child born in the Uk

tracy · Post by **tracy** » Tue Mar 14, 2006 3:58 pm

hi everyone

Ive been in the Uk since 2001 as asylum seeker and had a kid who is now 3 years old and who is british citizen, im still asylum seeker and is there any way i can apply for indefinitive leave to remain through my kid because sh's british citizen

Thanks

Post by **John** » Tue Mar 14, 2006 10:11 pm

Tracy, are you saying that you applied for asylum in 2001 and you are still awaiting the result of your application?

If not, what was the result of your application? What is your immigration status at the moment?

Can you clarify please.

Kayalami · Post by **Kayalami** » Wed Mar 15, 2006 12:36 am

tracy wrote:hi everyone

Ive been in the Uk since 2001 as asylum seeker and had a kid who is now 3 years old and who is british citizen

If you are the mother then in what way has your child acquired BC given you have no settled status? If you are the father is the mother of the child British or otherwise settled?

tracy wrote:im still asylum seeker and is there any way i can apply for indefinitive leave to remain through my kid because sh's british citizen

In a nutshell no. However another answer could be 'not directly' - there are provisions in the rules for leave to remain/ enter to have access to your child which after a defined period can lead to ILR but your post is too short on detail e.g. are you married, are there any court issued arrangements etc. Go seek competent legal advise so that all relevant options can be explored unless you want to give the bb all relevant details to include your qualifications, work experience, age etc to consider employment related categories your marital status, your financial position etc.

tracy · Post by **tracy** » Wed Mar 15, 2006 11:02 am

thanks for replying to me. Im still waiting to hear from the home office, im not married but my partner is british and is the one who applied for the kid to hav a british passport.

Post by **JAJ** » Wed Mar 15, 2006 12:03 pm

tracy wrote:thanks for replying to me. Im still waiting to hear from the home office, im not married but my partner is british and is the one who applied for the kid to hav a british passport.

Has the child got a Certificate of Registration as a British citizen? (this is necessary in cases like your where the British father is not married to the mother).

tracy · Post by **tracy** » Wed Mar 15, 2006 12:47 pm

she hasnt got a certificat of registration only a british passport

tracy · Post by **tracy** » Wed Mar 15, 2006 12:55 pm

Where do i have to go to apply for that certificate?

Post by **John** » Wed Mar 15, 2006 1:01 pm

tracy wrote:I'm still waiting to hear from the home office

Have you not chased them at all? If not I certainly think you should ... to get clarity about your status.

tracy wrote:Where do i have to go to apply for that certificate?

It sounds like, based upon the father's British Citizenship, they have accepted that the child is indeed British, without needing to be Registered. No certificate needed.

tracy · Post by **tracy** » Wed Mar 15, 2006 1:13 pm

they replied me on april 2005 saying that if i want to remain in the UK i had to provide documents and i did sent back all the documents they asked but since i didnt hear from them

Post by **John** » Wed Mar 15, 2006 1:22 pm

Tracy, I think you are totally justified after nearly a year to chase them. Indeed I think your partner should write to your MP and explain how long you have been waiting for a decision, and get that MP to apply some gentle pressure to get the matter resolved.

tracy · Post by **tracy** » Wed Mar 15, 2006 1:27 pm

thanks for ur advice

Chess · Post by **Chess** » Wed Mar 15, 2006 1:48 pm

This is another anomaly in the rulres - how did your child manage to get a British passport when you are not married to the father?

Post by **JAJ** » Wed Mar 15, 2006 10:48 pm

John wrote:It sounds like, based upon the father's British Citizenship, they have accepted that the child is indeed British, without needing to be Registered. No certificate needed.

There is no legal basis to do that.

A UK-born child of an unmarried British father, where the mother is neither a British citizen or settled in the UK, *cannot* automatically acquire British citizenship at birth.

A Certificate of Registration is required, otherwise something here sounds seriously "not right"

Kayalami · Post by **Kayalami** » Fri Mar 17, 2006 9:59 pm

Tracy,

Simple question - are you the mother or the father of the child? You have avoided answering my prior query on this - without this info no one can really give a definitive answer. If speculation is what you want then you are a winner

.

Wanderer · Post by **Wanderer** » Fri Mar 17, 2006 10:41 pm

Kayalami wrote:Tracy,

Simple question - are you the mother or the father of the child? You have avoided answering my prior query on this - without this info no one can really give a definitive answer. If speculation is what you want then you are a winner .

Sounds like Tracy is the father to me, no mother would refer to her child as 'the kid'.

Spotter's badge, Kaya!

Steve

basis · Post by **basis** » Sun Mar 19, 2006 11:53 am

A completely unrelated post and query out of curiosity - i can see tracy' status as 'guest' in the 'Author' column. How is this possible ? Is it possible to log a message without becoming a member of the board ?

And of course there is no info like joined, posts and location.

the info for John looks

John
Moderator

Joined: 10 Nov 2004
Posts: 2684
Location: Birmingham, England

whereas for tracy it appears as

tracy
Guest

Post by **John** » Sun Mar 19, 2006 4:00 pm

Basis, that is being queried with Administrator of this Board. It does not look right to me.

Post by **John** » Mon Mar 20, 2006 1:08 pm

Basis, the technical answer is this!

Someone registers as a member of this Board, then they post message(s), then they delete their membership.

Rather than deleting messages they posted when they were still a member, the Board instead shows that they were made as a Guest.

Clearly no possibility of that "Guest" posting again, unless and until they register again.

basis · Post by **basis** » Mon Mar 20, 2006 2:05 pm

So the OP cannot post now unless registered again. Thanks John for the clarification.

basis · Post by **basis** » Mon Mar 20, 2006 2:13 pm

By the way I can see the testing made by technical team here for the guest post.

http://www.immigrationboards.com/viewtopic.php?t=14

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child born in the Uk

child born in the Uk