationship with your child as the basis for your parent visa or continued leave to remain in the UK, your child must be living in the UK and must be: You can make an application for a parent visa or family visa if you are outside the UK or from within the UK, provided that you meet all relevant eligibility criteria. NonCommercial: You may not use the material for commercial purposes. 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. Does this section actually mean what it appears to say, i.e. Some people have successfully raised immigration fees through online fundraisers. Becoming a British citizen is a significant life event. Evidence might include: The Home Office may carry out financial and residential enquiries when deciding on your fee waiver application. 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. If you have a lawyer representing you, they will give you advice about this. 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. A British citizen who was born outside the UK cannot normally pass British nationality to their child born … Your child might be a British citizen if you lived in the UK for 5 … If you’ve been granted refugee status in the UK with leave to remain, you … 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. All our funding comes from grants from charitable trusts and from public donations. 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. Parents of British children … 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. 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 you are successful in your application, you will receive leave to remain in the UK for 2.5 years. However, in most cases, the child must have spent no more than 90 days outside the UK … 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. Organisations have found the Toolkit section on Human Rights you had a lot of witness statements, will! ) the essential evidence to help your application will automatically be `` British otherwise than by descent '' a. Until one of the application fee, you will need to try and provide evidence to support your.... 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