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. Click for more information on suitability requirements. 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. See the Home Office website here. Once you have secured Settled Status you will in future be able to apply for Indefinite Leave to Remain and then British citizenship, provided of course that you meet the settlement eligibility criteria. This right will continue to exist after Brexit. 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. 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. If you need to visit the UK regularly. 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. However, financial support (or lack of it) isn’t the only test of sole parental responsibility. This can be done, for example, by production of your former partner’s passport. 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” … 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. Your child includes your step-child, adopted child, grandchild and great-grandchild. Child Benefit is a monthly payment that can help you with the costs of your children. What impact would it have on their life? Read more. 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. The rules also say that you must be able to provide for the child (and any other family you have). OTS Solicitors is an internationally recognised law firm, based in the City of London. If you have a job, provide payslips or documents that show income over a period of time, like a P45 or P60. Bringing a partner and / or children into the UK … Do you have records of interaction with any homeless charities? Where your child is born in the UK on or after 1 January 1983 and lived in the UK until they were aged 10 years old or more, again an application can be made to register them as a British citizen. The two 'types' of British nationals. 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. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep. All our funding comes from grants from charitable trusts and from public donations. This will be particularly relevant if your child has special behavioural, emotional or learning needs. 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 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 your child normally lives with the other parent, that parent must have British citizenship or be “settled” in the UK for you to apply under these 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. Is your supporting role for your child purely financial, or do you provide emotional and other support? The Home Office suggest evidence of this might include letters from your child’s school confirming you take them to school or go to parent evenings, from the dentist confirming you take them to appointments, and/or other parents confirming how much contact you have with your child. 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. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". Shared parental responsibility for your child, for example with your former partner or ex-husband or ex-wife or former civil partner. See section below on Evidence. Is your child born in the UK a British citizen? For expert help from specialist London based Immigration solicitors call OTS Solicitors on 0203 959 9123 or contact us online. If you do not pay for it, who does? A person is … OTS Solicitors are specialist in Immigration law and British Nationality. The firm is recommended for Immigration law in the leading law directories, Chambers Guide to the Legal Profession and the Legal 500. Applications can be refused if you do not speak English, or if you are not financially independent. 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. 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). 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. 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. Who provides the accommodation? Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children … 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 you had a lot of witness statements, they may not all need to attend. 3. You will have to use the form FLR (M) if your parent has a limited permission to … Some people have successfully raised immigration fees through online fundraisers. 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. 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