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student visa/ 1 yr child giving BC to parents!

Posted: Tue Feb 17, 2015 1:38 pm
by Mauser1905
This is nothing to do with me, came to know of this development of a known family.

The husband and wife were on some college visas, students, however they are basically working and that's it. Now their visas are coming to end this April.

They have been advised by their immi solicitor that they can renew their student visa after they part with £10k. and their 1 year old child will give them citizenship after 5 years. child is Indian I believe. Couple has another toddler back in India and have not been to home to see child for like 4 or 5 years.

As far as I understand children born in the UK with parents (non EEA passport holders) without ILR/PR can not claim to British citizenship.

Honestly I can see the solicitor/agent is taking these people for a ride, but hope is such a virtue of human being that blinds them to bitter facts. to be honest the whole scheme looks dodgy to me!

Or has the immigration law changed which makes this true?

regards

Re: student visa/ 1 yr child giving BC to parents!

Posted: Tue Feb 17, 2015 2:05 pm
by akhurshid
If a child spends considerable time(8 years I believe) in UK, then he/she can obtain BC. Or that was the case up until last few years anyway. I don't have much knowledge of that I just read it somewhere few years ago.

Re: student visa/ 1 yr child giving BC to parents!

Posted: Tue Feb 17, 2015 4:56 pm
by waiz89k
What I have heard of is If u have a child born in UK and has spent 7 years in the country after child's birth then u can apply to stay in the country on the basis of child being born in UK and 7 years old. I am not sure that it is a human right thing or else.

anyone has a knowledge of this, ur comments will be much appreciated.

Re: student visa/ 1 yr child giving BC to parents!

Posted: Tue Feb 17, 2015 5:34 pm
by Mauser1905
Thanks people,

I haven't come across the 7 or 8 year rules as you say. My understanding was for a child even if born in the UK citizenship can not be gained unless one of the parents was of British citizen.

In this case the parents who are on student visas are expecting to derive British citizenship from their child.

regards

Re: student visa/ 1 yr child giving BC to parents!

Posted: Tue Feb 17, 2015 6:26 pm
by akhurshid
Mauser1905 wrote:Thanks people,

I haven't come across the 7 or 8 year rules as you say. My understanding was for a child even if born in the UK citizenship can not be gained unless one of the parents was of British citizen.

In this case the parents who are on student visas are expecting to derive British citizenship from their child.

regards
You are talking about registering a child as British citizen but we are talking more like on human grounds. It is still possible but you need to look around or ask the lawyer about it. I think period is actually 7 not 8 as I mentioned before as I couldn't recall the exact number.

Re: student visa/ 1 yr child giving BC to parents!

Posted: Wed Feb 18, 2015 12:25 am
by vinny
As far as I know, parents cannot be granted British citizenship from their child.

A UK born (non-UK) child may be entitled to British citizenship under limited conditions.

Re: student visa/ 1 yr child giving BC to parents!

Posted: Wed Feb 18, 2015 12:38 am
by vinny

Re: student visa/ 1 yr child giving BC to parents!

Posted: Wed Feb 18, 2015 5:55 pm
by Mauser1905
Thanks everybody. something new learnt today.

regards