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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I have a friend who is an Assuie (austrailian) living in the

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I have a friend who is an Assuie (austrailian) living in the UK (united Kingdom) illegally she has a child bron in the UK and he is 3 years old. Unfortunately she was not married at the time of the childs birth and the her Man died in the UK an is buried there.She is seeking and Passpor/ visa for the US however she would proabably settle for the UK. I am pretty sure that she left Austrilia on a Rushed Visa from that country to the UK now from what I understand the boy has this mans last name and a birth ceertificate in the UK. They have been there illegally for 3 years or since the child was born. Her Man was German and she says that he was a British Citizen. She says she doesn't have a criminal record and is living friends for which one works for the department of imigration in Britiain. I have some question
1 What will it take to make her and the boy a legal resident in Britain ($$$)
2 What will it take to make her and the boy a legal resident in United States ($$$)
3 What will it take to make her and the boy a legal resident in a Commonwelth Country and then bring her either US or the UK ($$$)
4 Seeking a reasonable cost in making this legal on all 3 question
5 Is deportations involved if so how long I am thinking about the child
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : It appears as though her man was a dual British citizen and German national.
Awan-Legal : UK law permits dual nationality but you would need to check with the German authorities or a German lawyer whether dual citizenship is allowed in Germany (as I am a UK solicitor and can only deal with English law).
Awan-Legal : Bear with me as I am just drafting an answer to your question so will come back to you shortly with n nswer.
Awan-Legal : If her child is European, then she can remain in the UK on this basis:
Awan-Legal : I am a non-EEA parent or primary carer of an EEA national self-sufficient child - can I apply to remain in the UK? Close Following the ruling by the European Court of Justice (ECJ) in the case of Chen (ECJ C-200/02) the parent(s) or primary carer of an EEA national child is entitled to reside in a Member State with a self-sufficient EEA national child solely to facilitate the child in exercising their Treaty rights. The child must have comprehensive sickness insurance and be self-sufficient. This means that they must not rely on funds earned by a non-EEA national parent(s) or primary carer in the UK, unless this comes from legal employment or self-employment (if the parent(s) or primary carer is in the UK on a work permit).  In cases where the non-EEA national parents or primary carer wishes to reside in the UK on the basis of their relationship with an EEA national self-sufficient child, then they can apply for leave to remain under paragraph 257C of the Immigration Rules. The leave granted does not allow the parents or primary carer, the right to work in the UK and does not lead to permanent residence or indefinite leave to remain. Applications made on this basis are free of charge and should be submitted on an EEA2 form.  
Awan-Legal : The form can be found here:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea21.pdf
Awan-Legal : Alternatively, if her child is a British citizen then she can apply for regularisation of her status (leave to remain in the UK) on the basis of the child's human rights by relying on the case below, although this may not be very strong until her son is in education:
Awan-Legal : (as the UKBA may state he is young enough to adapt to life abroad although it can be argued he has right to education in the uK as a British citizen)
Awan-Legal : In ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 (1 February 2011) the Supreme Court turned its mind to whether (and when) it would be permissible to remove a non-citizen parent of a British child from the UK; and also, more broadly, the weight to be given to the best interests of children who are affected by a decision to remove one or both of their parents from the UK.
Awan-Legal : I would suggest going to a solicitor to assist with the application as these types of cases can be complicated.
Awan-Legal : I cannot answer you questions on US law or commonwealth countries as I deal with UK law but by having residence in these countries would not lead to any rights to remain in the UK on this basis.
Awan-Legal : If she is removed from the UK, she can return at any time depending on the circumstances but may be banned for between 1 to 10 years unless she is coming back to the UK to join family. Her best route would be to make one of the applications whilst she is still in the UK.
Awan-Legal : Please click accept on my answer.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Awan-Legal
Awan-Legal
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Specialist in immigration law with the highest level of accreditation in this area and with many years experience.