- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Oops! Then I suggest she sit tight and wait. Once she gets the DL based on DP5/96, she can always register the child as British before s/he turns 18.lancoalase wrote:Twin wrote:My view is that she should apply for a British passport for her eldest as he only has 2 more years left.
Thanks Twin, But the eldest child does not qualify for british passport because he came over here at age 5 and was not born over here.
So, that means, the eldest child who is going to be 16 and named in the application can still be use as an avenue, if HO want to argue that, technically that the british born child who is going to be 10 has right of abode. Finger cross. thanks for takinftime to anwer my question and still open to others who has one or two to contribute.Not necessarily so. I think a child who was brought to the UK and has now spent 7 years or more here has as much right to remain as a child born here.
lancoalase wrote:So, that means, the eldest child who is going to be 16 and named in the application can still be use as an avenue, if HO want to argue that, technically that the british born child who is going to be 10 has right of abode. Finger cross. thanks for taking time to answer my question and still open to others who has one or two to contribute.Not necessarily so. I think a child who was brought to the UK and has now spent 7 years or more here has as much right to remain as a child born here.
As per the boldened, I think that is what makes this application so strong. The first child hasn't only lived here for 7 years but 11! Had he been born here, I would have given you almost 100% guarantee that the application would succeed as a British child who has spent 10 years of their life in this country should not be constructively removed.lancoalase wrote:So, that means, the eldest child who is going to be 16 and named in the application can still be use as an avenue, if HO want to argue that, technically that the british born child who is going to be 10 has right of abode. Finger cross. thanks for takinftime to anwer my question and still open to others who has one or two to contribute.Not necessarily so. I think a child who was brought to the UK and has now spent 7 years or more here has as much right to remain as a child born here.
If you are referring to the older child, that is wrong advice. Older child could normally only be registered as British if child gets ILR and mother is also becoming naturalised British at the same time.Twin wrote: Oops! Then I suggest she sit tight and wait. Once she gets the DL based on DP5/96, she can always register the child as British before s/he turns 18.
I am concerned that you are giving wrong advice based on your opinion over a complex area of law and policy, rather than the facts.My opinion is that if she registers the child now, the home office could always say she could return home and her child could take up his or her right of abode once he/she turns 18.
My statement was made before I realised that the older child was born outside the UK. I think I corrected myself once I realised that it is in fact the second child who was born here.If you are referring to the older child, that is wrong advice. Older child could normally only be registered as British if child gets ILR and mother is also becoming naturalised British at the same time.
Older child is probably going to need to be naturalised in due course.
correct. [/quote]If you are referring to the older child, that is wrong advice. Older child could normally only be registered as British if child gets ILR and mother is also becoming naturalised British at the same time.
Older child is probably going to need to be naturalised in due course.
With the greatest of respect, I would caution against using this as a basis to advise others.Twin wrote: My advise was based on personal experience and advise I have received from legal practitioners in the immigration field.
If HO is wrong and these solicitors are also wrong, do you care to give us your advise, then?JAJ wrote:With the greatest of respect, I would caution against using this as a basis to advise others.Twin wrote: My advise was based on personal experience and advise I have received from legal practitioners in the immigration field.
Your personal experience may not have been in accordance with the letter of the law and policy. And many immigration advisers, except those in the top tier of the profession, are often wrong.
Once again:Twin wrote: If HO is wrong and these solicitors are also wrong, do you care to give us your advise, then?
You've got me wrong totally! Of course a child should be registered as being British once entitled but in this particular case and giving my own personal experience as a yardstick having being in a very similar situation, I have advised that the registration could be put on hold just so the applicant can totally benefit from the child concession.JAJ wrote:Once again:Twin wrote: If HO is wrong and these solicitors are also wrong, do you care to give us your advise, then?
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
Nothing in that document supports your assertion that a child should not be registered as a British citizen under Form T once eligible.
Why not give us some verifiable evidence otherwise, such as a reference to the HO website?
http://www.coramchambers.co.uk/Sarah%20 ... _paper.htmJAJ wrote:Does anyone know where the actual text of the DP 5/96 policy can be found?
Twin wrote:http://www.coramchambers.co.uk/Sarah%20 ... _paper.htmJAJ wrote:Does anyone know where the actual text of the DP 5/96 policy can be found?
I think this supercedes DP5/96.
I have put up my reasons for thinking it's best for a child not to be registered before the outcome of a child concession application.JAJ wrote:Twin wrote:http://www.coramchambers.co.uk/Sarah%20 ... _paper.htmJAJ wrote:Does anyone know where the actual text of the DP 5/96 policy can be found?
I think this supercedes DP5/96.
No evidence there to suggest that child acquiring British citizenship would lead to family finding it harder to remain.
Are you now suggesting that, it will be ok for her to go ahead and register the second child has a british citizen using form T. And this would not have any negative impact on the mother pending 7 year concession application? Please can anyone clarify this for me. The lady is worried. Many thanksI do not believe your advice (not to register the child under Form T) is correct.
Realistically I doubt if anyone on an online forum knows for sure if it would be a help or a hindrance. You'll get opinions but nothing more.lancoalase wrote:Are you now suggesting that, it will be ok for her to go ahead and register the second child has a british citizen using form T. And this would not have any negative impact on the mother pending 7 year concession application? Please can anyone clarify this for me. The lady is worried. Many thanksI do not believe your advice (not to register the child under Form T) is correct.