Very Unique Case Never came across one like this before

n8net · Post by **n8net** » Tue Aug 06, 2013 12:34 pm

Hi,

I came across a unique case about some one known to a friend of mine.and looking for any advice or guidance from the forum members.

The story goes like this - a couple from India had migrated to Paris unlawfully back in the 1980s where they gave birth to a baby girl...(they registered her birth there)

After10 yrs that they moved to UK and the couple seperated leaivng the baby girl at the care of their friend and each went their seperate ways due ti family disputes. (mother migrated to Canada and claimed ayslum there and dad's whereabout is unknown still )

The girl had been moved to UK from France using what seems to be a fradulent passport of her dad which might have been expired by now.

The baby has enrolled to school in the UK and has been studying since 10 yrs old and she is 18yrs old now and never had the prblem with anything even though she did not have a valid travel documentation (remebr her status in the UK is -- i do not knw what it is )

Now the mother has got PR in canada and now wish to sponsor the girl there..but since the girl has not got a travel document ,there are prblems.

what is the way around this ? any 1 know ? any advice highly appreciated.
as this would be life changing advice for this girl - I am very keen to help her as much as I can.

thanks for reading...

selva · Post by **selva** » Tue Aug 06, 2013 2:38 pm

n8net wrote:Hi,

I came across a unique case about some one known to a friend of mine.and looking for any advice or guidance from the forum members.

The story goes like this - a couple from India had migrated to Paris unlawfully back in the 1980s where they gave birth to a baby girl...(they registered her birth there)

After10 yrs that they moved to UK and the couple seperated leaivng the baby girl at the care of their friend and each went their seperate ways due ti family disputes. (mother migrated to Canada and claimed ayslum there and dad's whereabout is unknown still )

The girl had been moved to UK from France using what seems to be a fradulent passport of her dad which might have been expired by now.

The baby has enrolled to school in the UK and has been studying since 10 yrs old and she is 18yrs old now and never had the prblem with anything even though she did not have a valid travel documentation (remebr her status in the UK is -- i do not knw what it is )

Now the mother has got PR in canada and now wish to sponsor the girl there..but since the girl has not got a travel document ,there are prblems.

what is the way around this ? any 1 know ? any advice highly appreciated.
as this would be life changing advice for this girl - I am very keen to help her as much as I can.

thanks for reading...

I am not sure whether I can give any useful advice but I think she has to get the status right in the UK first, if she is studying here for 8 years from 10 years old then she maybe able to apply for visa (7 years child concession rule)

Post by **Casa** » Tue Aug 06, 2013 3:48 pm

What nationality does the child have? Indian?

n8net · Post by **n8net** » Tue Aug 06, 2013 4:48 pm

thanks for the reply..guys

she does nt hv a nationality . she was born to Indian parents who illegally entered in France and moved to the UK. - --very global ah ? lol

aby 7 yr rule - does it apply to the parent ? the prblem we hv here is the child .

Post by **Amber** » Tue Aug 06, 2013 4:55 pm

If she was born by Indian parents then the child will likely be Indian, the rules changed in 2004 but as the child was born before then s(he) will be prima facie Indian. She should be entitled to an Indian Passport.

The child is now an adult. S(he) should try and regularize his.her stay in the UK if possible.

n8net · Post by **n8net** » Wed Aug 07, 2013 11:16 am

Hi D4109125,

thanks for the reply..but can u expland a bit please..what u mean by regularise ? hw can she do it in the UK when she even do not hv a travel document?

thanks

Post by **Amber** » Wed Aug 07, 2013 11:24 am

Possibly some leave outside the rules or Article 8 consideration given the time she has spent in the UK. If she leaves the UK without at least trying to get legal stay she may find it difficult (very) to return. A detailed letter from the LEA should be enough to prove how long she has been in the UK.

Post by **ban.s** » Wed Aug 07, 2013 11:57 am

I am not sure if she can apply for indian passport given the whereabouts of her dad is unknown.

For birth outside india prior to 1992, indian citizenship by descent can be claimed only through the father. This was later changed to 'either parents'.

As the baby girl was born in the 1980s so i presume she may need some sort of identification documents from her father's side to apply for indian passport.

Post by **Amber** » Wed Aug 07, 2013 12:36 pm

ban.s wrote:I am not sure if she can apply for indian passport given the whereabouts of her dad is unknown.

For birth outside india prior to 1992, indian citizenship by descent can be claimed only through the father. This was later changed to 'either parents'.

As the baby girl was born in the 1980s so i presume she may need some sort of identification documents from her father's side to apply for indian passport.

Perhaps she has a Birth Certificate or can get one from the relevant authorities? Or perhaps the Mother has those documents?

Post by **vinny** » Wed Aug 07, 2013 12:39 pm

What were the French nationality laws at the time of her birth?

Post by **Amber** » Wed Aug 07, 2013 12:42 pm

I believe it's jus sanguinis and one of the parents would need to have been French though perhaps someone familiar with France can give their input. Otherwise, I think they have to have been there a considerable time, 13 years? And the parents register them.

n8net · Post by **n8net** » Wed Aug 07, 2013 4:00 pm

hello guys,

thanks for the reply...but can you plz give them in plain english I dnt seem to understand legal jargons like LEA,sangunis,prima etc...

the girl has a french birth certifcate and mother do not hv any...any1 recoomend good lawyers who hv handled a similar case before?

thanks.

Post by **Amber** » Wed Aug 07, 2013 5:24 pm

LEA = Local Education Authority. The rest means without actually looking in depth you can't be sure. However, if there is evidence that the Child's father was Indian then the child should be Indian, not stateless. Regarding French nationality that might be more difficult as neither parent was French (?) and the child does not appear to have registered. Legal advice is perhaps wise, an OISC registered adviser should be able to advise.

selva · Post by **selva** » Thu Aug 08, 2013 11:58 am

D4109125 wrote:LEA = Local Education Authority. The rest means without actually looking in depth you can't be sure. However, if there is evidence that the Child's father was Indian then the child should be Indian, not stateless. Regarding French nationality that might be more difficult as neither parent was French (?) and the child does not appear to have registered. Legal advice is perhaps wise, an OISC registered adviser should be able to advise.

I think, the best way to go about this will be first collect the evidences for her stay in the UK , contacting Local Education Authority or in anyother ways and then seek legal advice from OISC registered adviser, her case should not be that difficult as she has spent major part of her schooling here, get the status in the UK first

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Very Unique Case Never came across one like this before