CHILD AND MARRIAGE QUERIES, BOLIVIA TO UK

dbrum · Post by **dbrum** » Fri Mar 23, 2007 11:17 am

Hi All.. New to the forum so excuse the strange questions...

First scenario I'm looking to clear up:

Young boy - 3 years old - He was born in the UK and has lived here ever since with his Bolivian mother, father not present but Bolivian, who does not have legal papers to stay. What options/ rights etc does he have if any? Can he become a citizen? Can he get healthcare and schooling? And less likely, can his mother claim benefits to help her with his maintenance?

Second scenario:

If a UK citizen marries a non legal resident (sorry if you don't call them residents, not familiar with the terminology) - what issues raise and what options are available? Can they marry in the UK? Can he become legal through marriage?

Finally thanks to all on the site, just come across it today and hoping to find lots of answers.

sakura · Post by **sakura** » Fri Mar 23, 2007 12:01 pm

Do you mean his mother is in the UK without legal papers? Need to clarify because I'm not sure if I understood properly- is it the boy's mother or father (or both) that is illegal?

Is his mother here legally? What is she currently doing? A bit more information about their background (when came to UK, if legal/illegal). If she is here illegally she cannot claim any benefits for him. I'm not sure what the case will be if she is on a visa (e.g. WP). If neither of his parents are 'settled' (i.e. permanent residents) then he cannot become British immediately. I think there is a case for a child born in the UK and living here for over 7 years to register as British, but, since he's 3, he is not yet entitled. He can register for school and but I am not sure about health, it's a tricky one.

In terms of marrying in the UK- you will only be able to marry in a church (CoE I think) without having to request a Certificate of Approval (CoA). In the UK, migrants from outside the EU/EEA need to apply for this CoA to get married, even if to a UK/EU/EEA citizen. So, if this person is illegal, they can only marry in a church... CoAs from illegal migrants (who, I think, are from a 'safe' country) will normally be refused.

However, if you want to become legal after marriage, the only option I can think of would be to leave the UK and apply for entry clearance/spouse visa from your home country (Bolivia?). This is because you cannot apply in the UK if you do not have a valid visa/legal status (or at least you can, but it probably won't be successful). Search this board in the "immigration for family members" section for successful case studies.

dbrum · Post by **dbrum** » Fri Mar 23, 2007 12:10 pm

Thanks for you reply! Yes the child's mother does not have legal papers. She is working as a cleaner and he stays home with his uncle and aunt until his mother comes home and they go to work, also as cleaners.

Interesting I asked them what they need to do to become legal, not knowing much about it and wanting to see what they had done, and they said pay money. Apparently there is somebody that accepts some largish sum of money to get them legal papers. I can't ascertain if this is a con of sorts, whether the person has legal connections/ qualifications that he is using to get these people to pay but I believe the money is in the thousands. I can only assume the end result is above board but I'm not sure of the methods at all.

I need to research immigration from Bolivia for example and what is required to become legal in the UK.

Post by **John** » Fri Mar 23, 2007 12:23 pm

If a UK citizen marries a non legal resident

If this marriage happens, would the marriage be real, or just a marriage of convenience?

I ask this question simply because of the way the questions have been phrased in the opening post. Normally I would have expected .... my girlfriend is Bolivian and is an overstayer .... or something like that .... but here it is worded very differently.

dbrum · Post by **dbrum** » Fri Mar 23, 2007 12:28 pm

Sorry John. It's not me. I've lived here 29 years, born and bred brummie, for what it is or isn't worth.

I'm led to believe the marriage would be real as the people asking me the question, as apparently a citizen i should know all the answers !, were just acquaintances of the non legal person and so had no reason or gave no reason suggesting it was convenience.

Sorry about the phrasing of the questions if it's misleading, for example I've never heard of the phrase overstayer though i can appreciate it's meaning. Correct me where I'm wrong and ask me to clarify where needed..

thanks again.

sakura · Post by **sakura** » Fri Mar 23, 2007 12:35 pm

John's right...

Can he become legal through marriage?

I'm not sure what the situation is now...so are you with his mother...who is planning on doing the marrying? Is it the father is going to marry someone??

You don't pay money to some connection and then get 'legal' papers...it's likely to be 'fake' papers...How long has the mother been in the UK?

dbrum · Post by **dbrum** » Fri Mar 23, 2007 12:42 pm

Ok... i'll say this.. I am not with the mother, I have no idea who is planning to do the marrying except I know it's not the mother, it is an acquaintance of her family. I am not related to anybody from Bolivia or anybody illegally residing here.

I agree with the paying money to some connection, that totally looks shifty to me. I believe they have been here 3 years, or I assume she has as I'm told the kid was born here 3 years ago.

However, I barely know these people but it's a whole subject I don't know a lot about and thought i'd learn a bit about and perhaps help people I meet such as these to become legal or at least understand what they should be doing.

sakura · Post by **sakura** » Fri Mar 23, 2007 12:52 pm

Ahh..okay, so I guess we can't torture you for more information

The main point is that she can't apply for any assistance (like child benefits) because of her status, but I think that would be a given (since most migrants aren't entitled to 'benefits' or whatever, legal or not).

If she/he is genuinely wanting to get married, that will change his/her status, but it will have to be a watertight application. This board (IMHO) doesn't advocate anything illegal, so she/he should get married with the right reasons in mind.

The good thing is that the child can register as British after 7 years in the UK and can go to school, etc as usual...just don't know about the parents!

dbrum · Post by **dbrum** » Fri Mar 23, 2007 12:59 pm

Thanks! It's a shame for the lad but that's what these people are "driven to" or motivated to do apparently in search of a better life. I've met albanians in similar situation before, though they were legal but just struggling to find enough work.. don't we all though?! Similar with Africans, one i know in particular who is still not legal after 4 years of appealing to the home office, being turned down, being told to wait, being to he can appeal, being told to wait.. etc etc. He can't legally work here so he's stuck in colleges or having his brother who is legal handle his business...

Post by **JAJ** » Sat Mar 24, 2007 1:08 am

sakura wrote: The good thing is that the child can register as British after 7 years in the UK and can go to school, etc as usual...just don't know about the parents!

Child can't be registered as British until age 10, under the nationality laws, unless a parent gets ILR sooner.

Once child turns 7, Home Office may be more reluctant to consider deportation but that's different to the nationality laws.

sakura · Post by **sakura** » Sat Mar 24, 2007 11:46 am

Jaj,

My bad- thanks for the clarification, I thought I read somewhere that it was 7 years.

Well..then it's 10 years.

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CHILD AND MARRIAGE QUERIES, BOLIVIA TO UK

CHILD AND MARRIAGE QUERIES, BOLIVIA TO UK