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. It is essential that you provide evidence of your inability to pay the fee. If your child is under 21, you can apply for them or they can apply for themselves. If you had a lot of witness statements, they may not all need to attend. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. This will be particularly relevant if your child has special behavioural, emotional or learning needs. 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 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. 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. 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. 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.”. If a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. that a non British Parent in a non criminal case can stay in the UK if they have a genuine and subsisting relationship with a British child. 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. 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 a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. 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. 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. 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. 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. Read more about Article 8 applications in the Toolkit section on Human Rights. Few people want to read through thick law books to figure out what the laws are. 2. Children born in the UK before 30 April 2006. Prior to the expiry of your leave to remain you should apply for an extension to your parent or family visa. 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. Applications based on having children in the UK are generally not eligible for legal aid (in England and Wales). You’re attending a study progr… 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. 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. Read about the evidence needed for proving your destitution in the section above. 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 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 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. If you need to visit the UK regularly. There are circumstances, however, when you may not be eligible for immigration status in your own right, but your child does have the right to remain or could have, and you may be able to apply for the right to remain in the UK on the basis of being their parent. Because your child does not have the right of British Citizenship by birth, they … Read more. OTS Solicitors are specialist in Immigration law and British Nationality. Go to Family members section This can be done, for example, by production of your former partner’s passport. Although you may not be a British citizen, the UK Immigration Rules say that in some situations your child may have automatic British citizenship. A UK family visa, is the type of visa you will … 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. Bringing a partner and / or children into the UK … There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. For more information on unaccompanied children, see the Children’s Legal Centre website. 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. 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. They must wait until one of the parents obtains Indefinite Leave to Remain. That means they were born outside of the UK, but may have acquired the right to British citizenship through their parents. The fee waiver form quite be quite difficult to fill out. You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment. Do you have records of interaction with any homeless charities? However, in most cases, the child must have spent no more than 90 days outside the UK … 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. 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. If you do not pay for it, who does? You need to make the application online. This also comes with the condition that the child must not … Your child includes your step-child, adopted child, grandchild and great-grandchild. 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