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Thomas, Solicitor
Category: UK Immigration Law
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I am concerned about a child that was born in england and stayed

Resolved Question:

I am concerned about a child that was born in england and stayed there for 6 years and then her parents who were on a political stay decided to move back to their home country. As now the child is above 18 and her father expired 4 years ago she wants to come back to the country she was born in. i want to know the procedure and the chances as she has all her birth proofs and other documentation to support her stay?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

 

What nationality are the parents?


Do they have any British ancestry?

Tom

Customer: replied 3 years ago.

The parents have an indian nationality though her grand parents also came to england in 1986 as visitors and went back in their required time period. As her father died 4 years ago and her mother is not employeed she has relatives and friends in england who can support her living there as she really wants to return to her birth country.

Expert:  Thomas replied 3 years ago.

Thanks.


What is her date of birth please.

Tom

Customer: replied 3 years ago.
Her date of birth is 5/12/1991 and she came to india in march 1998.
Customer: replied 3 years ago.
Im still waiting for an satisfied answer !
Expert:  Thomas replied 3 years ago.

 


Tom

Expert:  Thomas replied 3 years ago.

Hi,

 

I'm afraid that the rules with regard to person born in the UK changed on 1st January 1983. Because of this, chlidren born in the UK are not necessarily entlted to UK citizenship.


The child was not born to any parents with UK citizenship and therefore does not qualify in this way, or by viritue of having the required 10 years in the UK.

 

I am very sorry but the reality is that she has no more right to come to the UK than any other Indian citizen.

 

Her options are therefore limited to applying for a skilled workers visa for which she would require an offer of a job and sponsorship from a UK company, she would also have to meet the points based criteria (including having a degree).

 

Alternatively, she could apply for a student visa if she had the requisite points.

 

Sorry it could not be better news.

 

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

 

Kind regards,


Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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