Looking at statistics presented by the Office of National Statistics, it reveals that over 27 percent of live births in Wales and England happened outside the UK. A good number of these births were from foreign fathers. A pertinent issue today is what will become of such families when Britain formally leaves the European Union.
Today, everyone has adopted a wait and see stance on this issue. Many are suspecting that EU citizens might undergo a bureaucratic process before getting the same legal status as UK citizens. This might have a ripple effect that will see Europeans exit the UK voluntarily. Once the UK leaves the EU, it might not be everything as usual when EU citizens want to enter the EU.
Families that comprise of an EU and a non-EU member will be subjected to confusing immigration implications. The situations worsen where there are family separations or a divorce. The complication is amplified when one party wants to move elsewhere with the kids.
Impact of the immigration rules on the children
The change in the immigration status for families can affect their everyday lives. At the moment the UK has rules that assist parents in obtaining a visa so that they can remain with their British child who has settled there. These rules do not focus much on those parents who have a limited leave period remaining.
In the event that one of the parents wants to leave the UK, the immigration rules have outdated provisions that prevent a child from obtaining a visa. The parent must meet a high sole ownership entitlement threshold.
The Home Office admitted that the tests provided by the immigration rules are not related to how most families operate. This puts immigration law in a tough spot as it is unable to provide suitable conflict resolution at the expense of the child.
A change in a parent’s immigration status does not guarantee that the child has a right to change the place they reside too. The decision to take the child out of the country must be consensual by both parents. Failure to get consent opens up the classification of child abduction in that situation.
What does the court look at when it comes to child relocation?
Leave applications are what the court uses to determine the child’s best interests. When this is assessed, the court looks at the factors that matter in the case of relocation. Parents who seek to move their children abroad must be prepared to lay out the full details of their plans, for instance, schooling and housing. Most importantly, they should consider how their children will develop a full relationship with their parents.
Conclusion
Where there are two pressing jurisdictions to choose from, the court faces the predicament of deciding which of the two are familiar. You must conduct research and make good presentations. For instance, are the immigration controls in one country easier than the other? You can compare the different education and housing situation. In addition, you might also point out the living standards.
