child citizenship entitlement

[MIRRORMAN]

Hi
I am a male British citizen (not by descent) with a wife (usa)..My daughter was however born in the USA.
We returned to the UK in 2010 when my child was 6 months old, But only on a visitors visa ,one thing lead to another and we could no longer able to return to our home in the USA.
I need some advise on her entitlement to a British passport she is now 7 years 2 months old.
What is the best route for me to go down as my wife is still under immigration restrictions and is currently under the appeal process.
Thank you

[CR001]

If you are UK born, i.e. British otherwise than by descent, then your child is automatically British and can apply directly for a passport.

What is the detailed particulars of your wife's application and UK immigration history etc?

What visa did or does she hold and what is she appealing?

Did your wife enter the UK as a visitor and just stayed??

[MIRRORMAN]

Hi
Wow you guys reply fast...
My wife came in with me on a visitors visa...But we stayed/she is now a over stayer.I applied for a ILR /spouse visa Which was rejected because my child had not been in the country 7 years she has now been here 6 y 7 months.. That is confusing . Why would my childs status affect my wifes application
We are appealing under the right to family life..
We do not have a lawyer. Would having a lawyer speed up the appeal?,or can a lawyer find out where our case is at?

[Wanderer]

I'd imagine you'll end up having to apply from USA for your wife, may as well get it over with and do it now.

The alternative is years of UKVI on your backs and a 10 year route (I think) to ILR for her. Do you meet the financial criteria?

[CR001]

ILR and spouse visa are not the same thing.

If she applied on form FLR(M), this is a spouse visa, valid for 2.5 years.

If she applied on form Set(M), this is ILR, usually ONLY possible after 5 years residence.

If she applied on FLR(FP) PARTNER route, this is a 10 year route as Wanderer has advised.

If she applied on FLR(FP) PARENT route, she has little chance of winning in appeal as this route is ONLY for single parents, not couples.

Why did she not return and apply for a spouse visa in the proper way?

This overstay will have long lasting effects on her UK Immigration journey.

I hope for her sake she has not been working or utilising the NHS for free for all these years.

There are a few US citizens (and other nationalities) posting on the forum currently facing deportation for the exact same reason, came as a visitor and just stayed.

[MIRRORMAN]

Yes I easily meet the financials...Going back is the quickest way I agree, but the trouble is she has no family to go back to so that's why we are suffering this long route, I can't separate my little girl from her mom ..the damage that would cause to her.

[Wanderer]

Was the birth performed under the NHS?

[CR001]

Was the birth performed under the NHS?

Child was born in the US.

[Wanderer]

Was the birth performed under the NHS?

Child was born in the US.

I just got up!