CHILDRENS BORN & LIVED IN THE UK FOR 10 YEARS. HELP!!

[Elayseth]

Hi my son was born in the UK in June 2001, we had an appeal under the Human Right articule 8 that was refused by an Immigration Judge in April 2011 after the UKBA came to our home, we requested permission to appeal to the Upper Tribunal and this was granted to us. Our son will be 10 years in 2 weeks, Would he still be eligible for registration as a British citizen?, or this stopped when the UKBA came to our house? Please if anybody can advised me , would be very much appreciate it.

[Greenie]

the immigration status of the child and the child's parents is irrelevent for applications for registration under section 1(4).

[Elayseth]

Hi Greenie, thank you for your response, can you please be more specific, the reason I asked is becuase we are in the pocess of appeling to the Upper Tribunal in relation with the decision taken by the Immigration Judge back in April this year, I asked my solicitor but he is not giving me a straight answer, as we have to pay for the appeal to go trogh. What are you trying to say is that my son still eligible for registration as a British Citizen , regardless of the decision taken by the Immigration Judge? Thank

[geriatrix]

Has the child lived in UK since his birth?

[Elayseth]

Hi ,yes basically , me and my partner have been in in the UK since 1997, we we had our application to apply for the 14 years that was due in June this year but unfortunately the UKBA came to our house at the end of January, before we could send the application,yes my son was born and has lived in the UK his whole life.

[Greenie]

the judge's decision is irrelevent. as long as the child was

1. Born in the UK after 1 Jan 1983
2. Spent the first 10 years of his life here
3. Did not spend more than 90 days outside the UK in each of those 10 years

He will be able to register as a British Citizen.

See http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

[Elayseth]

Hi Greenie, Really? so why my solicitor is not giving me that information? I asked him ,because my son is going to be 10 year old in two weeks if that would make any difference and he just said to me that it would only help our appeal and give it more weight, Instead he is asking me for the money for the appeal, and requesting my son to write a letter explaining how it would affect him if he gets remove form the UK , and also want statements from his school , doctor and a social worker, which I thing would be even mor traumatic and stressfull for my son . My son was short of two months when the IJ took the decision and said that he believe that all of us should be remove as this wont cause my son any problems. If my son is eligible for registration , how would that affect our status?

[Greenie]

When is your appeal?

Perhaps he is saying this because even if your son has an entitlement to register as a British Citizen once he reaches the age of 10, you will still have to apply for leave to remain in the UK. You will not be automatically granted leave just because your child is British although recent case law (e.g. ZH Tanzania and Zambrano) would help you in this respect.

[Elayseth]

Hi Greenie, we don't have yet a date for our appeal, we had the confirmation back from the court on Thursday with the grant of appeal. I'm confused,the whole appeal is base in our son , and how would affect him if he gets removed from the UK, so I don't understand what decision will the Upper Tribunal Immigation Judge would take then, if our son still eligible to be register as a British Citzen. Now even though he can be a British Citizen,all of us can still liable to be remove if our leave to remain is refused.The case Law ZH Tanzania and Zambrano was mention and giving to the IJ for him to take into account in our previous hearing the one that was rejected . I think this process is a lot longer a more expensive, if the decision made by the IJ is irrelvant, isn't easy if we registered our son and then made an application for leave to remain for me and my patner?

[Greenie]

I think you should speak to your solicitor. Your case is too complicated to give advice on a forum.

If you haven't yet got a date for your next hearing and your child is 10 in 2 weeks then the chances are you will be able to make the application for your children before your case is heard and in that case UKBA may decide to give you leave to remain, but it would be dangerous to withdraw an appeal at this crucial stage when your son has not yet registered as British and when you would still need to demonstrate why you should be allowed to remain in the UK.

WHen I said the judge's decision was irrelevent, i meant irrelevent as to whether your son can register as a british citizen once he is 10 years old. It is of course relevent to whether you can remain in the UK, although obviously once your son is British your case will be stronger.

[Elayseth]

Hi Greenie I would do so, thank you very much for your advise and your help.

[Elayseth]

Hi was told today that apparently there were some changes made in April this year in relation with the status of the parents when the child was conceived and born, to be able to be register as Bristish Citizen. I looked into the UKBA web page and have the normal information, of any child born on and after of January 1983 and live in the UK for 10 years or over and have not spent more that 90 days outside the UK is eligeble to be register as a British Citizen, but do not mention anything else. Can anyone tell me if they know of any changes or if the UKBA page is up to date. Thank

[parvus1202]

"If the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and his/her parents is irrelevant."

So that's it. But the immigration denial was before the child is 10 years old. Probably the reason why your solicitor cannot give you an straight answer.

[Elayseth]

Hi parvus1202, thank you , Ok, that is what I thought and that is what it was advised to me in here before, but I spoke with my solicitor this morning, and I mentioned that my son is going to be 10 years old next wednesday, and that we would make the application for registration, and he said that we might not be able to do so as when my son was born I was not legal in the UK which is not the case anyway as I was legal at that time, but also mention that there were changes made to requirements for registration in April this year, he said that he was going to double check and get back to me .Now if that is not the case I'm getting quite worried as it seems that my solicitors doesn't know.
Well the IJ didn't even took into account that my son was short of two month to be eligable for registration that is one of the main reasons why we were granted the right to appel to the Upper Tribunal.

[vinny]

I haven't seen any changes relating to 1(4). Let us know what he finds out.

[parvus1202]

This is where the denial probably came from..

"c. were aged 10 years or more on the date of application;"

You applied before the child is 10 years old. The immigration decision is correct. In the appeal, if the first decision is executory on the date of denial, then the appeal is irrelevant. The judge could rule in favor of the immigration. Unless the judge will allow you to reapply after the child is ten or else he will apply the law.

[Greenie]

This is where the denial probably came from..

"c. were aged 10 years or more on the date of application;"

You applied before the child is 10 years old. The immigration decision is correct. In the appeal, if the first decision is executory on the date of denial, then the appeal is irrelevant. The judge could rule in favor of the immigration. Unless the judge will allow you to reapply after the child is ten or else he will apply the law.

as far as i understand from the OP's post - they haven't made an application to register the child yet. they made an application for ILR /leave to remain outside the rules relying on Article 8 of the Human Rights Act . This was refused and they appealed. the appeal was dismissed and they have been granted permission to appeal. Whether the tribunal allows or dismisses the appeal is not relevent to whether an appplication can be made to register the child as British once he has reached the age of 10. the solicitor cannot give a straight answer because he does not understand the law. there have been not changes to section 1(4) of the BNA.

[Elayseth]

Hi ,no we haven't made an application to register my son yet as he will be 10 years old next Wednesday. We had an appeal under articule 8 of The Human Rights againts the decision to be remove taken by UKBA after they came to our house at the end of January this year. That appeal was dismiss by the IJ without the right to appeal, we requested the right to appel to the Upper Tribunal and this was granted to us two weeks ago,still waiting for a date for the hearing.
I wanted to make sure that regardless of our status or the process we are doing now, we still be able to register our son as a British Citizen as my solicitor doesn't seem to think that. And what sort of impact or weight will have in the hearing. I want to star the application to register my son as soon as he turn 10, I really need to speak to my solicitor again to make sure he is doing the right procedures for our hearing, thank you very much for all of your imput, I'll keep you inform of what my solicitor say.[/quote]

[boloney]

Hi ,no we haven't made an application to register my son yet as he will be 10 years old next Wednesday. We had an appeal under articule 8 of The Human Rights againts the decision to be remove taken by UKBA after they came to our house at the end of January this year. That appeal was dismiss by the IJ without the right to appeal, we requested the right to appel to the Upper Tribunal and this was granted to us two weeks ago,still waiting for a date for the hearing.
I wanted to make sure that regardless of our status or the process we are doing now, we still be able to register our son as a British Citizen as my solicitor doesn't seem to think that. And what sort of impact or weight will have in the hearing. I want to star the application to register my son as soon as he turn 10, I really need to speak to my solicitor again to make sure he is doing the right procedures for our hearing, thank you very much for all of your imput, I'll keep you inform of what my solicitor say.

as Greenie said you can register your child under British Nationality Act 1981, parents status does`t make any difference.
just get application ready, send it off when he turns 10, and wait.
if you get hearing date before you get replay from HO about registration, mention it to the tribunal, they will probably take it into account.
thats what I would do if I was you.

[parvus1202]

-One question, when you applied for ILR, did you include your entire family including your son? If your son was not included, was the denial include your son? Did they interview you about your son? Were they aware of your child? Why did you applied for ILR without waiting for your son to be 10 years old?

[Greenie]

-One question, when you applied for ILR, did you include your entire family including your son? If your son was not included, was the denial include your son? Did they interview you about your son? Were they aware of your child? Why did you applied for ILR without waiting for your son to be 10 years old?

If you read the OP's posts again you'll see that she has said that the UKBA came to their house and after this made a decision to remove them, which they appealed on article 8 grounds .

[Elayseth]

Thank you Greenie and bolony, I'll make the application as son as my child is 10, and hopefuly we should have a better outcome in our hearing this time, the whole hearing is base in our son and how would affect him to be remove from the UK.