Immigration And Nationality Essay

926 words - 4 pages

Esther came to the UK in 2002 and claimed asylum. Her asylum claim was turned down but 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 may have a claim to remain in the UK under the Human Rights Act.Esther is a refugee who does not have refugee status and is not permitted to marry in the UK. So her relations with the father of her child were civil. Under UK laws the child birth can help Ester to receive the permission to stay but did not give her automatic 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 new law was accepted. The Proof of Paternity Regulations 2006 allows fathers who are not married 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 mother's nationality. So the child can stay in the country since 2006.In many countries the person receives the right to stay after official marriage. But in the United Kingdom 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 will 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 return to its native country and to give entry clearance. Lawful guidance is required in this situation.However it is necessary to consider how the Esther's rights and her difficult situation can change with the help of Human Rights Act.According to the Article 8 of Human Rights Act "Right to respect for private and family life":"1. Everyone has the right to respect for his private and family life, his home and his correspondence.2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." (Human Rights Act 1998 Chapter 42)Article 8 of Human Rights Act is related to the right to value high the private life of the person, the family life in particular. The immigrants who received a refusal having applied for the right to stay in the UK usually try to rely on this article if they got a family in the UK.Such cases as Esther has were considered and...

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