Regularise stay of british born UK adult

[foxxymama]

What sort of advice/help is there to regularise the status of:

A person born in the UK after 1st of Jan. 1983 (1984) at the time birth parents were not British nor settled in the UK. Since then the whole family has moved to their country of origin and all later moved back to the UK. Presently the Dad is British and mother has ILR, both obtained after she became an adult, also only other sibling is British by birth - born before 1983.

What methods and ways are there to regularise this person’s status to become British, bearing in mind that person returned to the UK as a visitor at age 18 and has since overstayed in the country. the father has right of abode and the mother has a document (ICD.2635) of which the last section of the document states this:

“ WHAT IF I HAVE A CHILD BORN IN THE UK?                                                                                                     
A child born to you in the United Kingdom since 1 January 1983 who is not a British citizen may now be entitled to be registered as such a citizen and any child born to you while you remain settled here may be a British citizen automatically at birth. However, you should note that, where the parents of a child have never been married to each other, British Citizenship can only be derived from the mother if born prior to01 July 2006. “

Would the person qualify based on the paragraph above and if not which other ways are available?

[MPH80]

Because he's now over 18 - he doesn't qualify through the birth and mother's ILR.

Given he's presently an overstayer - I suspect his route is:

1) Article 8 private life application - hope - but given he's an overstayer and lived a significant portion of his life abroad and only returned on a tourist visa ... that might not be successful. In his favour are significant family ties here.
2) Wait 10 years on that route
3) Apply ILR
4) Apply for citizenship.

The alternative is for the family to move to Europe (and I mean move - as in move the centre of their lives) - him to show he's dependant on them financially and come as an EU family member.

Others might give more insight - but I don't think there's another route.

[Amber]

At what age did he leave the UK?

[foxxymama]

I returned at age 1

[Amber]

Possibly FLR(FP) under:

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the
UK for less than 20 years (discounting any period of imprisonment) but has no ties
(including social, cultural or family) with the country to which he would have to go if
required to leave the UK.

[MPH80]

Our person returned to the uk at age 18 having left age 1. To argue there's no social or cultural tie might be very very tough.

[toofan]

you need to find a good immigration solicitor as well .who can assist you and regularize your stay

[foxxymama]

Thanks for your replies.
Is anyone aware of the document I mentioned ICD.2635 it has been issued to quite a number of people and if one were to extract the sentence "A child born to you in the United Kingdom since 1 January 1983 who is not a British citizen may now be entitled to be registered as such a citizen" what does it mean. What is the actual interpretation of that statement (This is what I am after) and yes in exceptional circumstances adults can be registered for example www.gherson.com/nationality/ under the sub heading registration for people born between 7 Feb 1961 till 1 Jan 1983 (yeh I know it doesn't apply to this case) but adults can be registered.

I have also considered the FLR(P) but have been advised by a solicitor no ties would be hard to argue.
I come from a close knit immediate family who are all in the UK and I am especially close to my nephews but all this only proves my strong ties to the UK.
As much as my family would do anything for me asking them to move to Europe would be too much.
how would one progress with
3) Apply ILR
4) Apply for citizenship.
I am considering returning to my country of origin but not being able to return to the UK and possibly not seeing my family upsets me, as it is unlikely they will return given they've been away so long and the cost.

[MPH80]

I am considering returning to my country of origin but not being able to return to the UK and possibly not seeing my family upsets me, as it is unlikely they will return given they've been away so long and the cost.

Without wishing to sound rude - that's a consideration perhaps you and your family should have had when you first overstayed or when you planned to return. A little planning could have prevented all these issues.

The document you refer to is a simple information form of your rights as an ILR holder. The rule they refer to about the children naturalising as citizens is then codified here: https://www.gov.uk/register-british-cit ... after-1983 - which clearly shows you have to be under 18 when you apply - so your situation doesn't apply here.

You left at age 1, returned at age 18 - you have strong cultural ties to your homeland. To argue you don't would be nigh on impossible unless you've been here for a significant amount of time (e.g. > 10-15 years)

Your only option, as far as I can see, if you're not willing to relocate is FLR(FP) and see what happens.

[Amber]

Do you have any intimate relationship with a British or settled person?

[foxxymama]

I am considering returning to my country of origin but not being able to return to the UK and possibly not seeing my family upsets me, as it is unlikely they will return given they've been away so long and the cost.

Without wishing to sound rude - that's a consideration perhaps you and your family should have had when you first overstayed or when you planned to return. A little planning could have prevented all these issues.

I absolutely agree, unfortunately a lot of this was out of my control, not until I had overstayed and a bit older was I really aware of what was going on and the implications. I was under the impression that since my sister is British, that I would be too.

Do you have any intimate relationship with a British or settled person?

I do not have such at present

With regards to length of time in UK I have been in the country for over 12 years.

[MPH80]

So you're now 30?

Ok - 12 years in the UK would be a big positive towards the private life claim.

[foxxymama]

So you're now 30?

Ok - 12 years in the UK would be a big positive towards the private life claim.

Thanks for your suggestion.

That is right I am 30.

I have looked into Private life route, but wonder if I have a strong enough claim as I have no British partner or child.

[MPH80]

Not saying it'll be easy - it'd take an application, an appeal and probably a further appeal if you were to get anywhere.

[foxxymama]

Thanks to everyone for your advice and please feel free to post if you come up with any relevant information.