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Anyone who has a British child may now be able to stay in the UK
Wednesday, 13 April 2011 17:09
On the 1st February 2011 the Supreme Court delivered its Judgment on the case of ZH Tanzania v SSHD. This case has
significant ramifications in making the proportionality assessment under article 8, the best interests of the child must be a primary consideration. The Secretary of State must give sufficient weight to the best interests of children who are affected by the decision to remove or deport one or both of their parents from this country.Within this, however, is a much more specific question: in what circumstances is it permissible to remove or deport a non-citizen parent where the effect will be that a child who is a citizen of the United Kingdom will also have to leave the United Kingdom.
The Supreme Court has ruled in this case that if a non-citizen parent is compulsorily removed and agrees to take her children with her, the effect is that the children have little or no choice in the matter. There is no machinery for consulting them or giving independent consideration to their views.
On the 11th March 2011 the Administrative Court also delivered its Judgement in the Case of The Queen on the application of Mansoor v SSHD in which Mrs Mansoor was allowed to stay in the United Kingdom based on the Nationality of her children
The ECHR also stated added their opinion on the rights of parents who has children that are citizens and who are affected by the decision to remove or deport from the United Kingdom. In the case of C-3409 Zambrano v Onem 8 March 2011 BAILII: [2011] EUECJ C-34/09, a case arising from Belgium where parents who are non-nationals of the European Union had given birth to a child in Belgium who had Belgian nationality by reason of their nationality law were held to have a right to remain in order to look after the child and give effect to the child's rights of residence. The Court of Justice answered the question in the following terms:
"Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen."
This important judgement assists anybody who has a child in the United Kingdom and the child is a British citizen to apply for settlement in order to look after the child in the United Kingdom.
If you need help in regularising your Immigration Status , please do not hesitate to call me on 02079238600 0r 07866135256.
JAMIL TRAWALLY
STUART KARATAS SOLICITORS
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83KINGSLAND HIGH STREET
LONDON
E8 2PB
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Comments
While they are at encouraging ppl to jump the immigration queue, they should also expand the nanny state!
If any of the parents(or both)are legally resident,then the child/children acquire British Citizenship,but if both parents are illegally resident,then their offsprings are denied automatic citizenship status. However,there are many instances where residency is granted to such families on humanitarian grounds.
What baffles me though,is the justification,b y these countries, for punishing little children for the mistakes of their parents.
These politicians,who make & pass such senseless laws,should be ashamed of themselves. David Cameroun,whom I'm sure enjoys being with his children,should know that he is denying families in his country the same opportunity.
Children all over the world should acquire citizenship of their country of birth without conditions.
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