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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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If a child is born in UK and his or her age is 8 years and

Resolved Question:

if a child is born in UK and his or her age is 8 years and neither of his/her parent is British Citizen and one of them is dead how will the other parent apply for British citizen
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.
HiThanks for your patience. What visa does the child have?What is the immigration status of both parents (including deceased moher)?Kind regards Tom
Customer: replied 1 year ago.
my daughter was born here and both parent have over stayed and have been here over 12 years
Expert:  Thomas replied 1 year ago.
Hi,
You mean that you have overstayed for 12 years, correct?
Tom
Customer: replied 1 year ago.
yes thats right? i just want to know if i can apply for indefinite leave to remain
Expert:  Thomas replied 1 year ago.
Hi,Thanks for your question. If a child is born in the UK with no legal right to be in the UK and remains there for a period of 7 years continuously from birth, then they are generally regarded as having become socially/emotionally/educationally adjusted to the uk.This means that it would generally be against the child’s human rights to effectively require them to leave the UK by deporting their parents. Therefore, in such circumstance and application can be made in respect of the child’s human rights for leave to remain in the UK. At the same time an application can be made by the parents on the basis of the child. Generally, both child and parent will receive discretionary leave to remain.However, the application is a very complicated one and although the facts appear to be favourable to forming the basis of an application, you should only make an application if you can instruct a solicitor. This is because you want the application to be in the very best shape when you make it and do not want to prejudice any future application you might choose to make. Please do remember to leave feedback. If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
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