Does this child qualify for Indefinite to Remain?

[Mata]

The child is 10 years. She was born in Kenya and hold a Kenyan passport. But she has been residing in the UK since 2008. She arrived in the UK in 2008, when she was five years old, under a six months' visitor visa, to visit her mother.

The child's mother is a British citizen. She has the sole parental responsibility of the child and the child lives with her in the same house in the UK. The father is believed to be a Kenyan, but he has never been in contact with the child or the mother. In Kenya, the child used to live with her grandparents. She has never seen or be in contact with her father.

After the expiration of her six months' visitor visa, the child became an overstayer and since then, her immigration status has not been regularized. The mother is considering regularizing the immigration status of her child. What is the best route should the child and mother take to regularize the child immigration status?

Can they regularize in country or the child has to go back in Kenya and apply to re-enter the UK? The child is currently in her last year of full-time primary education and she expects to start her secondary education next year. The mother argues that traveling to Kenya would be detrimental to the child's educational progress as she will miss out a lot. It may take up to three months to get ILR under family route in Kenya.

Is it possible to regularize status whilst in the UK? If so, under what immigration category should the child apply? Looking at ILR, although the mother is a British citizen, the child is already overstayer. Also, looking at FLR(O) (application for leave to remain in the UK in category not covered by other application forms), it appears to apply to those who are 18 and above?

What is the best approach to regularize the child's immigration status? The mother works full time (does not depend on public funds), though she gets child benefits and tax credits.

Thanks.

[vinny]

Perhaps.

[Mata]

Perhaps.

I have looked into that case, it appears that the children were born in the UK at times when their respective mothers were overstayers. This is slight different to the situation I provided above as the child was not born in the UK and is an overstayer.

However, the case provides a good insight on the possibility of child applying for ILR rather than limited leave to remain, bearing in mind that her mother is a British citizen.

[Amber]

If the child was born in the UK and has lived in the UK for their first 10 years they can apply for citizenship.

[akhan25]

I think this child does qualify as she prob was 5 when entered uk and now 10 so if u worked out exact date since she entered uk till she has lived here half life.

[Mata]

If the child was born in the UK and has lived in the UK for their first 10 years they can apply for citizenship.

Neither the child was not born in the UK nor has lived in the Uk for 10 years.

[Mata]

I think this child does qualify as she prob was 5 when entered uk and now 10 so if u worked out exact date since she entered uk till she has lived here half life.

But the child lived in the UK as an oversyater for that period.

[Amber]

I read

Perhaps.

I have looked into that case, it appears that the children were born in the UK at times when their respective mothers were overstayers. This is slight different to the situation I provided above as the child was not born in the UK and is an overstayer.

However, the case provides a good insight on the possibility of child applying for ILR rather than limited leave to remain, bearing in mind that her mother is a British citizen.

However, I have clicked that you were referring to Vinny's link. You said the child's Mother is a British Citizen, is this via naturalisation after the child was born?

If the child has lived in the UK half of her life (legal or otherwise) then that would not be grounds for FLR(O) as that provision relates to those over 18 I believe. The correct provision relates to a child in the UK for 7 years.

Anyway by the by, as the Mother is British, no contact with Father, has been here 5 years thus the child is clearly staying in the UK, therefore, the child should not need leave to remain and should instead apply to register as British on form MN1 via section 3(1) (if she is not already British or entitled to register as such). They would expect ILR but given the circumstances is not as important.

[vinny]

That's a good example of Lateral thinking.

Hopefully, it will work.

Do let us know what happens!