need help and advice

pwinga · Post by **pwinga** » Wed Nov 26, 2008 9:16 pm

A baby was born in the UK to illegal immigrant parents. can the baby apply for a brittish citizenship and what will happen to the status of the parents. The parents have been working and paying taxes for 8 years

hamid84 · Post by **hamid84** » Wed Nov 26, 2008 9:30 pm

Simple answer is NO... Technically speaking, baby will have the same nationality as his parents so in order to be British, parent will have to be british first.

pwinga · Post by **pwinga** » Wed Nov 26, 2008 9:40 pm

hamid84 wrote:Simple answer is NO... Technically speaking, baby will have the same nationality as his parents so in order to be British, parent will have to be british first.

the parents are not Brittish. They come here on student visa but expired a long time ago. They are working but living in fear. They just want a better life for the daughter here.

paulp · Post by **paulp** » Wed Nov 26, 2008 9:55 pm

Unfortunately, it's a long wait to make use of either the 7 year child concession for the baby or 14 years residence for the parents. The immigration rules are changing by the day.

Post by **Frontier Mole** » Thu Nov 27, 2008 12:01 am

How old is the baby / child?

pwinga · Post by **pwinga** » Thu Nov 27, 2008 8:44 pm

Frontier Mole wrote:How old is the baby / child?

sorry for the late reply, just coming from work. The baby is 2 years 6 months. any help

sakura · Post by **sakura** » Fri Nov 28, 2008 9:00 am

pwinga wrote:
Frontier Mole wrote:How old is the baby / child?
sorry for the late reply, just coming from work. The baby is 2 years 6 months. any help

The baby is not a British citizen nor is s/he entitled to be so. The baby is a citizen of one/both country/ies of the parents (most likely) and his/her status is the same as the parents (illegal entrants? OK not exactly correct for a baby born in the UK, but s/he certainly has no legal 'leave to remain').

What can they do? Having a baby in itself does not change the status, nor make it less likely that the family will be deported. I personally don't see the 7 year child concession being in place in 4.5 years' tme, but that's only my personal opinion, not based on anything that I have read (I need to stress that point, else hysteria breaks out by those on this forum jumping the gun).

If they are (highly) skilled, they should consider applying for a working visa (either for the UK or another country, e.g. US, OZ, Canada), because at the moment they have no chance of success for legal residency in the UK.

pwinga · Post by **pwinga** » Fri Nov 28, 2008 9:03 pm

thank you Sakura, its just that they live in fear here and no freedom and they cannot willingly go back to their home country. very sad

bani · Post by **bani** » Fri Nov 28, 2008 9:10 pm

pwinga wrote:thank you Sakura, its just that they live in fear here and no freedom and they cannot willingly go back to their home country. very sad

Of course they have freedom and choices, they are adults and chose this situation for themselves and chose to raise a child under these circumstances, right? It is their choice to live in fear, or they could give a deadline for themselves, save up as much as money as possible, leave and live somewhere legally. No freedom is not the same as not getting what you want.

Good luck to their family. It is their gamble.

sakura · Post by **sakura** » Sat Nov 29, 2008 10:21 am

pwinga wrote:thank you Sakura, its just that they live in fear here and no freedom and they cannot willingly go back to their home country. very sad

If that is the case, why did they not apply for asylum? Overstaying for so long wouldn't help their case much, anyway.

I cannot imagine that raising a child 'in fear' is good for any family's health, so they really need to do something now before they get deported and banned from the UK.

Post by **Frontier Mole** » Sat Nov 29, 2008 10:44 am

Three questions:

What country are they from?
On what status / visa did they come to the UK with?
If they are working and paying taxes how did they get their paperwork to allow them to do that?

Post by **JAJ** » Sun Nov 30, 2008 4:43 am

sakura wrote: The baby is not a British citizen nor is s/he entitled to be so. The baby is a citizen of one/both country/ies of the parents (most likely) and his/her status is the same as the parents (illegal entrants?

In the event that the child is not a citizen of the parent's country or countries - unusual but it does happen - there may be other options available.

graybound · Post by **graybound** » Wed Dec 03, 2008 12:33 pm

Heh I'm pretty much in the same situation as that child expect that I'm now 18.

I can't really offer much advice (especially as I've been stuck at home for over 6 months now with no idea of when it'll end) but someone did link me to this which may be of some help to you.

Although as mentioned, these laws seem to change very often so with the amount of time you're likely to have to wait, it could become a whole different scenario.

EDIT: This also.

pwinga · Post by **pwinga** » Wed Dec 03, 2008 9:46 pm

Frontier Mole wrote:Three questions:

What country are they from?
On what status / visa did they come to the UK with?
If they are working and paying taxes how did they get their paperwork to allow them to do that?

Parents are from AFRICA
They come on a student visa
they stated working when they were legal

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need help and advice

need help and advice