Overstayer mother

[tchotcho]

Hello. Got a problem.How can my friend regularise a stay. She has been in the uk for over 10 years,came as a student,then overstay.
She has a 5 years old child with an English/British man.
They are not in a relationship,he does pay child maintenance and sees the child.
But he refuses to register the child as a british citizen or help with the passport.
I think the child is british but how can she have the passport without is help.
Dad is on birth certificate.
The reason he doesn't want to help,He believes the child was conceived as a way to stay in uk.

[peppekalle]

Tell your friend to seek help from an immigration lawyer.She may get DLR.

[Mr Rusty]

If the child was born in the UK and the father named on the birth certificate is British, then the child is automatically British - you don't have to do anything to 'register' this, it is simply a fact which can be recognised from the birth certificate. The possession or lack of a passport doesn't make anyone more or less British, a passport is only required for travel abroad. If you are actually needing to apply for a passport read this page, particularly the heading 'Who needs to sign the form'.

http://www.direct.gov.uk/en/TravelAndTr ... /DG_174107

As already posted, the mother should consult an immigration solicitor/OISC-registered advisor to see whether there is any application she can make.

[tchotcho]

Thank you for the fast reply.
The problem is lawyer always seem to be asking for the dad help.
One asks for the dad passport or for the dad support.
The dad would never contact immigration against my friend but He said if she was ever in trouble he would have the child.But he would never support her claim.
And IPS also want a passport,my friend is illegal so how can she do.
Also do you think she could be deported if application failed.

[tchotcho]

Good evening.
In fact I would really like to know if my friend can one day get any visa.
I am providing for them at the moment,house,food ...And also I care for them I really struggle.
It is so hard for me,I really want to know if one she will be abble to provide for herself. Thanks for any help

[peppekalle]

Tell your friend to seek legal help.If she does not like her present lawyer tell her to find another one.

She needs to get legal help asap.She might qualify for legal aid.The lawyer will advice her on how to get status.

Tell your friend when UKBA find someone with no status they try and remove them within 3 days.If she has no lawyer who will cancel the removal flight if UKBA find her?It is a nightmare to find legal representation within 72 hours whilst in detention.

[Mr Rusty]

Thank you for the fast reply.
The problem is lawyer always seem to be asking for the dad help.
One asks for the dad passport or for the dad support.
.

I take your point - some proof that the father is British may be required to support the child's claim to be British. If the father was born in the UK before 1983, he must be British (almost without exception), so I would have thought that any solicitor with even minimum ability ought to be able to work out that getting a copy the father's birth record should be sufficient. If the father was born abroad or after 1/1/83 it's a bit more difficult, but solving things like that is what you pay solicitors for.

The mother must have had a passport when she came to the UK, she should either renew it or apply for a new one at her embassy/high commission.

[tchotcho]

Good evening.
I heard of the Zambrano case,could my friend benefit from it.Thanks.

[sarahassy]

Good evening.
I heard of the Zambrano case,could my friend benefit from it.Thanks.

can u read some of my posts,may be u can get asolution as iam overstayer mum with a British child,and the HO has approved my Zambrano application and given me COA;so i can work in th uk.In this application u don't have to get any thing from the Dad's child but u have tell him to kindly get a child a passport which is an essentionl requirment in the application.

[sedor21]

Good evening.
I heard of the Zambrano case,could my friend benefit from it.Thanks.

can u read some of my posts,may be u can get asolution as iam overstayer mum with a British child,and the HO has approved my Zambrano application and given me COA;so i can work in th uk.In this application u don't have to get any thing from the Dad's child but u have tell him to kindly get a child a passport which is an essentionl requirment in the application.

Sarahassy pls can u tell me what are document you use in submiting ur zambrano application and the timeline pls and which form .

[tchotcho]

Good afternoon. And Thank you for your reply.
I asked the dad myself but got a big NO.
So we will have to find a way to get that passport.I guess when the child is 10 It should be easier. Thanks again