TomTornado

Hi, sorry if this is not in the correct section, there is so much to read, I am a little lost to be honest anyway...

I am a British born male, moved to Australia in 1998, was there for 1 year and moved back to the UK.

My girlfriend at the time (now wife) and her 2 year old (both Australian) son moved to the UK with me also.

My wife got her right of abode (I think it was called) almost instantly, her mother was born in Britain but had moved to Oz as a young teenager so the home office said my wife was entitled to British Citizenship which she never went for until a few years later.

The wife is now a full British Citizen, British password, works, driving license etc etc

However, our son just got a letter yesterday (Saturday) from the immigration department, informing him that he is an illegal immigrant and that he has 5 days in which to leave the UK or give good reason for right to stay ?

Is there any grounds on which he can be removed from the UK after all these years ? He has a job, National Insurance Number (obviously), a council home etc etc

quiltman

Hopefully our guru, Brit In Paris, will come along soon with advice. My feelings are: He's your stepson, did you adopt him? What visa did your now wife and son come to UK on?
does your stepson have the right of abode to live in the UK , or his own visa. BIP will have more info but it sounds like your stepson came over on his Mums visa - presumably you were not married at the time she arrived in UK? .If he came on the back of his Mums visa then once he reaches the age of majority - think it's 21 for family visas, he has to get his own permission to stay.It MIGHT be possible for your stepson to claim citizenship by descent from his Mum as she is now a British citizen , but don't take this as gospel since this area can be a minefield!It's no consolation but similar things happen to expats kids in such as Canada and US if their permissions to remain are not sorted in time.
Paging BIP for his words of wisdom.

inggris

Did he apply for a British passport or an immigration-related application before he (suddenly) received the letter from the immigration department [UKVI/Home Office]?

TomTornado

thanks for the reply quiltman.

To be honest, I can't remember what the visa was that the wife came to the UK on, I am at work until Monday so wont be able to get much info until then.

We didn't marry until a few years in to being in the UK.
My son is just my stepson by marriage, not adopted.

Until I confirm it with the wife (you know they're always right )
Her visa covered both herself and our son, I think it had something like:
ONE adult female + one child ( b ) ... or something like that.

I am thinking the same thing, as his mum is now been a British Citizen for some time, and his grandmother by birth, shouldn't he be able to to get some right to stay under just that alone ?..

The wife managed to find a citizen advice place that was open on Saturday and the woman she spoke with didn't have a clue and said he should go to the Australian Embassy in London.

Thanks for your reply though, much appreciated.

at 05:30, it's time to get some sleep.

TomTornado

He hasn't applied for anything for way over 12 months now.

Last thing he applied for was a bank account to have his wages put in.
Got accepted ok.

He has never applied for a passport or anything immigration related.

quiltman

On the face of it, if he has not applied for leave to stay and you and your wife did not do anything whilst he was under 18 then so far as Immigration is concerned it would appear he is staying illegally. not sure about his claim to UK citizenship. His grandmother would have passed on her UK citizenship to her daughter - your wife - but if your wife was born outside the UK , it is possible she may not be able to pass on UK citizenship by descent. Fingers crossed BIP will come along. He may be able to apply for an ancestry visa I suppose.

SanDiegogirl

Just from reading the OP's post the wife is an Australian citizen who is British by descent (born in Australia of a British parent).

This would mean that she does not pass on British citizenship automatically to her son.

The son entered the UK with his mother - how is the question? Would think that the son would have needed a visa to enter the UK and remain.

Maybe mother just entered as visitor and never left - as British by descent she could easily do that.

Pollyana

The Australian High Commission can only advise on Australian migration laws, not British.

BritInParis

Interesting. Has your stepson never travelled outside the UK since he arrived aged two? Does he hold a valid Australian passport? His mother, presuming she was born before 1983, would have had Right of Abode through her mother but your stepson, although likely included on his mother's passport, would have not normally been entitled. It is important that you check her original Right of Abode stamp/sticker to confirm but it does appear that he has been in the UK illegally for the last 18 years.

As he is now over 18 years old he has missed the boat for registration as a minor at discretion. With a British-born grandmother he can however apply for an ancestry visa which would allow him to live and work in the UK for five years and apply for Indefinite Leave to Remain and then naturalise as a British citizen a year later.

I would check your wife's original RoA stamp/sticker as a first priority to see whether he was included on it. If not then an ancestry visa would be the easiest way to go for the time being even if another option presents itself later. He will need to return to Australia to apply for it however.

SanDiegogirl

If the immigration authorities have already sent a "letter of departure" I would suggest getting an immigration lawyer as soon as possible if the son does not intend to leave the UK.

angie_329

Try your MP as well, if he can ask the Home office for discretion due to the circs.

Pulaski

Doesn't seem likely in the current atmosphere.

TomTornado

many thnaks for all your help people, as you can guess, this is very scary for us at the moment, to think, after all these years, he could be an illegal immigrant is somewhat stomach-turning

No, never.

He did, for when we traveled over here to the UK, it would have expired years ago now and to be honest, wouldn't have a clue on where it would even be.

Correct, she was born in 1974, had also got Right of Abode through her mother.

I remember the visa in my wife's passport having something like 'child 1 ( b )' written on it so I am 100% sure he was on the visa, I remember questioning the airport before on why it was a separate passport for them both but a shared visa sticker, just in the mothers passport.

.... I am afraid to say, from everything I have read online, all the sites and info I could get over the weekend, it does appear to be so

I thank you all for your help, especially BritInParis, thank you so much.

I'll keep you all posted on the outcome, maybe you'll see us on Boarder Control TV show lol

(I must laugh as it's a very scary situation for us )

CanadianSpruce

A very close friend of mine had almost exactly the same thing with his stepson. They went to speak to lawyer. In the end the only away around it was for his step son to leave the UK and go back to New Zealand (He was born there) and apply for an ancestry visa. He will also need to write a letter of explanation explaining he didn't know he was there illegally along with his visa application. There is of course the possibility they won't approve the visa and in that instance there really isn't much that can be done. The home office doesn't really seem to care about special circumstances these days.

BEVS

From above, it seems that the Ancestry Visa is the way to go to resolve this situation.

I wish you a successful outcome.