baby born in uk

Ok my brother was born in uk he is now 6months old. but parents dont have british citizenship, and baby cant be dependent on moms visa, because he needs to go back to our country and get a citizenship and passport from our country even though he was born here. why is this, cause as i said before parents been here for 7yrs, on student visa. why does the government make it so hard, while asylums get in easy.

hypegal3 wrote:Ok my brother was born in uk he is now 6months old. but parents dont have british citizenship, and baby cant be dependent on moms visa, because he needs to go back to our country and get a citizenship and passport from our country even though he was born here. why is this, cause as i said before parents been here for 7yrs, on student visa. why does the government make it so hard, while asylums get in easy.

Because student visa is NOT a visa leading to settlement. The UK gov will allow people to settle after 10 years legal stay but it seems a lot of people are abusing this route, taking course after course to get ILR. Immigration is a big issue at the moment quite liable to be the BIg Issue at the next election so Chairman Blair is closing the doors as fast as he can by raising the costs and using any issue to deny ILR, haven't we seen this here?

Let's face it, 7 years on a student visa is pushing it a bit, what are they studying?

they were doing diploma, foundation degrees, degrees, NVQs and me GCSE, ALevels and cant get into uni.

hypegal3 wrote:they were doing diploma, foundation degrees, degrees,

With all these degrees, can they not find work-permit eligible employment?

they have already got NI number so i dont know about WP.

If your mother is a bone fide student, where did she find the time to have a child? Don't you think the Home Office would be suspicious of a full-time student visa holder having a child in the UK?

I find it quite offensive that you obviously think yourselves above asylum seekers. Asylum seekers are distressed individuals who are fleeing persecution. Sure, there are a few who pretend to be asylum seekers in order to immigrate here, but there are many many more who are genuinely in need of protection in the UK. In fact many genuine asylum seekers are sent back to their deaths in Zimbabwe, Iraq, Darfur, etc every year by this government.

why does the government make it so hard, while asylums get in easy.

This is a case of the pot calling the kettle black. In the same sentence you complain about the government being tough on your family (who, let's face it, have outstayed their welcome on student visas) and then you basically accuse asylum seekers of trying to do the very same thing that you and your family are trying to do....desperately stay in the UK.

hypegal3, maybe you meant "illegal immigrants" instead of asylum (seekers)?

Dawie wrote:

If your mother is a bone fide student, where did she find the time to have a child? Don't you think the Home Office would be suspicious of a full-time student visa holder having a child in the UK?

I doubt this should be an issue. I know a couple of students who have had babies in the course of their studies and have continued with their studies successfully. Why should a student be different. Their basic human needs are still there whilst studying anyway?

Where do they find the time to have a child? I guess they go to bed at night (lol) Remember students are nocturnal beings so the night is fully utilised in such circumstances.

I was wondering how can they manage themselves by working 20 hrs a week during term and taking care of a expanding family.

The income generate would be far too low, unless they are working more than 20hrs illegally.

EDIT: according to one of your earlier post, your father is doing business while on a student visa, is it allowed?

jes2jes wrote:Dawie wrote:

If your mother is a bone fide student, where did she find the time to have a child? Don't you think the Home Office would be suspicious of a full-time student visa holder having a child in the UK?

I doubt this should be an issue. I know a couple of students who have had babies in the course of their studies and have continued with their studies successfully. Why should a student be different. Their basic human needs are still there whilst studying anyway?

Where do they find the time to have a child? I guess they go to bed at night (lol) Remember students are nocturnal beings so the night is fully utilised in such circumstances.

Let's not even pretend that having a baby while studying full-time is normal. I cannot see how you can have a baby and still fulfil the legal obligations of your student visa, which is to attend your classes. The two are not compatible.

Additionally another condition of a student visa is that you have to have intent to return to your country after your studies are complete. Again, having a baby in the UK goes against that condition. I'm sure a lot of students have had babies in the UK with the mistaken notion that having a baby here will somehow entitle them to stay, which is of course totally incorrect.

Another condition is that you have to have enough funds to support yourself and any dependents without working. Of course you can work the 20 hours a week, but this provision is not supposed to be the only means of support that you have. Having a baby in the UK certainly doesn't help your case when trying to prove this to the Home Office upon renewal of your student visa.

Dawie wrote:

jes2jes wrote:Dawie wrote:

If your mother is a bone fide student, where did she find the time to have a child? Don't you think the Home Office would be suspicious of a full-time student visa holder having a child in the UK?

I doubt this should be an issue. I know a couple of students who have had babies in the course of their studies and have continued with their studies successfully. Why should a student be different. Their basic human needs are still there whilst studying anyway?

Where do they find the time to have a child? I guess they go to bed at night (lol) Remember students are nocturnal beings so the night is fully utilised in such circumstances.

Let's not even pretend that having a baby while studying full-time is normal. I cannot see how you can have a baby and still fulfil the legal obligations of your student visa, which is to attend your classes. The two are not compatible.

Additionally another condition of a student visa is that you have to have intent to return to your country after your studies are complete. Again, having a baby in the UK goes against that condition. I'm sure a lot of students have had babies in the UK with the mistaken notion that having a baby here will somehow entitle them to stay, which is of course totally incorrect.

Another condition is that you have to have enough funds to support yourself and any dependents without working. Of course you can work the 20 hours a week, but this provision is not supposed to be the only means of support that you have. Having a baby in the UK certainly doesn't help your case when trying to prove this to the Home Office upon renewal of your student visa.

What do you say to a student who falls sick or gets involve in a car accident? They would still not be fulfilling their conditions of the student visa. Having a baby is part of life and being a student should not stop a person from fulfilling their fundamental basic human need and right. There is no law in the Immigration Rules that prevent this and it would never be. All a student I believe who gives birth in the course of their study is to prove with medical records and GP references to prove this fact in order to continue with their visa conditions.

Supporting themselves on 20 hour work/week is not feasible but you are forgetting that most students who are 'married' and having babies have dependents who are allowed to work full time therefore offsetting this phenomenon of the 20-hour per week limitation.

This is not something to argue and I do not believe that people would just have children because they want 'a stay' in this country. There are a lot of factors that would cause a person to have a child whilst in school. Think of a PHD student and his wife both in this country and age is not on the side of the wife. Would you say because of the visa status they should not have a child? I think not. I am aware people would abuse the system (which they always do anyway) but that does not mean they should not have kids during the course of their studies. Good example for you. My big brother was here a couple of years ago studying for his PhD. In the course of his studies they had a baby. After the course had ended, they migrated back to the home country without thinking of 'settling' here based on the child born here. There are countless number of people I know who have had kids here and have gone back after their studies. It is part of nature and part of life Dawie. Hope you appreciate this.

jes2jes,

The OP's parents that Dawie is talking about....both are on separate student visas, so actually both are only allowed to work a maximum of 20 hours during term-time. If you search through the OP's other posts, you'll find that her dad came as a student first, then her mum applied for her own student visa. The OP is actually her mother's dependent working full-time, but since she's still a kid (well, 18 now), let's assume she's only just started working and doesn't contribute to the household income (yet).

So, two full-time international students, 2 kids...40hrs full time work, if you aggregate.

And, jes2jes, maybe not in the case of the OP, but certainly lots of people do have children in the UK assuming that means they are automatically British Citizens...maybe not the same thing, but even some asylum seekers have (had) babies almost as soon as they arrive thinking that would help their case...check the Lords Hansard, column 1321 (2000) for info on this.

sakura wrote:jes2jes,

The OP's parents that Dawie is talking about....both are on separate student visas, so actually both are only allowed to work a maximum of 20 hours during term-time. If you search through the OP's other posts, you'll find that her dad came as a student first, then her mum applied for her own student visa. The OP is actually her mother's dependent working full-time, but since she's still a kid (well, 18 now), let's assume she's only just started working and doesn't contribute to the household income (yet).

So, two full-time international students, 2 kids...40hrs full time work, if you aggregate.

I was thinking along same lines, my gf's 20hrs a week would just about cover her uni fees, and her uni is a very cheap one.

The OP's parents must either be very rich, have supportive parents or supportive someones. It's just not possible to survive otherwise.

sakura wrote: And, jes2jes, maybe not in the case of the OP, but certainly lots of people do have children in the UK assuming that means they are automatically British Citizens...maybe not the same thing, but even some asylum seekers have (had) babies almost as soon as they arrive thinking that would help their case...check the Lords Hansard, column 1321 (2000) for info on this.

Which is the reason that the law was changed back in 1981.

JAJ wrote:

sakura wrote: And, jes2jes, maybe not in the case of the OP, but certainly lots of people do have children in the UK assuming that means they are automatically British Citizens...maybe not the same thing, but even some asylum seekers have (had) babies almost as soon as they arrive thinking that would help their case...check the Lords Hansard, column 1321 (2000) for info on this.

Which is the reason that the law was changed back in 1981.

I guess it was 1983

olisun wrote:

JAJ wrote:

sakura wrote: And, jes2jes, maybe not in the case of the OP, but certainly lots of people do have children in the UK assuming that means they are automatically British Citizens...maybe not the same thing, but even some asylum seekers have (had) babies almost as soon as they arrive thinking that would help their case...check the Lords Hansard, column 1321 (2000) for info on this.

Which is the reason that the law was changed back in 1981.

I guess it was 1983

The Act was 1981; the change was effected as of 1 January 1983.

If your parents are bonafide students & have acquired the qualifications you say they have, they should be able to find employment which would attract a WP. Rather than worry about your baby brother, you should be concerned about your own future & if your parents are unable to afford overseas university fees for you, you should consider going back to your own country to continue your education. In terms of career prospects, A levels won`t get you very far (unless your dream job is stacking shelves in Tescos)..