Child overstayer

lamzat · Post by **lamzat** » Thu Nov 17, 2011 2:19 pm

The child was born abroad and came in as a visitor 6 years back. Hes in school and all. Using article 8, please what application form is appropriate to file his papers bearing in mind hes a child overstayer. Also note that his carer in the UK, his aunt, is a british citizen. Please is it via dependent of a person of settled status, seto or flro. Please advise. Thank you.

net5 · Post by **net5** » Thu Nov 17, 2011 2:41 pm

if the child has overstayed it will be set(0).

lamzat · Post by **lamzat** » Thu Nov 17, 2011 3:07 pm

Thank you so much!

Post by **Greenie** » Thu Nov 17, 2011 3:26 pm

lamzat wrote:Please this is a somehow similar scenario. The child was born abroad and came in as a visitor 6 years back. Hes in school and all. Using article 8, please what application form is appropriate to file his papers bearing in mind hes a child overstayer. Also note that his carer in the UK, his aunt, is a british citizen. Please is it via dependent of a person of settled status, seto or flro. Please advise. Thank you.

where are the child's parents?

How old is the child?

lamzat · Post by **lamzat** » Thu Nov 17, 2011 5:24 pm

Parents are from Ghana but the child is in UK with his carer aunty who is recognised as the carer. Parents have since left for Ghana but cant return due to visa hitches so child of 9 years has been living with his aunty for years now hence the need to regularise his status. He cant be irregular forever. Application premised on UKBA Every Child Matters!

Post by **Greenie** » Thu Nov 17, 2011 5:47 pm

The first thing UKBA will ask is why the child cannot return to Ghana to live with his parents?

lamzat · Post by **lamzat** » Thu Nov 17, 2011 5:55 pm

Greenie, thanks. They have the answers for them and UKBA too will tell the courts why they want to go contrary to their policy of the best interest of a child with roots in the UK. Its a vibrant case and all parties are ready for the outcome. A decision must be taken by UKBA. Discretion favours but the Law frowns. I believe each case will be decided on its merits.

Post by **Greenie** » Thu Nov 17, 2011 6:15 pm

Best interests of the child does not = every migrant child should be able to live in the UK regardless of his or her circumstances.

Why can't the child return to Ghana to live with his parents?

SET(O) would be a waste of money - even if the application were succesful he wouldn't get settlement. FLR(O) would be better but I do hope that legal advice has been sought.

lamzat · Post by **lamzat** » Thu Nov 17, 2011 6:22 pm

Thanks Greenie. DLR seems possible per chance. Better than being in the dark. And if push comes to shove, no problems, but the Articles and the discretionary rules were created for situations like this. Not good for a child to be irregular. Whatever the decision, life continues. Its not a do or die affair.

Post by **Greenie** » Thu Nov 17, 2011 6:26 pm

'if push comes to the shove no problems', why would it be a breach of the child's right to a family life to be living in the UK with his aunt rather than in Ghana with his parents?

Is the local authority aware of the private fostering arrangement in place here?

lamzat · Post by **lamzat** » Thu Nov 17, 2011 6:31 pm

Greenie thanks! The local authority are all involved and aware! No secrecy. Its a family arrangement and not a private fostering arrangement! If its a secret affair it wont be discussed here. The carer is a law abiding citizen that why she is making the application for a UKBA decision. All nuts and bolts are fastened. Like I told you, its an open case and whatever the decision, all parties are ready!

Post by **Greenie** » Fri Nov 18, 2011 3:36 pm

lamzat wrote:Greenie thanks! The local authority are all involved and aware! No secrecy. Its a family arrangement and not a private fostering arrangement! If its a secret affair it wont be discussed here. The carer is a law abiding citizen that why she is making the application for a UKBA decision. All nuts and bolts are fastened. Like I told you, its an open case and whatever the decision, all parties are ready!

A 'family arrangement' for the child to be looked after by a family member is a private fostering arrangement.

http://www.fostering.org.uk/information ... ering.html

Post by **vinny** » Fri Nov 18, 2011 11:02 pm

lamzat wrote: No secrecy.

Yet no answer to

Greenie wrote:Why can't the child return to Ghana to live with his parents?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Child overstayer

Child overstayer