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Children Registration as British
Posted: Sun Feb 08, 2015 7:56 am
by jafferdeen
Dear All
My aunt is British national and living in the UK.Her husband has ILR .She has 2 children born in the UK and other 2 born out side UK in the Pakistan.She has ILR at the time when 2 children were born in Pakistan and she was living in Pakistan.Then she came back to UK and had 2 more children who were born in the UK and holding British nationality.
The 2 children who were born out side UK came to UK on a visit visa in 2008 and they are in UK for more than 7 years.One is 12 years old and other one is 14 years old.
what is best visa for them?
can she directly apply for them to register as British ??
Regards
Re: Children Registration as British
Posted: Sun Feb 08, 2015 1:44 pm
by milan69
Best way is to have them have ILR, enter UL and apply from here.
Re: Children Registration as British
Posted: Mon Feb 09, 2015 10:44 am
by jafferdeen
As they are overstayed for 7 years will they apply for ILR inside UK?
what is UL?
Re: Children Registration as British
Posted: Mon Feb 09, 2015 10:59 am
by milan69
I believe you should rephrase the question as what you are looking is the answer to how to get legal residential status for two children who have overstayed for the last 7 years.
Unfortunately I don't have the answer to that.
The only thing that comes to my mind is for them to leave UK and get ILR in Pakistan, but I am not sure about that.
Re: Children Registration as British
Posted: Mon Feb 09, 2015 11:05 am
by milan69
By searching the internet I found that a possible solution for your aunt is to apply for "
Discretionary Leave"
A good discretionary leave application will seek to argue a person’s circumstances and backgrounds such as their age, length of residence in the UK, strength of connections within the UK, personal history including character, conduct and employment record, domestic circumstances, previous criminal record and nature of any offence for which a person has been convicted, compassionate circumstances and any representations received on the person’s behalf. The Home Office will consider whether the person has ties back in their native country of origin or the country where they would have to go to if returned, and also if this would affect any children of the family.
Where an overstayer/illegal entrant has established a family life in the UK and they have a partner or children, then it will also be possible to argue that discretionary leave to remain is granted as it is in the ‘best interests of the child’. A general legal principal is that where a child has been in the UK for more than 7 years, then the Home Office could consider that removing that child (along with their family members) would be against the best interests of the child. This is because the child will have integrated into British society; would be involved in full-time study with a routine and his/her peers/relatives in the UK and it would therefore be deeply unfair to penalise the child by removing him/her with their the parents due to the parent’s decisions which resulted in the child having no lawful status in the UK.
Re: Children Registration as British
Posted: Mon Feb 09, 2015 1:30 pm
by fwd079