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Baby born in UK

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dolores
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Joined: Tue Dec 26, 2006 8:47 pm

Baby born in UK

Post by dolores » Tue Dec 26, 2006 9:11 pm

I am enquiring about the sittuation of a friend of mine. She came in Uk with a student visa in 2001. However her husband has been in here for over 7 years though literally he is an illegal given that his asylum claim has failed. They have a child that was born in here in 2004. Is there any chance that the birth of the baby in UK can help her husband to legalise his stay in Uk somehow?

JAJ
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Australia

Re: Baby born in UK

Post by JAJ » Thu Dec 28, 2006 12:14 am

dolores wrote: Is there any chance that the birth of the baby in UK can help her husband to legalise his stay in Uk somehow?
The child is not a British citizen so I cannot see how this will help anytime soon.

The only circumstance in which it might do so (before the child is 7) is for some reason the child is not a citizen of either parent's country and you can prove this.

dolores
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Joined: Tue Dec 26, 2006 8:47 pm

Post by dolores » Thu Dec 28, 2006 8:19 pm

Thanks a lot for your reply. The main reason that I was asking was that I was having a look at British nationality law from Wikipedia and I did find that under the law in effect from 1 January 1983 if the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and its parents is irrelevant.
However this does not tell everything, it would be better for my friend and her husband to speak to an immigration lawyer in order for them to understand what are their options or a better way that i personally think should be for him to return back home and get a visa as her dependent given that she holds a student visa. Although the trouble is that now the embassy has implemented fingerprinting system that would make it more difficult for him to get the visa.

JAJ
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Joined: Sun Oct 23, 2005 8:29 pm
Australia

Post by JAJ » Fri Dec 29, 2006 12:29 am

dolores wrote:Thanks a lot for your reply. The main reason that I was asking was that I was having a look at British nationality law from Wikipedia and I did find that under the law in effect from 1 January 1983 if the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and its parents is irrelevant.
All that is true - it's in section 1(4) of the British Nationality Act - but you say the child was born in 2004. Its 10th birthday in 2014 is a long way off as yet.

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