Esther came to the UK in 2002 and claimed asylum. Her asylum claim was turned down however she remained in the UK. In 2004, after her claim was refused, she met Derek, a British national. They began living together and in 2005, their son, Matthew, was born.
Advise Esther as to whether she whitethorn have a claim to remain in the UK to a lower place the Human Rights Act.
Esther is a refugee who does non have refugee status and is not permitted to marry in the UK. So her relations with the father of her youngster were civil. Under UK laws the boor birth can help Ester to come across the permission to checkout but did not give her self-locking right to stay. First it is essential to observe the right of the child to have UK citizenship. The child was born in 2005 and in 2006 refreshed law was accepted. The Proof of Paternity Regulations 2006 allows fathers who are not matrimonial officially to give their nationality to the child born in the UK. This is a significant proceed, because before such kids could only have their fetch?s nationality. So the child can stay in the country since 2006.
In many countries the person receives the right to stay after official spousal.
But in the United soil in order to receive the right for official marriage Ester must receive the ?Certificate of approval?. However it would not give her a permission to stay in the UK, it ordain just give her an opportunity to get married in the UK. And even after marriage she will not be able to receive the automatic right to stay in Great Britain. The Home Office could make the person repay to its native country and to give entry clearance. Lawful way is required in this...
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