What route do i have as options for me and my kids.

I have a rather complicated situation and I am finding no one can really give me sound advise .
Basic details about applicants .
Me and two kids. We are originally from South Africa

I am illegal in this country since 2014 – Had an extremely abusive husband who tore my documents and passport and I could not leave
Had my baby here in 2014 too.
She is 6 years old, born here

My son is 16 years old on his father’s visa as his father is married to an EU citizen however their relationship broke off and she left the country
My sons south African passport is expired and the EEA visa expired in June last year .
We have applied for his unabridged birth certificate from South African and got that but because of this lockdown everything is on hold.

I need to know what options do I have please and would appreciate any guidance and assistance I can get .

Kind Regards

Unkown1234 wrote: ↑

Thu Apr 16, 2020 12:48 pm

I need to know what options do I have please and would appreciate any guidance and assistance I can get .

Kind Regards

Better to return back home. For this purpose you might get assistance:

https://www.gov.uk/return-home-voluntarily

We cant do that ,my daughter is born here and i cant register her as a south african without her fathers permission and signatures

Unkown1234 wrote: ↑

Fri Apr 17, 2020 7:34 am

We cant do that ,my daughter is born here and i cant register her as a south african without her fathers permission and signatures

You need to seek a legal advice. If your daughter was born here in the UK? Is the father not British citizen or settled when she was born?

If your abusive husband tore all your important documents, did you report this incident to the police? Have you tried to properly legalised your stay in the UK?

Unkown1234 wrote: ↑

Fri Apr 17, 2020 7:34 am

We cant do that ,my daughter is born here and i cant register her as a south african without her fathers permission and signatures

Many countries have similar procedure of registering births but also have the alternatives where these still can be registered in the absence of one partner. Also remember that UKVI can deport an overstayer with several years of ban to reenter.

seagul wrote: ↑

Fri Apr 17, 2020 9:21 am

Unkown1234 wrote: ↑

Fri Apr 17, 2020 7:34 am

We cant do that ,my daughter is born here and i cant register her as a south african without her fathers permission and signatures

Many countries have similar procedure of registering births but also have the alternatives where these still can be registered in the absence of one partner. Also remember that UKVI can deport an overstayer with several years of ban to reenter.

it is not possible to register a child as South African without both parents consent if both parents are named on the birth certificate.

CR001 wrote: ↑

Fri Apr 17, 2020 9:54 am

seagul wrote: ↑

Fri Apr 17, 2020 9:21 am

Unkown1234 wrote: ↑

Fri Apr 17, 2020 7:34 am

We cant do that ,my daughter is born here and i cant register her as a south african without her fathers permission and signatures

Many countries have similar procedure of registering births but also have the alternatives where these still can be registered in the absence of one partner. Also remember that UKVI can deport an overstayer with several years of ban to reenter.

it is not possible to register a child as South African without both parents consent if both parents are named on the birth certificate.

Then maybe south africa in world only has such exception but most countries do have alternative.
But that would not give any basis to stay in UK.

seagul wrote: ↑

Fri Apr 17, 2020 10:20 am

CR001 wrote: ↑

Fri Apr 17, 2020 9:54 am

seagul wrote: ↑

Fri Apr 17, 2020 9:21 am

Unkown1234 wrote: ↑

Fri Apr 17, 2020 7:34 am

We cant do that ,my daughter is born here and i cant register her as a south african without her fathers permission and signatures

Many countries have similar procedure of registering births but also have the alternatives where these still can be registered in the absence of one partner. Also remember that UKVI can deport an overstayer with several years of ban to reenter.

it is not possible to register a child as South African without both parents consent if both parents are named on the birth certificate.

Then maybe south africa in world only has such exception but most countries do have alternative.
But that would not give any basis to stay in UK.

South Africa has a lot of child abductions and child trafficking issues, so they are strict.

@CR001, if both the child's parents are South African, and the child can't be registered as a British citizen, will that make the child stateless?

To the OP; if both parents of the child do not have any citizenship other than South African, and the father is unwilling to register the child as a South African citizen, the child may be stateless.

As the child was born in the UK and has lived in the UK for the past five years(presumably), they can be registered as a British citizen using Form S3. Read Guide S from Page 5 onwards for more information about the requirements.

As for the 16 year old son, his right to reside in the UK may depend on how long the father's relationship with the EEA citizen lasted, what was the kind of relationship between the father and the EEA citizen(were they married or just in a relationship akin to marriage), and whether the EEA citizen divorced the father before leaving the UK or not.

When did you and your son arrive in the UK? How long has your son resided in the UK legally?

As for you, do you stay with the father? What was the original basis of your arrival in the UK? Were you married to the father when you arrived in the UK?