Born here but parents overstayer

[salimnina]

Hi,
I have a baby who's born here, he's 11 months, I am just wondering what is he status now and in the future and what right he might have now and if he's got none what might he get please. So far he doesn't have any child benefit and in terms of status i don't know, all I could od is register him.My status is just a failed asylum seeker, his mum is an overstayer.
thanks

[paulp]

I'm afraid that without a parent with ILR or BC, the baby does not have any right to ILR. You can search for the 7 year concession but that's only for parents undergoing removal/deportation and it's a long way in the future.

[magata]

http://www.ind.homeoffice.gov.uk/applyi ... dvice/bn11



3. Children born in the United Kingdom on or after 1 January 1983

Children born in the United Kingdom (see Note A) on or after 1 January 1983 will be British citizens if one of their parents (see Note B) is at the time of the birth a British citizen. It does not matter whether the parent concerned became a British citizen by birth, adoption, descent, naturalisation or registration. If neither parent is a British citizen the children will still be a British citizen if one of their parents is at the time of birth 'settled' (see Note C) in the United Kingdom.

Children who do not automatically become British citizens have the right to be registered as British citizens if the following requirements are met, either:

(a) (i) the child was born in the United Kingdom on or after 1 January 1983; and

(ii) one of the child's parents has, since the birth, become a British citizen or settled in the United Kingdom; and

(iii) an application for registration is made before the child's eighteenth birthday

or

(b) (i) the child was born in the United Kingdom on or after 1 January 1983; and

(ii) he or she is 10 or over on the date of the application; and

(iii) during the first 10 years of the child's life he or she has been resident in the United Kingdom without being absent for more than 90 days in any one of those 10 years.

If the absences in any one year amount to more than 90 days the Home Secretary may make an exception to the residence requirements in (b) (iii) if he thinks that there are special circumstances in a particular case

[avjones]

Hi - unlike some countries, the UK doesn't give citizenship to people who are born here.

It depends on the parents' immigration status. If you or the father has British nationality or ILR when the baby's born, the baby is a British citizen. Otherwise he may be one or both of his parents' nationalities.

[INSIDER]

I'm afraid that without a parent with ILR or BC, the baby does not have any right to ILR. You can search for the 7 year concession but that's only for parents undergoing removal/deportation and it's a long way in the future.

Wrong, you don't need to have had removal proceedings instigated against you to benefit from the 7 year childrens concession. Though
like you mentioned since the baby is only 11 months old it would be a rather long wait to benefit from it.

[paulp]

Wrong, you don't need to have had removal proceedings instigated against you to benefit from the 7 year childrens concession. Though
like you mentioned since the baby is only 11 months old it would be a rather long wait to benefit from it.

As Amanda has said before, there is a presumption of ILR but there is no blanket ILR provided by this concession. The benefit is directly linked to protection from removal proceedings.

Courtesy of one of Amanda's previous posts:
'Deportation in cases where there are children with long residence: Policy Modification announced by Under-Secretary of State for the Home Department Mr O'Brien on 24 February 1999

3.1 Whilst it is important that each individual case must be considered on its merits, there are specific factors which are likely to be of particular relevance when considering whether enforcement action should proceed or be initiated against parents who have children who have lengthy residence in the United Kingdom. For the purpose of proceeding with enforcement action in a case involving a child, the general presumption is that we would not usually proceed with enforcement action in cases where a child was born here and has lived here continuously to the age of [seven] or over, or where, having come to the United Kingdom at an early age, they have accumulated [seven] years or more continuous residence. However, there may be circumstances in which it is considered that enforcement action is still appropriate despite the lengthy residence of the child, for example in cases where the parents have a particularly poor immigration history and have deliberately seriously delayed consideration of their case. In all the cases the following factors are relevant in reaching a judgment on whether enforcement action should proceed:

- the length of the parents' residence without leave; whether removal has been delayed through protracted (and often repetitive) representations or by the parents going to ground;
- the age of the children;
- whether the children were conceived at a time when either of the parents had leave to remain;
- -whether return to the parents' country of origin would cause extreme hardship for the children or put their health seriously at risk;
- -whether either of the parents has a history of criminal behaviour or deception.

3.2 It is important that full reasons are given making clear that each case is considered on its individual merits.'

[immigration1]

avjones, do you pluck your answers from the air?! A child born before 1983 is automatically British no matter what the parents' status is (unless diplomatic staff). Before you answer I suggest you look up the law.

[jes2jes]

avjones, do you pluck your answers from the air?! A child born before 1983 is automatically British no matter what the parents' status is (unless diplomatic staff). Before you answer I suggest you look up the law.

I am a bit confused. Can you post where Amanda said the above? I cannot see that in this thread.
Thanks

[zara]

lool

[paulp]

avjones, do you pluck your answers from the air?! A child born before 1983 is automatically British no matter what the parents' status is (unless diplomatic staff). Before you answer I suggest you look up the law.

I am a bit confused. Can you post where Amanda said the above? I cannot see that in this thread.
Thanks

She was directly quoting from home office policy.

http://www.immigrationboards.com/viewto ... 98e6059984

[Docterror]

avjones, do you pluck your answers from the air?! A child born before 1983 is automatically British no matter what the parents' status is (unless diplomatic staff). Before you answer I suggest you look up the law.

I am a bit confused. Can you post where Amanda said the above? I cannot see that in this thread.
Thanks

She was directly quoting from home office policy.

http://www.immigrationboards.com/viewto ... 98e6059984

Still failing to see where she claims that prior to 1983, the right to British Citizenship 'Jus Soli' is not available.

[avjones]

avjones, do you pluck your answers from the air?! A child born before 1983 is automatically British no matter what the parents' status is (unless diplomatic staff). Before you answer I suggest you look up the law.

You'll note, I hope, that this baby is 11 months old. In my humble opinion, such a child is unlikely to have been born before 1983......

[paulp]

Still failing to see where she claims that prior to 1983, the right to British Citizenship 'Jus Soli' is not available.

Docterror, I'm confused where the "prior to 1983" comes in? Neither I nor Amanda have mentionned anything about 1983. I have been responding to the original poster who's got an 11 months old baby.

[avjones]

I think immigration1 has got his knickers in a twist because of my comment in this thread:

http://www.immigrationboards.com/viewto ... ight=ppron

He sent me an aggressive private message as well.

[paulp]

Docterror, I'm confused where the "prior to 1983" comes in? Neither I nor Amanda have mentionned anything about 1983. I have been responding to the original poster who's got an 11 months old baby.

Sorry Docterror, I thought jes2jes was asking me for amanda's other thread from which I was quoting, which I gave and hence where all the confusion arose.

Why did immigration1 have to bring in the "prior to 1983" non-issue? (rhetorical)

[jes2jes]

I think immigration1 has got his knickers in a twist because of my comment in this thread:

http://www.immigrationboards.com/viewto ... ight=ppron

He sent me an aggressive private message as well.

I thought as much but I decided to keep mute since I could not find any bearing to the post in question.

Immigration1, just bury the hatchet and let sleeping dogs lie.

[Dawie]

I think immigration1 has got his knickers in a twist because of my comment in this thread:

http://www.immigrationboards.com/viewto ... ight=ppron

He sent me an aggressive private message as well.

You're not the only one to be on the receiving end of an aggressive private message from immigration1, Amanda! Welcome to the club!

From: immigration1
To: Dawie
Posted: Thu Nov 08, 2007 1:39 pm
Subject: immigration 1 Quote message
and you can go and get a life you twat!

[avjones]

duplicate deleted

[avjones]

Oh well, at least my delete button works (-:

[paulp]

Have we missed anything?

[Docterror]

paulp, no harm done! Was beginning to think that either your English or your cerebral cortex took an early weekend. Nice to know other wise.

You're not the only one to be on the receiving end of an aggressive private message from immigration1, Amanda! Welcome to the club!

Hey! Not fair. I feel discriminated against. immigration1, what do I have to do to get one?

[Rozen]

Hey! Not fair. I feel discriminated against. immigration1, what do I have to do to get one?

[paulp]

paulp, no harm done! Was beginning to think that either your English or your cerebral cortex took an early weekend. Nice to know other wise.

It's been a long week, doc. What can I say!

[salimnina]

Hi,
thanks for your replies guys, it caught any cat's eyes ! Now I wonder what's my baby's right so far then in terms of Benefit, Education, Health...ect And again what is the 7 years thingy or the time he needs to stay to get a proper life like anyone here please. Thanks much appreciated.

[sakura]

Hi,
thanks for your replies guys, it caught any cat's eyes ! Now I wonder what's my baby's right so far then in terms of Benefit, Education, Health...ect And again what is the 7 years thingy or the time he needs to stay to get a proper life like anyone here please. Thanks much appreciated.

Have you registered your baby for your or the mother's (or both) nationality?

In the end, the baby is not a British national, and since neither of you have permanent settled status in the UK (or valid leave to remain), you won't qualify for any benefits or what have you. I'm sure, though, that as a child, s/he can use emergency NHS care (or other care) if needed, and will probably be able to start schooling at the appropriate time (formal schooling...I don't think they're allowed to ask about the child's status, or even if they find out, the LEA still has to place the child in a school).

You are, however, thinking a bit too far ahead. Anything can happen between now and 6+ years. Just make sure you do take the child to hospital if needed - don't be scared to do this.

What are your nationalities?