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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My daughter is an overstayer, she is Jamaican. Her visa ran

Resolved Question:

My daughter is an overstayer, she is Jamaican. Her visa ran out 2007 she has been here since 2002. I am British, I was unable to prove that she is my daughter so.I was unable to spy for indefinite leave to remain when I did. What application can I make for her to get legal residency?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further details first.How old is your daughter and have you had a DNA test?Were you born in the Uk?
Customer: replied 1 year ago.

She is 17, no I did not have a DNA test, I got the errors on her birth certificate corrected. I was born in Jamaica. I was in the royal navy, we got leave to remain. I applied for indefinite after I left, I could not get her a new valid passport or any documents to apply for her indefinite.

Expert:  Clare replied 1 year ago.
So you are now named on her Birth Certificate?
Customer: replied 1 year ago.

Yes I am ...the birth certificate is now corrected to reflect my real name. The confusion was...I had a child at age 14 and I was registered with a deedpoll name I never used which caused the problem of me not being able to prove that I am the name person on the birth certificate. The deedpoll paper had incorrect entries on it which I did not realise until it was too late to make application for indefinite.

Expert:  Clare replied 1 year ago.
Are you British by descent?
Customer: replied 1 year ago.

No I applied for British citizen, im neutralized

Customer: replied 1 year ago.

Any advice?

Expert:  Clare replied 1 year ago.
When did you do that?
Customer: replied 1 year ago.

About 4 months ago. Had indefinate leave to remain for about 5 years

Expert:  Clare replied 1 year ago.
Where does the child's mother live?
Customer: replied 1 year ago.

I live in the UK... We both live in the UK. She lives with me.

Customer: replied 1 year ago.

I would like a refund for the fee pay, my situation is too complicated for your advice. Thanks

Expert:  Clare replied 1 year ago.
HI
I am not sure whether you are referring to your daughter or her mother - I understand that your daughter lives with you but what about her mother?
Customer: replied 1 year ago.

I am the mother...I clearly stated my daughter overstayed in the country and that is why I need advice in regards

Expert:  Clare replied 1 year ago.
I am so sorry - it was a very wrong assumption of mine please accept my apologies - However I now need to know here her father lives
Customer: replied 1 year ago.

He lives in Jamaica...she has no other relatives in Jamaica

Expert:  Clare replied 1 year ago.
Is there any way she could leave the country discreetly at this stage?
Customer: replied 1 year ago.

No. ..I don't want her to leave..she has nowhere to go

Expert:  Clare replied 1 year ago.
I understand that and meant for a short period of time
Customer: replied 1 year ago.

No she cannot leave

Expert:  Clare replied 1 year ago.
When did she last see her father?
Customer: replied 1 year ago.

Never seen her dad

Expert:  Clare replied 1 year ago.
OK- Is he on the birth certificate and how many months to her 18th Birthday?
Customer: replied 1 year ago.

Yes he is on her birth certificate. She was born May 1998.

Expert:  Clare replied 1 year ago.
That is a shame.Had he not been named at all then the fact that she is an overstayer would not have been as great a problem since the other parent would not have been an issue.As things stand you can -indeed you must - make an application for her to settle in the Uk and you must do this as soon as possible - and in any event before her birth dayhttps://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/yes/some-other-way/child-under-18-and-children-who-have-turned-18-since-first-applyingThe fact that she has broken immigration law COULD be a reason for refusal - but it is not mandatory for a refusal to be given and the special circumstances can be considered and your account does give an explanation - and your service record is also helpfulThe form you need is herehttps://www.gov.uk/government/publications/application-to-settle-in-the-uk-as-a-child-under-18-form-setfSpend some time going through it - and remember to also prepare a clear chronology and statement setting out your daughter's history acknowledging and apologising for the immigration breach and making it plain that she has no alternative options for her care I hope that this is of some assistanceClare
Customer: replied 1 year ago.

I do not qualify I do get child benefit and tax credits for my other children.

Expert:  Clare replied 1 year ago.
But you have already been supporting her and will continue to do so - so you can make the application
Clare and other Immigration Law Specialists are ready to help you

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