Unfortunately, the truth is that it is possible for the Home Office to issue a deportation order against a parent if they have a child in the UK, even if that child is British. The challenge for those in such circumstances is to build a robust case for appeal based on a sound knowledge of the UK and human rights law.
Can I stay in the UK if my child is British?
If you have a child who has British citizenship, you may be able to apply for the right to remain in the UK under part of the immigration rules. … If your child normally lives with the other parent, that parent must have British citizenship or be “settled” in the UK for you to apply under these rules.
Can parents get UK citizenship through my child?
British citizenship for Children born in the UK
British Citizenship at birth is only available to children with a parent who holds British Citizenship or settled status. For a child of non-British parents to receive British Citizenship by birth, at least one parent must have ‘settled status’ in the UK.
Can you be deported if you have a child?
Well, it can definitely happen. Many parents of U.S. citizen children have been deported, so it could happen to you too. … The only thing that is possible is getting permanent residency when the child becomes of legal age. If that’s the case, the child can choose to sponsor his/her parent to become a permanent resident.
Can I get British citizenship through my child UK?
British citizenship by birth
A child will have automatic right to British citizenship if they were born in the UK and one parent had settled status at the time of the child’s birth.
Are babies born in UK automatically citizens?
You’re usually automatically a British citizen if you were both: born in the UK on or after 1 January 1983. born when one of your parents was a British citizen or ‘settled’ in the UK.
Can a child be deported from UK?
Yes, you can be deported if you have a child in the UK. If your child is under 18 and doesn’t have their own indefinite leave to remain and/or has been living with you, they are liable to be deported with you. … This is especially so in cases where a person’s child holds their own indefinite leave to remain.
What if my child is born outside the UK?
British citizenship is normally automatically passed down one generation to children born outside the UK. For example, you might automatically become a citizen if you’re born outside the UK to a British parent. But your children will not automatically be citizens if they’re born outside the UK.
What happens if a child is born in UK?
Your child might have British citizenship automatically if they were born in the UK or they have a British parent. You can check how the Home Office decide if someone is automatically a British citizen on GOV.UK. If your child is already a British citizen, you don’t need to apply for citizenship for them.
How can you avoid deportation?
You must meet certain requirements:
- you must have been physically present in the U.S. for 10 years;
- you must have good moral character during that time.
- you must show “exceptional and extremely unusual” hardship to your U.S. citizen or lawful permanent resident spouse, parent or child if you were to be deported.
What happens to a child after a parent is deported?
The Detained Parents Directive, a policy issued by U.S. Immigration and Customs Enforcement (ICE), provides guidance concerning the detention and removal of alien parents and legal guardians of minor children. … If they get deported, the minor will immediately become the responsibility of the guardian.
Can marriage stop deportation?
Getting married does not stop deportation. You must prove your marriage to USCIS and then adjust your status with the Immigration Judge. If your adjustment of status is granted you become a permanent resident and your deportation proceedings are over at the time the Judge grants your case.
Can parents stay permanently in UK?
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the UK for 5 years continuously on a family visa as a parent. You cannot include time you’ve spent in the UK on any other visa. The rules are different if you applied before 9 July 2012.
How long parents can stay in UK?
Visa Validity
In general, if you have applied to join your child, you will get a permit to stay in the UK for 2 years and 6 months. After this period you will have to extend your stay.
Can I live in the UK if I am married to a British citizen?
Marriage to a British citizen does not grant you the automatic right to live in the UK. However, you can live in the UK if you are married to a British citizen and meet requirements such as demonstrating that your spouse has enough money to support you and that your marriage is genuine.