These rules are known as “Appendix FM”. If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. Go to Family members section 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. 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. However, in most cases, the child must have spent no more than 90 days outside the UK … 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. 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. 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. 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. 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. 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. Children born in the UK before 30 April 2006. If your child is a British citizen, you will need to provide proof of that. If these are particularly severe, you should seek evidence from specialists, particularly if they have been providing services/support for your child. This is likely to be the case anyway, for your child to have obtained British citizenship (see below). 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 the child was born in the UK before 1 July 2006, to a British or settled mother, or a British or settled father who was married to the mother or later marries the mother, they might also be a British citizen. Or are you their legal guardian or other primary carer? Your child includes your step-child, adopted child, grandchild and great-grandchild. If successful, they will usually get leave to remain in line with yours. 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. If you had a lot of witness statements, they may not all need to attend. 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. The FM is short for “Family Members”. How long have you been supporting your child? The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. The Home Office will always say they have considered the best interests of the children, but may go on to refuse an application. See below. It is possible to apply for exceptional legal aid funding, but the threshold for this is high. Are there other support needs that can only be, or can better be, met 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. This also comes with the condition that the child must not … 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 have some income you will need to show how much this is. Bringing a partner and / or children into the UK … 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. You will need to try and provide evidence of this. Are there differences in quality of education, health and other public services and social or economic opportunities that mean the best interests of your child would be significantly affected? Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). Is there any prospect of your financial circumstances changing within the next 12 months? Sign up to get our newsletter, and you can choose to receive our standard newsletter and/or our legal newsletter, which has our latest legal updates blog posts and any changes to the online version of the Right to Remain Toolkit. The child must be. If you are making an application on the basis of your child being a British citizen, you will need provide evidence of their citizenship. 2. This page is not about unaccompanied children (children in the UK without their parent or guardian). The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. How long will this support continue? What/how much are they giving you? This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. British by descent. 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. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. This will be particularly relevant if your child has special behavioural, emotional or learning needs. Your degree course is full-time and takes at least 9 months to be completed. These rules are known as “Appendix FM”. They must wait until one of the parents obtains Indefinite Leave to Remain. Read about the evidence needed for proving your destitution in the section above. If you’ve been granted refugee status in the UK with leave to remain, you … Some people have successfully raised immigration fees through online fundraisers. 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. 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. 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 you need to visit the UK regularly. 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. A person is … 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” … See the Home Office website for the latest information on this. 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). 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. Applications can be refused if you do not speak English, or if you are not financially independent. 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. Few people want to read through thick law books to figure out what the laws are. If your child is from a country outside … A child has an automatic right to British nationality at birth in the UK if a parent has settled status. 3. There are other criteria you must meet, such as having a good level of English. 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. A child may be British by birth. Prior to the expiry of your leave to remain you should apply for an extension to your parent or family visa. The rules also say that you must be able to provide for the child (and any other family you have). For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. Parents of British children … 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. Information about and proof of your accommodation (or lack of it). Provide proof of this. This is provided that you meet the continuous residence requirement under the Immigration Rules. Could they give you more? Assuming the parents were not considered legally “settled” you fill in form T (from the government UK website (link at the bottom of this message). 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. Is there a lack of appropriate support in the country the Home Office are suggesting you could move to? If your child has particular needs, make sure you provide evidence of this. 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. 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. You also need to be able to show that you are taking, and intend to continue to take, an active role in your child’s upbringing. 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. See section on Evidence below. 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. You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. Children born in the UK between 2 October 2000 and 28 April 2006 can only obtain a British passport if they can provide documentary … OTS Solicitors is an internationally recognised law firm, based in the City of London. If your child was born outside of the UK, they may not automatically have received 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. 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. 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. 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. 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. You will need to include proof of identity for the writers of the letters. 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. If you are a British citizen, your child will be eligible to claim citizenship by descent. As a small not-for-profit organisation, donations go a long way! Parents or grandparents under … You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years. 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, 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. 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. On children in the UK for 12 months after getting permanent residence status you must usually have in... Be quite complex material for commercial purposes evicted from a property and if so do. 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