If your child is living in the UK without legal immigration status, addressing this issue promptly is crucial. This comprehensive guide provides insights and steps to help you navigate the complexities of your child’s immigration status in the United Kingdom.
Understanding ‘Overstaying’
‘Overstaying’ occurs when a child either enters the UK without a visa or stays beyond the duration allowed by their visa. This situation means the child is considered to be in the UK illegally.
Actions to Take Before Your Child Turns 18
It’s advisable to regularize your child’s status before they reach 18 because:
- Applications are generally more straightforward for minors.
- It allows them to continue their education and work or claim benefits when they become adults.
Parental Status and Its Impact
If both you and your child are in the UK illegally, consider applying for legal status together. Success in your child’s application could potentially support your case.
If you are in the UK legally but your child is not, seek advice from a specialist immigration adviser.
Seeking Specialist Immigration Help
Navigating your child’s immigration issues requires professional guidance:
- Contact specialist immigration advisers who can provide detailed, confidential advice tailored to your situation.
- For preliminary advice, contact the Joint Council for the Welfare of Immigrants (JCWI) at 020 7553 7470 during their phone hours for free, confidential advice.
Ensuring Confidentiality
You can be confident that any advice given by a specialist immigration adviser will be completely confidential, safeguarding your privacy during the entire process.
If Your Child Was Born Outside the UK
You may apply for ‘leave on the grounds of private life’ in the UK. This can be crucial if your child has lived in the UK for a significant period or has strong ties to the country.
If Your Child Was Born in the UK
For children born in the UK, there are various pathways to obtain legal immigration status:
Registering as a British Citizen:
After living in the UK for ten years, you can register your child as a British citizen, which grants them full rights, including work, education, NHS access, and benefits.
Applying for Leave on the Grounds of Private Life:
Children born in the UK can apply for permission to stay for reasons related to their private life after living in the UK for seven years. The success of this application may depend on the child’s need for medical treatment or to continue schooling in the UK. More details are available on the GOV.UK website.
Note that this permission might include a rule that stops the child from receiving public benefits when they turn 18. You can ask for this rule to be left out during the application process. If it is included, you can request to remove it later on.
Renewing and Maintaining Status
- Renew your child’s leave every 2.5 years with a fee of £993 and an NHS usage fee, both of which are essential for maintaining their legal status.
- Fee waivers may be available if you face financial hardship, which can be requested during your application process.
Securing Permanent Status
- After legally residing in the UK for ten years, you can apply for ‘settled status’ for your child, allowing them to stay indefinitely.
- Alternatively, if your child is ten years or older and has lived in the UK for ten years, you can register them as a British citizen.
What support is available for children living in the UK illegally
Children living in the UK illegally can access various forms of support to help them navigate their immigration status and related challenges. Here’s an overview of the available resources and assistance:
Legal Support
Specialist Legal Advice:
- Organizations like Asylum Aid provide free legal representation for children and adults throughout the asylum process.
- The Coram Children’s Legal Centre offers free one-to-one legal advice specifically for children facing immigration and asylum issues.
- Kids in Need of Defense (KIND UK) provides free legal advice for children needing help with non-asylum immigration and citizenship matters.
Local Authorities:
Local councils have a duty to support children in need, which includes those who are undocumented. They can provide accommodation and other necessary support under the Children Act 1989.
Migrant and Refugee Children’s Legal Unit:
This unit provides direct, specialist legal representation to migrant and refugee children concerning asylum and immigration matters.
Financial Assistance
Asylum Support:
- Families claiming asylum may be eligible for financial support, including accommodation and a weekly cash allowance (approximately £49.18 per person) to cover basic needs like food and clothing.
- Additional payments are available for pregnant women and mothers with young children.
Project 17:
This organization offers advice on housing and financial options for families with no recourse to public funds, assisting those who may not qualify for mainstream benefits.
Educational Support
- Children aged 5 to 17 are required to attend school, and all state schools are free. Families may also qualify for free school meals depending on their circumstances.
Health Care
- Access to the National Health Service (NHS) is available for undocumented children, allowing them to receive medical treatment without charge, including prescriptions, dental care, and eyesight tests.
Additional Resources
- Refugee Council: Provides assistance specifically for unaccompanied children seeking asylum, offering guidance through the asylum process.
- Right to Remain: This organization provides information tailored for children and young people seeking asylum.
Addressing your child’s illegal immigration status in the UK can be daunting but manageable with the right guidance and actions. Whether through registration as a British citizen or applying for ‘leave on the grounds of private life,’ there are viable paths to securing their future in the UK. Always ensure to seek specialist advice to navigate this complex process effectively.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a Family and Parental Visas or a Temporary Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK . You can call us today at +234 812 5505 986 to learn how we can help you.
