7-year child further leave to remain

[shazi-uk]

Hi,
I'm asking this on behalf my friend, please clarify following points.

Under 7 year rules, "seven years continuous residence AND whether it would be reasonable for the child to leave the UK", parents can apply for leave to remain.

Does this rule applied for parents of British children?
Do they also have to live for 7-years in the UK and is there any minimum age requirements for them?

Thanks in advance,
Shaz

[makky86]

Hi,
I'm asking this on behalf my friend, please clarify following points.

Under 7 year rules, "seven years continuous residence AND whether it would be reasonable for the child to leave the UK", parents can apply for leave to remain.

Does this rule applied for parents of British children?
Do they also have to live for 7-years in the UK and is there any minimum age requirements for them?

Thanks in advance,
Shaz

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

[shazi-uk]

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

Nope, that's not true, a child can become British citizen on his/her own rights.

In this case, the child already has British passport, so my question was:

Under 7 year rules, "seven years continuous residence AND whether it would be reasonable for the child to leave the UK", parents can apply for leave to remain.

Does this rule applies on parents of British children?
Do they also have to live for 7-years in the UK and is there any minimum age requirements for them?

Thanks

[makky86]

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

Nope, that's not true, a child can become British citizen on his/her own rights.

In this case, the child already has British passport, so my question was:

Under 7 year rules, "seven years continuous residence AND whether it would be reasonable for the child to leave the UK", parents can apply for leave to remain.

Does this rule applies on parents of British children?
Do they also have to live for 7-years in the UK and is there any minimum age requirements for them?

Thanks

What is parents current immigration status? Their full immigration history

[shazi-uk]

Parents are on DL
but even parents are illegal, child born in the UK can become British citizen, parents immigration status is irrelevant.

[Obie]

Please op you need to desist from opening multiple thread with similar topic, that is not appropriate. You have to stick to your original thread.

[vinny]

See also British child.

[makky86]

Parents are on DL
but even parents are illegal, child born in the UK can become British citizen, parents immigration status is irrelevant.

You are not answering the questiion you're being asked rather being bit rude. May be you read the question because it was asked for the parents? If we don't know their status and history how can someone help you mate?

[shazi-uk]

Please op you need to desist from opening multiple thread with similar topic, that is not appropriate. You have to stick to your original thread.

Sincere apologies but I was not aware.

[shazi-uk]

See also British child.

Thanks vinny for clear response, so the circumstances envisaged could cover amongst others:

criminality falling below the thresholds set out in paragraph 398 of the Immigration
Rules;

a very poor immigration history, such as where the person has repeatedly and
deliberately breached the Immigration Rule.

[shazi-uk]

Dear makky86, I wasn't being rude or anything I was just replying to your previous comments.

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

"...can only..." that's not true at all.

A child born in the UK can become British citizen on his/her own rights. In that case, parents immigration history or status is not relevant.

Thanks

[makky86]

Dear makky86, I wasn't being rude or anything I was just replying to your previous comments.

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

"...can only..." that's not true at all.

A child born in the UK can become British citizen on his/her own rights. In that case, parents immigration history or status is not relevant.

Thanks

Is your question related to the parents of the child or not ? If not then what exactly your question is ?

[CMOSUK]

Dear makky86, I wasn't being rude or anything I was just replying to your previous comments.

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

"...can only..." that's not true at all.

A child born in the UK can become British citizen on his/her own rights. In that case, parents immigration history or status is not relevant.

Thanks

I disagree, Actually parents immigration is cause for consideration in respect to the child becoming a British citizen. Unless the 1 parent had ILR or was a BC then the child would BC by birth.

Although the child was born here, the parents are still not settled, in terms of what settled is, my understanding is they would need to have ILR in order for them to be considered settled (This is debatable as to what settled can mean depending on circumstances).

Or have become BC since the birth of the child then the child could be registered as BC using form MN1

It would also seem that if the parents are not of settled status or have BC then the child would need to apply when they reached the age of 10 years or older in the uk with no more 90 days of absences per 10 years since birth.


Have a read in this link click here.

It would also seem if a child that was born in the UK but is stateless they may also register for BC after 5 years since birth, but this may prove difficult as it may be seen as deliberately not registering thr child for this purpose. Also remember a statless child does entitle the child to BC automatically.
I'll need to find the link for that

Please note these aren't immigration rules but rather citizenship laws/rules that apply to everyone if you will that are a complete set of laws and rules in their own right. In my opinion what laws and rules apply for the purposes immigration does not mean it may apply to the rest of UK legislation/laws that everyone that is a BC or has settled status has to follow.

Clarification would be needed. Thanks. This is my understanding and opinion.

[shazi-uk]

Dear CMOSUK,

Thanks for the analogy.
that was my point, yes children (UK born) can become BC regardless of parents immigration history under
5 Year stateless (MK Case) and 10 year continuous residence (Form-T) rules.

Thanks

[CMOSUK]

Dear makky86, I wasn't being rude or anything I was just replying to your previous comments.

The child can only be UK citizen if one of the parents has UK ILR/PR or UK citizensihp.

"...can only..." that's not true at all.

A child born in the UK can become British citizen on his/her own rights. In that case, parents immigration history or status is not relevant.

Thanks

I disagree, Actually parents immigration is cause for consideration in respect to the child becoming a British citizen. Unless the 1 parent had ILR or was a BC then the child would BC by birth.

Although the child was born here, the parents are still not settled, in terms of what settled is, my understanding is they would need to have ILR in order for them to be considered settled (This is debatable as to what settled can mean depending on circumstances).

Or have become BC since the birth of the child then the child could be registered as BC using form MN1

It would also seem that if the parents are not of settled status or have BC then the child would need to apply when they reached the age of 10 years or older in the uk with no more 90 days of absences per 10 years since birth.


Have a read in this link click here.

It would also seem if a child that was born in the UK but is stateless they may also register for BC after 5 years since birth, but this may prove difficult as it may be seen as deliberately not registering thr child for this purpose. Also remember a statless child does not entitle the child to BC automatically.
I'll need to find the link for that

Please note these aren't immigration rules but rather citizenship laws/rules that apply to everyone if you will that are a complete set of laws and rules in their own right. In my opinion what laws and rules apply for the purposes immigration does not mean it may apply to the rest of UK legislation/laws that everyone that is a BC or has settled status has to follow.

Clarification would be needed. Thanks. This is my understanding and opinion.

Typo error. Highlightee where appropriate.

[shazi-uk]

Please can anyone explain the following in details.

Save in cases involving criminality it will not be possible to take a decision in relation
to the parent of a British citizen child where the effect of that decision would be to force the
British citizen child to leave the EU – this is consistent with the ECJ judgement in Zambrano.


The current Home Office policy is that in non-deportation cases (deportation after a criminal conviction), it is never reasonable to expect British children to leave the UK.