If a mother has no valid visa but has child born in uk and father is britsh whats happens?
Answer:
The child takes the mother's nationality and if she has no leave to remain, nor does the child.
mother too apply for visa
if she has no valid visa..she is an illegal immigrant & should either apply for one or return to where she came from.
The mother can apply for a visa...
Mother will still need to apply for permission to remain, stating that she has a family in the UK, it depends on the age of the child whether there is an argument that the child is socialised in the UK and has links here like school and friends. The mother has a right under Article 8 of the Human Rights Act 1998, the right to family life, and that her family is now her child and the child's father in the UK. Immigration law is very complex and you really need advice from an immigration lawyer who can advise you of the procedure of application and appeal, it may depend on where the mother's country of origin is as to how the application to remain is handled, if mother is from a country that the UK government consider safe for her to return to she may be expected to return with the child.
whats a britsh
The question isn't clear. What's the mother's citizenship? Are you asking about the child's citizenship and does this question have anything to do with the US? The only location being mentioned is the UK.
Spell it out and you'll probably get an answer. But for the CORRECT answer, check with the British authorities, and whatever second country involved. I'm sure they've got websites where you can get a quick answer online.
she could be made to leave the country and the father asked a few questions by immigration
Whilst the child would have a claim to British citizenship (though the father), until this is done the child has the nationality and status of the mother. It would then become a dual national - and this fact would still not avail the mother.
Well first of all i do feel sorry about you that you have to go through all this. But there is a solution. As long as one parent has legal status in UK there is not a problem. Your child is legally british. Now child's father need to put his name on your child's birth certificate. Then you apply for your child's passport your child will get one. Once he gets the one then you apply for him with a plea that this child can not leave without you and you will contribute in his growth. And your husband needs to sign that deed as well. And then they will give a visa for 10 years. and After completion of first seven years you can apply for nauralization and then citizenship. If you need more help please go to www.home-office.gov.uk and then click on the link called asylem and immegration.
Very good luck with your application.
Nothing "happens". The child can be registered as a UK citizen, but this does not give any status to the mother. The mother remains illegal and liable for removal. It is urgent that she obtains legal advice to see if there is anything that can be done to regularise her situation; otherwise it's only a matter of time before she comes to the attention of the authorities and is removed, with or without the child.
Good luck to her.
If th eparties are married then the child will inherit British nationality from the father, although it will need to be applied for. If the parties re not married but the father is named on the birth certificate then again nationality for the child can be claimed. The mother does not benefit directly. However if the parties are married then it is possible for the mother to apply to remian as the spouse of a British national. I can assist in such an application is you require. I am an immigration solicitor and can be contacted by private message.
The child is automatically British because of the father. The mother will have to apply for a visa. She may also want to register the child (if possible) at the embassy of her nationality so that if she is forced to leave she can take the child with her.
Cyrus: Will you quit flaunting the the whole "I am an immigration solicitor and can be contacted by private message. " You attach that to nearly every post you make in immigration. Stop trying to get your work via a website.
Your child will be British. :-)
The Child is automatically a British if :
1) Any one of the parents is a British Citizen
- or -
2) Any one of the Parents is settled in Britain (With either ILR - Indefinite leave to remain or ILE - idefinite leave to Enter)
In this case the child is most certainly British! And Can claim it any time in his life. He just needs to show his fathers passoport /Or just mention Passport Number, while applying for the British passport
Well on the other hand - Child can apply for nationality of Fathers and also Mothers too, to become a dual national, provided -- if Mothers Nation allows Dual Nationality.
In some nations when deriving the nationality of a new born child, fathers nationality hold precedence over mothers..
Regards
The Immigration information post by website user , MyTend.com not guarantee correctness.
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