Potential Fraudulent Immigration Application

[mrkoma2012]

My son and his mother were supposed to visit me in the UK for 3months.They are both Namibian nationals, hence can visit the UK for upto 6months.

However, my son's mother became adamant and wanted to remain in the UK at any cost. I made it clear that i won't be assisting her in any desperate plan to remain in the UK.

Two weeks before her departure date, she left my residence with her belongings and the child. A few days later she returned pleading that i let her stay, i vehemently refused her pleas.

The next course of action was a surprise call from the police stating that i was involved in a case of common assault. I was arrested and later released with a decision by the police of NFA ( no further action).

Presently, both are with social services as she is unable to sustain her stay in the UK.I strongly believe that she is using every possible means to remain in the UK.

Key points to note:

She was deported 5yrs ago for breaching conditions of her visa.
The child wasn't born in the UK
We are not married, engaged, lived together for a period of her 2yrs nor been in any serious relationship.
I never assaulted her and there was a witness in the house. Also, she returned to my house an hour after i got arrested insisting that my door is broken down as to get the child's birth certificate . This document is needed to register him in school, claim benefits,etc.

Now, i am trying to get access to my son and she says she can't tell me where they are.

What are my options and how do i inform the home office of a desperate and potential immigration application ?

[Obie]

What is the nationality of the child.

[mrkoma2012]

The child was born in Namibia. The father is British, but doesn't have custody of the child

[Obie]

It does not matter where the child was born. What is his nationality? Better still, was he birn before you obtained British Citizenship.

[mrkoma2012]

He is Namibia citizen

[Obie]

That does not preclude the child from being British.

Again, were you a British on the day the child was born, and is your name on his birth certificate.

[mrkoma2012]

I was British before he was given birth to and my name is on the birth certificate

[vinny]

What was his date of birth?

[Obie]

Then your child is a British Citizen also, assuming of course you obtained your citizenship by naturalisation or Birth, and he was born after july 2006.

The mother did not need to report you to the police to be able to stay here.

It is unfortunate that she took the wrong course.

She could have made a perfectly lawful application.

You are reminded that a passport does not confer citizenship, it merely confirm that right which existed after a particular event. This could be birth, naturalisation or regustration.

[mrkoma2012]

15/10/2008

[Obie]

Your son is a British Citizen.

Well you can come to a compromise.

Allow them to stay, she gives you unrestricted access to your son, and you apply for your sons passport, which will facilitate any residency application she may wish to make, and as a condition, she retract the false allegation against you.

That way, everyone is a winner.

At present, she cannot claim any benefit without your express support, in applying for confirmation of your sons nationality.

[mrkoma2012]

I got my British citizenship by descent i.e through my mother. Does this apply to the child was(naturalisation).

[Amber]

I got my British citizenship by descent i.e through my mother. Does this apply to the child was(naturalisation).

Were you born in the UK or abroad?

[mrkoma2012]

I was born abroad

[Obie]

Well if it was through descent, then your child cannot be British.

[mrkoma2012]

Your son is a British Citizen.

Well you can come to a compromise.

Allow them to stay, she gives you unrestricted access to your son, and you apply for your sons passport, which will facilitate any residency application she may wish to make, and as a condition, she retract the false allegation against you.

That way, everyone is a winner.

At present, she cannot claim any benefit without your express support, in applying for confirmation of your sons nationality.

In simple terms, are you implying that for them remaining in the UKdepends on me conferring British nationality to my son??.

[mrkoma2012]

Well if it was through descent, then your child cannot be British.

What about the false common assault case.Can this be used in making any application?Remember, we are not married, engaged, nor lived together for them2yrs or more

[Amber]

Potentially it could be used for Destitution Domestic Violence (DDV) concession but not for DV settlement. DDV looks at getting public funds etc... though UKBA domestic violence support is often changing. Moreover, social services can offer more support for certain groups as do other organisations.

As you are British by descent and your child was born abroad the child is not automatically British. However, the child should be entitled to be registered under section 3(2) of the British Nationality Act 1981 and thus become British (if not already done). The child may also be entitled to register under section 3(5) of the British Nationality Act 1981 which is more favorable but may take some resdiency time i.e. the child living in the UK. I suspect you would like your child to be British so you should investigate this further.

[mrkoma2012]

Potentially it could be used for Destitution Domestic Violence (DDV) concession but not for DV settlement. DDV looks at getting public funds etc... though UKBA domestic violence support is often changing. Moreover, social services can offer more support for certain groups as do other organisations.

As you are British by descent and your child was born abroad the child is not automatically British. However, the child should be entitled to be registered under section 3(2) of the British Nationality Act 1981 and thus become British (if not already done). The child may also be entitled to register under section 3(5) of the British Nationality Act 1981 which is more favorable but may take some resdiency time i.e. the child living in the UK. I suspect you would like your child to be British so you should investigate this further.

At present, social services are responsible for both the mother and child's needs. The initial 6months visitor period ends in October. What happens after this period.

[Amber]

Potentially it could be used for Destitution Domestic Violence (DDV) concession but not for DV settlement. DDV looks at getting public funds etc... though UKBA domestic violence support is often changing. Moreover, social services can offer more support for certain groups as do other organisations.

As you are British by descent and your child was born abroad the child is not automatically British. However, the child should be entitled to be registered under section 3(2) of the British Nationality Act 1981 and thus become British (if not already done). The child may also be entitled to register under section 3(5) of the British Nationality Act 1981 which is more favorable but may take some resdiency time i.e. the child living in the UK. I suspect you would like your child to be British so you should investigate this further.

At present, social services are responsible for both the mother and child's needs. The initial 6months visitor period ends in October. What happens after this period.

Well, they will be here without valid leave thus over staying. There is leave for exceptional circumstances outside the rules but you shouldn't rely on them. You should put things in motion to try and regularise their stay i.e. the registration of the child.

[Obie]

Very confusing, as it appears father does not want mother and son to stay in the UK, but want access to the chid.

The child cannot qualify for registration as of right, as things stand, but may qualify at the discretion of the Secretary of State.

Child may qualify for registration under Section 3 (2).

Not sure section 3 (5) is applicable, as mum is obviously not British, nevermind british by descent.

[mrkoma2012]

My concern is the domestic violence settlement or human rights application. She has been in the UK for less than 3months. Is it possible to make an application based on the above.

[Amber]

The child could have an entitlement to regsiter as British under section 3(2) of the British Nationality Act 1981 if the grandparent was British otherwise than by descent and the other criteria was met or possibly even the more favourable section 3(5) if the child starts living in the UK. Though this would need investigation.

Yes I agree, it appears that the OP either wants rid of the ex, or perhaps even the child as well. However, they have not said either way.

[mrkoma2012]

Very confusing, as it appears father does not want mother and son to stay in the UK, but want access to the chid.

The child cannot qualify for registration as of right, as things stand, but may qualify at the discretion of the Secretary of State.

Mother and child were supposed to come for a 3month visit. But, the mother is adamant and desperate to remain in the UK.

On what grounds will the secretary of state get involved?

[Obie]

Those attempt are doomed, but try and come to a compromise, to stop this issue dragging.