Help with someone born in the UK after 1983?

Hello there, i have a question regarding the immigration law in the UK. My cousin was born here but her mum and dad weren't, she went back home and lived there for 16yrs. Due to our country's problem, her mum doesn't want her to go an entire year without education. She has a birth certificate that says she was born in the UK but she doesn't have the passport or the resident permit. Can she still go to school here, get oyster card and be a normal kid in London? Or does she have to go through a certain procedure with the government?

P.S she needs to do her alevels and in the future go to university, so we need to understand what she can and cannot do.

Thank you :)

1 Answer

  • 6 years ago

    If your cousin was born in the UK after 1983 then she would only be entitled to British citizenship if one of her parents held ILR at the time of her birth. The fact that the family went home shortly after she was born would suggest that neither of them did which means she is only a citizen of the country she has been living in for the last 16 years (which you failed to give us).

    Whether she has British citizenship or not, she cannot use the tax-payer funded school system in the UK unless she moves there with her parents. Neither is she entitled to an Oyster card.

    The only way for her to do her A-levels in the UK without her parents is to attend a private school. She can do this with or without citizenship but the school would need a student visa for her if she is not British. This could be a boarding school or your parents could become her official guardians and she could live with you.

    If she has British citizenship, she can move to the UK once she finishes secondary school and apply to university. She will still be pay the international fees and will not be eligible for the student loan scheme because her family will not have been ordinarily resident for the three years prior to her start date.

    If she does not have British citizenship, she can still attend university as an international applicant but will need a student visa. She will need to go home when she graduates.

    By the way if she needs a student visa, she must get that before she arrives. It is not possible to convert from a tourist to a student visa from inside the UK.

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