A very common question among foreigners in the UK is about the birth of a child in the country and the right to acquire British passport when parents are illegal.
Is the child entitled to British citizenship? Can parents get a visa or citizenship to themselves?
Another frequent question is when the child is born abroad, but raised in the United Kingdom, with parents also illegally in the country.
We separate scenarios that could entitle the child and parents to legally reside in the United Kingdom:
- The child must have been born in the United Kingdom and have resided continuously for 10 years, which would entitle him/her to apply for registration as a British citizen and, subsequently, to the British passport
- The child must be under 18 years old and have lived continuously in the UK for at least 7 years
- The child, and only the child, must have a European passport and not the parents
- The child must be between 18 and 25 years old and have lived half of his life continuously in the United Kingdom and, in some situations, this right to live in the UK may extend to parents
- Even if the child or adult has not resided for 20 years in the UK, if they can demonstrate that significant obstacles would harm integration in their country of origin or in the country they would have to return to, it would still be possible to continue to live in the UK, however, interpretation of the Home Office to achieve the above criteria are very restricted, as it would be necessary to demonstrate that you have no connection to the country of origin (including social, cultural or family)
Remember that a specialized professional is essential for the application to be successful.
You can also check interesting mom and parenting articles on Best for Mums!
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