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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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what will be the legal status of a child born in uk with unmarried

Customer Question

what will be the legal status of a child born in uk with unmarried failed asylum mother? Child Father has got legal status. He is due to apply for indefinite leave to remain on Dec 2010 and will be eligible to apply for British passport in 12 months time. Will this have any positive effect on the status of the child? Can she obtain legal status from father who is unmarried with the mother at the time of born?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your question.

Yes, if the child was named on the birth certificate then the child will be eligible to apply as a dependent of the father, whatever visa he is presently on. If the father is not named on the Birth Certificate then you could carry out a paternity test to prove this.

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom
Customer: replied 4 years ago.
So can the father apply as dependent? But I think you need to supply mothers details as well to home office and when they found mother is failed asylum then they would not process the application. I am afraid that in case father as well might get trouble with home office.

But yes there is father details in birth certificate. But mother is illegal immigrant as I told you failed asylum seeker.

How is it possible to apply as dependent visa for child. Is there any provision for that? They might need to prove the relationship between the father and the mother??

Please help
Expert:  Thomas replied 4 years ago.

Sorry, I mispelt above.

 

The child can apply as a dependent of the father assuming the father is named on the birth certificate. After 5 years in the UK the child will be eligible for ILR. They will still process the application regardless of the failed status of the mother provided you can prove that the child is wholly dependent on the father.

 

The fact that the mother has failed status should not have too much of an influence on the application because the father has Article 8 (Right to family and private life) under European Convention on Human Rights.

 

I hope this clarifies, if so please kindly click accept

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
So while applying as dependent don't you have to submit the married certificate of parent? And don't you need to show the legal status of both father and mother? I have heard that the status of the child will be decided on the basis of the status of mother?? Is that true? if not what is the provision on which child with unmarried parent can get the father's legal status?
Expert:  Thomas replied 4 years ago.

Hi,

 

No, you need to submit the birth certificate to prove that the child is the child of the father.

 

What you say about the status of the child being decided on the status of the mother used to be true but is no longer the case.

 

The provision in your last question is that the child can apply as a dependent of the father if the the father is named on the birth certificate.

 

I hope this clarifies, please click accept.

 

Tom

Customer: replied 4 years ago.
What you say about the status of the child being decided on the status of the mother used to be true but is no longer the case.

If so since when this is the case then?
Expert:  Thomas replied 4 years ago.

I do not know the exact date but has been the way stated above by me for at least a couple of years.

 

Please click accept.

 

Tom

Customer: replied 4 years ago.

One relevant issue - Once the child's father gains ILR, and then apply dependent for child, will it mean that the child would also get ILR straightway?
Would be the situation change dramatically if the child's father has British Passport?
I want to have conclusive opinion on these please.
And,
Taking further, can failed asylum seeker mother marry child's father who has ILR or British Passport and get dependent status in the UK?

Thank you very much for your cooperation.





Expert:  Thomas replied 4 years ago.

Right.

 

The child would not get ILR straight away, an application would have to be made for visa on his behalf as a dependent. He could then apply for ILR after 5 years..

 

If the father had a British passport the child then the child would obviously be born to a UK citizen and would therefore be a UK national.

 

The mother can marry the father but would need a certificate of approval first and then would have to make an application for a spouses visa as a dependent.

 

I've answered your original question, click accept. I will be happy to continue answering your follow up questions.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.

Thank you very much.

Still unclear as to one point - the child's father would gain British Passport in around, say, Jan 2012. The child, discussed above, born on Jan 2010.
In such case, can the child gain ILR or British Citizenship straightway on applying dependent (after gaining British Passport) by father, on say, Feb 2012?

Thank you very much for your help.

Kind regards
Expert:  Thomas replied 4 years ago.

With respect, I'd ask you to click accept and then I will answer your final query.

 

Tom

Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you

I look forward to hearing from you as promised.
Customer: replied 4 years ago.
Hello
I am still waiting to hear from you as promised.
Thank you for your help.
Expert:  Thomas replied 4 years ago.
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