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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I split up a while ago from my sons mother who is a Tanzanian

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I split up a while ago from my sons mother who is a Tanzanian national and visa overstayer who has been here since 1998. We did not have so much money to get legal support to help her here and the burden of the situation did not help to our splitting up.
The landlord is taking her to court in three weeks and I am aware the British authorites will not help her in any way as she is not a British citizen. I am very worried for my sons position as he takes his mothers citizenship, effectively, even though I am a British citizen born in Hertfordshire.
Is there any way I can get emergency custody of him or do anything without lengthy form filling and countersigning and refereeing that can resolve this within the three week limit of the court appearence?
I dont want him to be deported or put at risk of being put in care. I am a loving dad who tried his best to give him a good start to life.
Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Is this all happening in the UK
2. Are you British by birth (ie. not be descent or naturalisation)?
3. Is she simply being taken to court for rent arrears
4. Does she wish to remain in the UK
5. Why do you refer to Irish Citizenship
Kind regards.

Tom
Customer: replied 4 years ago.
1. It's happening in Luton, Uk
2. I have dual nationality although I only hold a Irish passport. But I was born and bred in Uk.
3.The court action is only for rent arrears. She can not get legal aid and an not get access to UK benefits. I supply food and clothes and bills paid.
4. She would live to remain in Uk.
5.I have Irish citizenship through my mother.
Hi

Thanks for your reply.

Just because she is being sued in county court this does not mean that she will be deported. The UKBA are the immigration authority for the UK, not the county court. The County Court does not have the power to deport here. Suing for rent arrears is a simple civil action.

The UKBA will only take action to deport her if they catch up with her. This is not that likely to happen as a result of the civil case because they won’t check her immigration status.

If you are a UK citizen by birth (ie. not be descent) and you child was born in the UK then the child will be eligible for UK citizenship. You and the mother can make an application on behalf of the child for the child passport.

If the UKBA did catch up with her and issue removal directions then you could defend on the basis that you are a UK citizen and wish to be involved in the upbringing of the child.

She could make an application for leave to remain on the basis that you wish to be involved with the upbringing of the child. They type of evidence that would be required to successful would be a residence order in her favour and a contact order in your favour or possibly a separation agreement between you both confirming she has residence and you have contact. You would need a solicitor to apply for these for you and then to apply for leave to remain on this basis.



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Kind regards,


Tom
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Customer: replied 4 years ago.
I have just been on the phone to her and it's rent arrears and eviction that the landlord is seeking. The problem is that they will not be put up by the local authorities as they're not British citizens
Hi,

Well, yes. If she does not have Indefinite Leave to Remain then she's not entitled to benefits so they won't find her a place to live.

She should contact a women's shelter, or perhaps move in with you temporarily.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 4 years ago.
I am in a new relationship and am going to be married. I have a room for my son to live with me. Can I get custody of him as I have recourse to look after him better than his mum. The welfare of his mothers is not really my priority. I would just like to give him the best start to life. She came to my place before to wreck the place as she was angry with my new relationship do I would be reluctant to have her here. Do I have a good shout at gaining custody of him?
I will answer at 9 bst

Tom
Hi,

In order to get residence of the child you would have to commence an action for a residence order under the Childrens Act 1989. It's not a quick process I'm afraid so if you are minded to commence an action I would do so as a matter or urgency.

Whether you are sucessful depends on a large number of factors and it would be folly of me to give you an indicate of success at this point. You need to instruct a solicitor directly to do that, but having a place for your son to live when the mother does not is a reasonable place to start from.

Tom
Customer: replied 4 years ago.
I have hit a stumbling block as I am aware a law exists that children born in Uk or anywhere to a father who is a British but not married to the mother can not get British citizenship automatically. Is this true?
No, that's not true.

If you are named as father on the birth certificate and your are british by birth then the child is entitled to UK citizenship.

Tom
Customer: replied 4 years ago.
It's much more complicated than you suggest. I have to register him first then apply for a passport. I only have three weeks left before their eviction. I guess I also can not apply for custody when is status is 'stateless'
Hi,

Children's Act proceedings are separate to deportation. The welfare of the child is the primary concern and you can issue an application even if the child is not yet registered as a UK citizens.

If you wish to go for residency then you need to see a local solicitor to instruct them directly.

Tom

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