Student visa overstay, 2 children born in UK, options?

[JonathanC]

Hi

My first post.

My query is regarding a daughter of a close friend of mine.

The daughter:

Came to UK on a 3 year student visa from Thailand in 1995.
Is still in UK, having overstayed, has not left UK since arriving in 1995.
Has two children both born in UK, 2004 and 2006, both same father, both living in UK
Both children full time at school
Has never married and is not living with the father of the two children
Failed to apply in time under the 14 year rule
Working in a cafe
Apart from overstaying has lived lawfully
Holds Thai passport

Please can someone comment on her options. 20 year LR leading to ILR ten years hence seems a long time, and what might the consequences of applying for LR be? Children currently 13yo and 11yo, what is their status?

Many thanks for any help.

[ouflak1]

Apart from overstaying (and working illegally), has lived lawfully

You missed a key critical detail which could even jeopardize a LR 20 years application, so I updated your quote.

20 year LR leading to ILR ten years hence seems a long time,

The idea was to very heavily dissuade illegal immigrants from even considering the possiblity that they could simply stay illegally long enough in the United Kingdom and eventually get permanent residence (and even citiizenship), and to persuade to find some means to become legal.

Please can someone comment on her options...? Children currently 13yo and 11yo, what is their status?

The children have a lifetime right to register as British citizens that they will maintain even if they leave the UK. They currently don't actually have a 'status' pers se, but they are not illegally present either. As for her, it depends on what she wants to do. Normally I would advise that she simply return back to Thailand. Despite some hiccups, the country is relatively stable and life is not bad at all there. If she wants to remain in the UK, *shrug* maybe attempt the 20 LR application and hope for DLR instead. The illegal working is a big problem.

Maybe someone else can suggest a way she can navigate the 20 year application despite the illegal working (can that be ignored for that type of application?). It's not a very common application that we see here as it is difficult to qualify for and many immigrants have likely sorted things out before it comes to that point anyway.

[JonathanC]

Thank you for your reply. Thank you also for the correction regarding illegal working, I attempted to edit my original post, but I guess that is time constrained. I do not condone what she has done / is doing, I strongly advised her to go back to Thailand when she graduated in 1998 and her student visa ran out. I guess now having 2 adolescent children complicates choices for her.

I would welcome any more responses, positive or negative.

[eoo10]

The children should apply for British citizenship on Form T immediately as they are both over the age of 10. The parent can later make application as parent of British children.

[Obie]

The children should apply for British citizenship on Form T immediately as they are both over the age of 10. The parent can later make application as parent of British children.

That seem like a good advice.

Furthermore as children has lived here for 7 years and she is a single parent, she may also be able to regularise herself under the Parent Route even before the grant of Form T.

[JonathanC]

Thanks Obie. Can you please explain the phrase ‘Parent Route’?

[eoo10]

Thanks Obie. Can you please explain the phrase ‘Parent Route’?

Complete for FLR FP and focus more on parent 10 years route

[vinny]

The children should apply for British citizenship on Form T immediately as they are both over the age of 10. The parent can later make application as parent of British children.

Agree.

Children born in the UK, who are not British, are not illegal entrants because they have not entered unlawfully (35-50). If they have not applied for leave to enter/remain in the UK, then they are not overstayers nor in breach of immigration laws or conditions of leave because they do not have any conditions to breach; in principle, therefore, they may remain in the UK indefinitely!
...
Applicants aged 10 or over are subject to the Good Character requirements.

Hopefully, they won't fall foul of the Good Character requirements.

[Obie]

Thanks Obie. Can you please explain the phrase ‘Parent Route’?

A person who has sole responsibility or who a child normally lives with , can qualify if the child has lived in the UK for a period of 7 years continuously, provided the person is not in a relationship with the father of the child.

[vinny]

See also Seven years children British non-British.

[JonathanC]

See also Seven years children British non-British.

Thanks vinny, lots of useful information there.