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.
State/Country relating to question: United Kingdom
Tried to get him Irish citizenship but the process is too lengthy.
HiThanks 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 UK2. Are you British by birth (ie. not be descent or naturalisation)?3. Is she simply being taken to court for rent arrears4. Does she wish to remain in the UK5. Why do you refer to Irish CitizenshipKind regards.Tom
1. It's happening in Luton, Uk2. 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.
HiThanks 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. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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
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 bstTom
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.
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?
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'
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).