Immigration Status Regularisation
The client entered the country on a tourist visa two years ago and has remained unlawfully after their visa expired. They are currently residing in a major city and have a child who is a citizen. The client is seeking guidance on how to regularise their immigration status given their parental status. The legal matters involved are primarily Immigration and Family law, and further details are needed to provide tailored assistance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I regularise my situation considering my child is a citizen?
You may be eligible to regularise your stay through the 'Parent Route'. This route allows a parent of a citizen child to apply for limited Leave to Remain if they have shared parental responsibility and can prove that it is in the child's best interest to remain in the country. You will need to show your active role in your child's life and that you meet the suitability criteria under the Immigration Rules. It is advisable to consider seeking legal advice from a qualified immigration solicitor to assist with your application, as this can be complex.
What are the potential immigration options available to me as the parent of a citizen child?
As the parent of a citizen child, you may apply for limited leave to remain under the 'parent route.' This is provided under the relevant Immigration Rules. You must demonstrate that you have a genuine parental relationship and that it would be unreasonable to expect the child to leave the country. You can also explore applying based on your private life in the country.
Are there any specific documents or evidence I need to provide to support my application for regularisation?
To support your application for regularisation based on your citizen child, you will need to provide key documents including your child's birth certificate confirming their citizenship, evidence of your relationship with the child, and proof of your identity and current immigration status. Supporting documents such as letters from your child's school or healthcare providers can also be beneficial.
What are the potential risks or challenges I might face during the regularisation process?
You may face challenges such as the risk of deportation if your application is not accepted, as well as the burden of providing substantial evidence of your parental relationship. Financial requirements, such as proof of adequate means to support yourself, could be another hurdle. The process can also be lengthy and stressful.
How long does the process typically take, and what are the chances of success?
The process for regularising your status, given your citizen child, generally takes around 8 to 12 weeks if all documents are in order. Success often depends on demonstrating a genuine parental relationship and showing it is in the child's best interest for you to remain here.
