zagoo2000 wrote:ouflak1 wrote:
1. Unknown/Home Office discretion.
2. A Birth Certificate has nothing directly to do immigration. It is merely certification/documentation that the event of birth has occurred in the UK. If they are married, the child automatically has UK citizenship because of the father's status (currently ILR). If not, the same is true, but there may be a few hoops to jump through to establish paternity.
3. The child immigration status is the child's alone. And technically, the mother's status my not be 'illegal' if she has a pending application made within the allowed time limits.
Also, though this may be a bit nit picky, and most people on this forum will understand what you mean, there is a difference between having citizenship and having a passport. Citizenship is the relationship one has with a country granting specific rights and responsibilities. A passport is merely an identification document that usually (depending on the issuing country) also identifies the person as a citizen of that country. It is possible to get citizenship and never have a passport.
Thanks ouflak1 for replying.
for 1. She arrived in UK back in Oct 2001. Applied asylum, refused in 2003. Her lawyer appealed and then re-appealed, approached MP, nothing happened. In 2009/10 (i think) applied for legacy no reply. About 6 months ago asked MP to push the case then finally the letter was received from the Home Office stating, something like this ....'that we have decided to grant you the leave once the security checks are cleared etc... (not exact but similar line)' yesterday the letter was received that the security checks are cleared send 4 passport pictures.
for 2. It does make sense what you have mentioned about Birth Certificate registration as i have looked at the requirements and the form or certificate does not say fathers or mothers legal status etc. However, I came to know that the fathers details can be added later, so her question is:
2a. in case if she does not mention fathers detail on the birth certificate and waits for her status to be cleared. will the child status be illegal (because of mothers)?
2b. once she gets her status resolved, will she be able change the child status too because of hers? and how long would it take?
2c. you stated
....If not, the same is true, but there may be a few hoops to jump through to establish paternity.... does it mean (assuming mother is illegal), apparently her solicitor suggested that, the child will get the passport (not just ILR visa) straightaway then she will be able to apply as a mother of the child and get passport too straight away?
1. From the sounds of it, it seems like she will be granted some kind of leave, either Discretionary Leave or Asylum. From your description, I do believe that her status while her application is pending an appeal is not strictly 'illegal'.
2. A child born in the UK is not required to have any visa or leave to remain. Their immigration status is their own, irrespective of the immigration status of the parents, except with regards to citizenship. Just to be clear, the child's mother status could only affect citizenship (and even that can be trumped by the father's status), NOT Immigration status.
2. a) I'm still not convinced that the mother's status is 'illegal'. The United Kingdom reserves the right to decide whether or not to grant remain to leave. If she had a valid application in process, I believe the UK's own rules state that she may remain while that application is pending a decision. Nevertheless, and to repeat, a child born in the UK has their
*own* immigration status, irrespective of the parents, except with regards to citizenship.
2. b & c) First, any child born in the UK to a citizen or a person with ILR (Indefinite Leave to Remain/ permanent residence) automatically is a citizen of the United Kingdom by birth. It doesn't matter if one of the parents is 'illegal' or has some other type of immigration status, or is even a non-citizen outside of the country. If that basic condition is met by either parent, the child is a UK citizen. I hope that's clear.
If they are not married, then the parents will have to establish the father's paternity in order to: 1) have the father put on the birth certificate if it has already been issued without his name on it and, 2) establish that the child does automatically acquire citizenship at birth.
If for some reason they are not able to establish that the father with ILR is indeed the biological father, then the potential visa status of the child will be sort of murky (as in I don't know the exact possibilities), though to repeat, the child is not required to have a visa as long as they never physically leave the country. I honestly don't know if someone with Discretionary Leave can sponsor a dependent visa, but I suspect not. A senior member here will have to chime in about the Asylum as I'm not familiar with those rules and I couldn't find anything on the
UKBA Asylum page that talked about dependents. Since the child did not enter the country illegally, the child's status WILL NEVER BE ILLEGAL, unless the child physically leaves the country and returns illegally or returns with a limited visa and subsequently overstays or violates the conditions of that visa.
zagoo2000 wrote:I think, the confusion is getting British Citizenship, having ILR or having British Passport.
British Citizenship - Means that you have the right to live, work and study in the United Kingdom without restriction. You also have the right to participate politically at all levels i.e. voting and standing for any eligible office. A citizen also qualifies for any arrangements made on their behalf with other nations regarding visa free travel, abode, work and study, such as is the case with the EU, visa-free visits to the United States, Commonwealth perks, etc, etc.... If in a foreign country, you have the right to all counselor services from a British Embassy.
ILR - Indefinite Leave to Remain is a status given to non-citizens meaning they have established their primary residence and life in the United Kingdom. This means you have the right to live, work, and study in the United Kingdom. This DOES NOT grant any special rights to political participation. And any agreements regarding permanent residents are separate from those of citizens (so a permanent resident of the UK for example, is NOT a permanent resident of the EU, but may, because of special agreement, visit Switzerland without a visa no matter their base nationality). You only have the right to counselor services from an embassy of your own country of nationality.
Passport - A passport is a document for identity. It usually identifies an individual as being a citizen or national of a particular country. It does not confer any special rights of any kind. It is merely a document for identification purposes. It is entirely possible that a person may be a citizen of a country and
never have a passport of that country. Normally people apply for a passport if they are going to travel outside of their country, otherwise there is no real need for this document that I can think of.
My pleasure.