Last updated: 2nd April 2026

We Know Your Situation

You came to the UK without a visa. Maybe years ago. You’ve built a life here. You work, you pay your way, you’ve made this country your home.

You have a partner who is British or who has settled status. You may have children together. Your life is here.

But you have no immigration status. No visa, no pending application, nothing that gives you the right to be here. And that fact sits underneath everything else — every plan you make, every decision you take, every time you see a police car.

You’ve heard things from friends, from people in the community, from agents. Some of what you’ve heard is true. Most of it isn’t. And the difference between good information and bad information is the difference between a decision that leads to a visa and a decision that leads to removal.

You may also have been told — by someone on Facebook, by an agent, by a friend of a friend — that there’s a shortcut. A way to sort your status for a cash payment, no questions asked. There isn’t. If that’s what you’re hoping to find here, this guide will disappoint you. But it might also save you thousands of pounds and years of wasted time.

This guide tells you the truth about your legal options. All of it. Including the parts you might not want to hear. Because we’d rather you made a good decision based on reality than a bad decision based on a rumour someone told you in a café.

We are immigration solicitors. We handle cases like yours regularly. We know what works, we know what doesn’t, and we know the difference between a case that’s worth fighting and a case that needs a different strategy entirely.

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WhatsApp: 07849 608399
Phone: 020 7112 8163
We speak English. Bring someone to translate if you need to.

The Single Most Important Question

Everything about your legal position depends on one question: Do you have children who live in the UK?

Not whether you have a partner. Not how long you’ve been here. Not whether you work or pay taxes. Those things matter, but they don’t matter as much as this.

A child who is British, or who has lived in the UK for seven years or more, fundamentally changes your legal position. The law gives real weight to a child’s right to stay in the country where they’ve grown up. That protection extends to their parents — including a parent who entered the UK without permission.

Without children in the picture, your options are narrower. That doesn’t mean they’re zero. But it means the honest advice is different, and this guide gives you both versions.

If you have children who live in the UK — read the next section.

If you don’t have children in the UK — skip ahead to “The Honest Picture Without Children.”

PATH A: You Have Children in the UK

Why Children Change Everything

The law treats children differently from adults. That’s not sentimentality — it’s statute.

Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 says that where a person has a “qualifying child” and it would not be reasonable to expect that child to leave the UK, the public interest does not require the person’s removal. In plain English: if your child has a right to be here and a good life here, the law recognises that tearing a parent away may not be justified.

A “qualifying child” means either a child who is a British citizen, or a child who has lived in the UK continuously for seven years or more. If your child was born in the UK to a British or settled parent, they’re almost certainly British. If they weren’t born here but have lived here for seven years, they qualify on residence grounds.

This is the strongest card in your hand. But it’s not an automatic win, and the guide you read on Facebook that said “have a baby and you can stay” was dangerously wrong. Here’s why.

What the Law Actually Looks At

The test isn’t whether you have a child. It’s whether it would be unreasonable to expect that child to leave the UK. A newborn baby with no school ties, no established friendships, no particular connection to any place in the UK — a decision-maker might conclude that baby could reasonably relocate with their parents. A six-year-old in Year 2, with friends, a school place, maybe a local football team, who speaks English as their first language and has never been to your home country — that’s a completely different argument.

The Tribunal looks at the child’s best interests as a primary consideration. That means considering what they’d lose by leaving: education, healthcare, social connections, stability, their relationship with the British parent if that parent stays behind. The longer the child has been here and the more established their life, the stronger this argument becomes.

The “Have a Baby to Get Status” Myth

Let’s address this directly. Having a baby does not give you immigration status. What it does, over time, is create a factual situation — a child settled in the UK — that strengthens a legal argument. But that argument depends on the child’s established life, not the fact of their birth.

A child born last month has no school record, no friends, no established life. A child born six years ago does. The law doesn’t reward you for having children as a strategy. It protects children who have built lives here.

If anyone has told you to have a baby to “fix” your immigration situation, they have given you bad advice. Children are not immigration tools. And a decision-maker who suspects that’s why you had a child will not be sympathetic.

The Route: What an Application Actually Looks Like

If you have a qualifying child and a genuine case, the application is made under Appendix FM of the Immigration Rules — the family route. Because you entered the UK without permission, you will be applying from within the UK on what’s known as the 10-year route to settlement. Not the 5-year route. The 5-year route is for people who met all the requirements of the rules, including having entered lawfully. You didn’t, so you’re on the longer path.

What the 10-year route means in practice:

First application: If granted, you receive 30 months’ limited leave to remain. This is not settlement. It’s permission to stay, work, and live in the UK — but it’s temporary and comes with conditions, typically no recourse to public funds (NRPF).

Renewals: You apply to extend every 30 months. Each time, the Home Office reassesses your case. If your circumstances haven’t changed for the worse, extensions are normally granted.

Settlement (ILR): After 10 years on this route — with continuous lawful residence and no breaches — you can apply for indefinite leave to remain. That’s permanent status.

Citizenship: One year after ILR, you can apply for British citizenship if you meet the requirements.

So the honest timeline is: 10 years of renewals, then ILR, then citizenship. It’s a long road. But it’s a legal road, and every step of it you’re here lawfully, with the right to work and build your life without looking over your shoulder.

What You Need to Show

The application needs to demonstrate several things:

A genuine relationship with your partner. The Home Office needs to be satisfied that your relationship is real, not manufactured for immigration purposes. Evidence includes: living together, shared finances, photographs over time, communications, evidence of a life built together. Our spouse visa guide covers relationship evidence in detail.

Your child’s position. Birth certificate (showing British citizenship if applicable), school records, GP registration, evidence of the child’s life in the UK. The more established, the better.

Suitability. This is where your manner of entry gets scrutinised. Entering the UK without permission is a criminal offence under Section 24 of the Immigration Act 1971. The Home Office will know about it, and you must address it honestly in the application. Trying to hide it is pointless and adds deception to the list of problems.

Financial circumstances. Your sponsoring partner needs to demonstrate a minimum income of £29,000 per year. The rules on how to evidence this are specific and technical — payslips, bank statements, and employer letters must all match up. Getting the financial evidence wrong is one of the most common reasons applications fail, even where the couple clearly earns enough.

What Happens in Practice: Refusals, Appeals, and Realistic Timelines

Here’s what we don’t want to sugarcoat: the Home Office refuses a significant proportion of these applications on initial decision. Not because the cases are all weak, but because the caseworker is applying the rules strictly and these cases involve factors — clandestine entry, no previous lawful status — that trigger caution.

A refusal is not the end. It’s often the middle. Many of these cases succeed on appeal at the First-tier Tribunal, where an immigration judge considers the case in much greater depth than a caseworker at a desk. The judge will hear oral evidence, assess the child’s best interests properly, and make a decision based on the full picture — not just a paper file.

The realistic timeline from application to resolution, if an appeal is needed, is typically 12 to 24 months. Sometimes longer. That’s a long time to wait, but throughout the process you are in the UK lawfully (your removal is suspended while the appeal is pending) and you can continue to work if your conditions allow it.

This is where professional representation makes the biggest difference. The appeal is a legal hearing. The judge is applying statute, case law, and the Immigration Rules. The quality of the legal submissions — how the case is framed, which arguments are made, how the evidence is presented — determines the outcome. This is not something to do yourself if you have the option of instructing a solicitor.

The “Little Weight” Problem — And Why It’s Not Fatal

There’s a provision in the law that says the Tribunal should give “little weight” to a relationship formed while a person’s immigration status was precarious. If you had no status at all, your status was as precarious as it gets. The Home Office will rely on this heavily.

But “little weight” does not mean “no weight.” The courts have made clear that this is a starting point, not a final answer. It’s one factor in the overall balance. And when your child’s best interests also have to be weighed — because you have a qualifying child whose life is here — the child’s interests can outweigh the “little weight” direction. The two provisions don’t cancel each other out, but the child’s interests carry real force.

Your solicitor needs to know how to argue this properly. It’s not enough to say “I have a child.” You need legal submissions that engage with the relevant law, address the “little weight” point head-on, and demonstrate why the child’s best interests require you to remain. This is technical advocacy, and it’s what we do.

Do you have children in the UK and want to know where you stand?
Book a consultation. We’ll assess your case honestly.
WhatsApp: 07849 608399 | Phone: 020 7112 8163
hello@migrantlawpartnership.com

PATH B: You Don’t Have Children in the UK

The Honest Picture Without Children

This is the harder conversation. Not because the news is all bad, but because the options are fewer, the trade-offs are real, and there is no shortcut — no matter what anyone has told you.

Without children, your strongest legal argument — the child’s best interests — is not available to you. What’s left is the partner route under Appendix FM, which requires showing “insurmountable obstacles” to your family life continuing outside the UK. And a separate question that most people don’t want to think about: whether going back to your home country to apply from there might actually be the better strategy.

We’re going to lay out both options honestly — including the downsides of each. This guide is not here to tell you what to do. It’s here to make sure you understand what you’re choosing.

Option 1: Apply From Inside the UK

The “Insurmountable Obstacles” Test

“Insurmountable obstacles” doesn’t mean “we’d rather stay in the UK.” It doesn’t mean “life would be harder in my home country.” It means there are very serious difficulties that would make it effectively impossible for you and your partner to continue your family life together outside the UK. The courts have been clear: ordinary difficulties of relocation — a lower standard of living, missing friends, a different climate — are not enough.

If your country of origin is safe, stable, and has a functioning economy and healthcare system, the Home Office and the Tribunal will know this. Your British partner can visit. They could even relocate. Arguing that your partner cannot possibly live in a country where there is no war, no persecution, no barrier to entry, and a reasonable standard of living — is almost always a losing argument. The Home Office maintains a list of safe countries, and most countries people migrate from are on it.

But “almost always” is not “always.” There are situations where the obstacles genuinely are insurmountable. If your British partner has serious health conditions requiring specialist UK treatment that isn’t available in your home country. If they have care responsibilities for a dependent relative they cannot leave. If there are specific, evidenced reasons why relocation would cause them very serious hardship beyond the ordinary difficulties of moving abroad. These cases exist, and when they do, the argument has real force.

The problem is that most people who think their case falls into this category are wrong. Not because they’re lying, but because they’re measuring “insurmountable” against how they feel rather than how the law defines it. That’s why a consultation matters. A solicitor can tell you honestly whether your specific circumstances clear this bar or not.

Article 8 Outside the Rules

Even where you don’t meet the Immigration Rules, a case can be made under Article 8 of the European Convention on Human Rights that refusal would be a disproportionate interference with your right to family life. In practice, without children, these cases succeed only where the circumstances are genuinely exceptional — where refusal would result in unjustifiably harsh consequences for you and your family.

For most people who have been in the UK for 3 to 7 years without status, this is not a realistic route to success. The Tribunal will weigh your private life against the fact that your entire residence has been unlawful and that your relationship was formed when you had no right to be here. That’s a very heavy weight on the other side of the scales.

What About Very Long Residence?

If you have lived in the UK continuously for 20 years — even if all of that residence was unlawful — there is a route under the Immigration Rules based on private life. Twenty years of continuous residence, properly evidenced, can give rise to a grant of leave regardless of how you entered.

For most people who arrived in their twenties and have been here for 5 or 7 years, this doesn’t apply. But if you’ve been here since you were a teenager and you’re now approaching 20 years, it’s worth knowing about.

The Honest Summary of Option 1

Applying from inside the UK without children is possible, but the odds are against you unless you have genuinely exceptional circumstances. If you succeed, you’ll be on the 10-year route to settlement — 30-month grants of limited leave, no recourse to public funds, renewal fees every time, and a decade before you can apply for ILR.

The advantage is that you stay in the UK throughout. You don’t face the separation. You don’t face the fear of leaving. For many people, that’s enough to make this the preferred option even knowing the odds are worse.

We understand that. Choosing to stay and fight from here is a legitimate decision, as long as you’re making it with open eyes about the prospects.

Option 2: Return to Your Home Country and Apply From There

This is the option nobody wants to think about. We’re not going to pretend otherwise.

Going back to your home country means leaving your partner, leaving your home, leaving the life you’ve built. It means months away, probably sleeping in a relative’s spare room, waiting for an application to be processed, watching the weeks go by. It’s lonely. It’s frightening. It’s not what you came here for.

We’re not going to dress that up. The emotional cost of leaving is real, and anyone who tells you it’s easy is either lying or has never done it.

But here are the facts that sit alongside that emotional reality:

The Numbers

If your British or settled partner meets the financial requirement (£29,000 annual income) and your relationship is genuine, you can apply for entry clearance as a partner from the British Embassy processing centre. This is a standard spouse visa application — the same one any couple would make. Processing time is typically 12 to 24 weeks.

If you succeed on the entry clearance route, you enter the UK on the 5-year route to settlement. Not the 10-year route. That’s five extra years of limited leave, renewal fees, and uncertainty that you avoid by doing it this way.

Re-Entry Bans: What They Actually Are

This is the part that frightens people most, and it’s the part where the facts are most different from the rumours.

If you’ve been in the UK without permission, there will be a re-entry ban after you leave. Since November 2025, these bans apply to partner visa applicants with the same force as everyone else — there is no longer any softer treatment for family route applications.

The length of the ban depends entirely on how you leave:

You leave voluntarily and pay your own fare: 12-month ban from the date you leave.

You leave voluntarily at public expense within 6 months of being told you’re liable for removal: 2-year ban.

You leave voluntarily at public expense more than 6 months after being told: 5-year ban.

You’re removed or deported: 10-year ban.

Any deception in an immigration application: 10-year ban.

The difference between choosing to leave and paying your own fare and waiting to be found and removed is the difference between 12 months and 10 years. That is not a small difference. That is the difference between being reunited with your partner next year and being banned from the UK until your children are in secondary school.

The Two Timelines, Side by Side

Return voluntarily and apply from your home country: 12 months (ban) + 3 to 6 months (processing) = roughly 15 to 18 months away. Then back in the UK on the 5-year route to settlement. Total time to ILR: roughly 6 to 7 years from now.

Apply from inside the UK after clandestine entry: Application + possible refusal + appeal = 12 to 24 months of uncertainty. Then (if you win) the 10-year route. Total time to ILR: roughly 11 to 12 years from now, assuming everything goes right.

Get found and removed: 10-year ban. Then application. Then 5-year route. Total time to ILR: roughly 16 years from now. Plus whatever time you spent in detention before removal.

The Honest Downsides of Returning

The numbers above make the return option look like the obvious choice. But numbers aren’t feelings, and we need to be honest about what the return period actually involves:

Separation is hard. Twelve to eighteen months apart from your partner is not nothing. It tests relationships. Some relationships don’t survive it. That’s a real risk, and pretending otherwise would be dishonest.

You’re going back to a country you left for a reason. Whether that reason was economic, personal, or something else, going back is not a holiday. You’ll be dependent on family, probably not working, waiting. It can feel like going backwards.

Nothing is guaranteed. Entry clearance applications can be refused. If your partner’s income doesn’t meet the threshold, or if the relationship evidence isn’t strong enough, or if there’s a problem you didn’t anticipate, you could be stuck in your home country with no visa and no easy way back. Proper legal preparation before you leave reduces this risk significantly, but it doesn’t eliminate it.

The rules could change. Immigration rules change. The financial threshold could rise. New requirements could be introduced. The risk is manageable — the partner visa route has existed for decades and is unlikely to be abolished — but it’s there.

Why Some People Still Choose to Stay

Knowing all of this, some people will choose to stay in the UK without status rather than leave. That’s a decision we respect, even when we think the maths points the other way. People aren’t spreadsheets. The fear of leaving is real, the separation is real, and for some people the certainty of being here today outweighs the possibility of being here legally in 18 months.

What we can’t respect is making that choice based on bad information. If you choose to stay, choose it knowing the real costs: no lawful work, no access to services, no travel, constant anxiety, and every year of illegal residence making a future application harder. And know that if the Home Office finds you and removes you, the ban isn’t 12 months. It’s 10 years.

A Note on the Illegal Migration Act 2023

If you entered the UK without permission on or after 7 March 2023, there may be additional legal complications arising from the Illegal Migration Act 2023. Although the worst provisions of that Act have been substantially softened, some residual restrictions remain. If this applies to you, it’s another reason to get proper legal advice before making any decisions.

The Decision Only You Can Make

This guide can’t tell you which option is right for you, because the answer depends on facts this guide doesn’t know: how strong your relationship evidence is, whether your partner meets the financial requirement, whether there are health or family factors that create genuine obstacles to relocation, how long you’ve been here, and a dozen other details that change the calculation.

What a consultation can do is give you the information to make that decision properly. We’ll assess your specific circumstances, tell you honestly which option has the best prospects, and explain what each path would look like from start to finish. Then the choice is yours.

Find out where you actually stand.
A consultation will tell you which route has the best prospects for your specific situation — and what each path really involves.
WhatsApp: 07849 608399 | Phone: 020 7112 8163
hello@migrantlawpartnership.com

Before You Pay Anyone: Read This

We put this section near the end of the guide because by now you understand the real legal framework. You know what the actual routes are, what they require, and how long they take. That matters, because it’s the only way to recognise a scam when you see one.

“I Know Someone Who Can Sort It for Cash”

This is the most dangerous myth of all, and it’s the one that costs people the most money.

Here’s how it usually works. Someone in the community — an agent, a fixer, a friend of a friend — tells you they can “sort your papers” for a cash payment. Maybe £3,000, maybe £5,000, maybe more. They might say they have a contact at the Home Office. They might say they know a special route. They might say they’ve done it for other people. They want cash. They don’t want a paper trail.

There is no back-door route to a UK visa. There is no contact at the Home Office who will grant you status for a payment. There is no special application that bypasses the Immigration Rules. Anyone who tells you otherwise is lying to you.

What actually happens when you pay:

Best case: They take your money and do nothing. You’re poorer but no worse off legally.

Worse case: They submit a bogus application in your name — perhaps using false documents or fabricated information. The Home Office detects the fraud (they are good at this). Your application is refused. You now have deception on your immigration record. That’s a 10-year mandatory ban. Not 12 months. Ten years. The agent has turned your 12-month problem into a decade-long one.

Worst case: They use your personal details for other fraudulent purposes. Identity theft, benefit fraud, further immigration fraud — all linked to your name.

We see the aftermath of these scams regularly. Clients come to us having paid thousands of pounds to agents, with nothing to show for it except a worse immigration record than they started with. The money is gone. The agent is unreachable. And the client is now facing a deception finding that makes every future application vastly harder.

How to Tell the Difference Between a Scam and a Real Solicitor

A scam: Asks for cash. Promises a guaranteed result. Won’t give you paperwork. Doesn’t have an office you can visit. Isn’t registered anywhere you can check. Tells you what you want to hear.

A real solicitor: Charges through a bank account with receipts. Tells you the risks as well as the prospects. Gives you a written client care letter. Is registered with the Solicitors Regulation Authority (you can check this online). Tells you the truth, even when it’s not what you want to hear.

You can check whether any solicitor is genuine on the SRA website at sra.org.uk. Our SRA reference is 597011. If someone claims to be a solicitor and you can’t find them on the SRA register, they are not a solicitor.

The Hardest Truth in This Guide

The reason scams work is not because people are stupid. It’s because the real options — the ones laid out in this guide — are slow, expensive, uncertain, and sometimes involve leaving the UK. The scam offers a shortcut past all of that. Of course it’s tempting.

But the shortcut doesn’t exist. The only routes to a visa are the ones described in this guide: the family route with children, the partner route with insurmountable obstacles, or returning to your home country to apply from there. They take time. They cost money (legal fees, application fees, the Immigration Health Surcharge). They require evidence and preparation. There is no alternative.

The £5,000 you’d give an agent for a fake solution is better spent on proper legal advice and a properly prepared application that actually has a chance of working.

Other Myths That Keep People Stuck

Bad information circulates in every community. These are the myths we hear most often from clients without immigration status. Every single one of them is wrong.

“Have a baby and you can stay”

Covered in detail above. A baby born today creates no immediate legal route. The law protects children who have established lives in the UK — years of residence, schooling, integration. Having a child as an immigration strategy is bad advice and a terrible reason to bring a person into the world.

“After 7 years they can’t remove you”

The 7-year rule is about children, not adults. A child who has lived continuously in the UK for 7 years becomes a “qualifying child” whose best interests carry legal weight. An adult who has lived here for 7 years without permission has 7 years of illegal residence. The two situations are not the same.

There is a 20-year rule for adults — 20 years’ continuous residence can give rise to a private life claim. But for someone who’s been here 3, 5, or 7 years, this doesn’t help.

“My friend applied and got status”

Your friend’s circumstances are not your circumstances. Different children, different length of residence, different evidence, different caseworker, different judge on appeal. What worked for someone else may not work for you. The only way to know is to have your own case properly assessed.

“The Home Office doesn’t remove people from my country”

Most countries people migrate from are on the Home Office’s safe country list or have returns agreements. Removal flights operate. Enforcement priorities change with political winds. Betting your family’s future on the Home Office being too busy to find you is not a legal strategy. It’s a gamble with your life.

“My boss can sponsor me for a work visa”

This comes up constantly with men working in construction. Since July 2025, the Skilled Worker visa requires the job to be at degree level (RQF Level 6). Most building trades — bricklaying, plastering, carpentry — are below this threshold.

There is a Temporary Shortage List that includes some construction roles, but it comes with serious limitations: the salary threshold is £41,700, the English language requirement is B2, the list expires at the end of 2026 and may not be renewed, and most construction workers are self-employed or subcontracted which makes employer sponsorship structurally difficult.

Most importantly: you cannot switch to a Skilled Worker visa from inside the UK without existing lawful status. You’d need to leave and apply from your home country — which brings you back to the same question as the partner route. The work visa is not a realistic option for most people in trades or lower-skilled work who entered without permission.

“A lawyer can fix anything”

No, we can’t. We can identify whether your case has a realistic prospect of success, advise on the best route, prepare and present your case properly, and advocate for you at a Tribunal hearing. We can make a strong case stronger and prevent a decent case being ruined by bad preparation. But we cannot manufacture a case that doesn’t exist. Any lawyer who promises a guaranteed outcome is lying to you — just like the agent who promises a visa for cash.

What to Do Next

Your situation is specific. This guide explains the framework, but your decision depends on the details of your life: how you entered, how long ago, whether you have children, your partner’s income and immigration status, your own immigration history, and a dozen other factors.

A consultation with us will tell you three things:

1. Which route applies to you — applying from within the UK based on your children’s position, applying based on insurmountable obstacles, or returning to your home country to apply for entry clearance as a partner.

2. What evidence you need — relationship evidence, children’s evidence, financial evidence, and how to address your manner of entry honestly and strategically.

3. What the realistic timeline and prospects look like — no false promises, no scare stories, just an honest assessment based on our experience of cases like yours.

We will be honest with you. If your best option is to return home and apply from there, we’ll tell you. If you have a strong case from here, we’ll tell you that too. If your case isn’t ready and needs more time or evidence, we’ll say so. Either way, you’ll leave knowing where you stand.

Book a Consultation
WhatsApp: 07849 608399 (fastest response)
Phone: 020 7112 8163
Email: hello@migrantlawpartnership.com
Bring someone to translate if you need to. We’ll make sure you understand everything.

Important Information

This guide is general information about UK immigration law. It is not legal advice about your specific situation. Immigration law is complex and changes frequently. The information in this guide is accurate as of the date shown above, but may have changed since then.

For advice about your circumstances, contact us to book a consultation.

This guide is also available in Albanian. Nëse flisni shqip, lexoni udhëzuesin tonë në shqip.

Migrant Law Partnership | Immigration Lawyers | SRA Reference 597011

The BusWorks, 39–41 North Road, London N7 9DP

Not sure about your options ? We can review your family’s position and tell you clearly what the options are. Book a free 15-minute consultation. No obligation. No pressure.

The post Your Partner is British But You Have No Visa: appeared first on Migrant Law Partnership.

You came to the UK legally. You did everything right. You got a job, you worked hard, you followed the rules. Then one day you get a letter from the Home Office telling you your visa has been “curtailed” because your sponsor’s licence has been revoked.

You have 60 days. Sometimes less.

This guide explains what’s actually happening, what your realistic options are, and what mistakes to avoid. If you’re reading this and your 60 days haven’t started yet—or you’re still in that window—contact us now. The earlier you act, the more options you have.

Why This Keeps Happening

The Home Office has dramatically increased enforcement against sponsors. Between July 2024 and June 2025, they revoked 1,948 sponsor licences—more than double the 937 revoked in the previous year.

Four sectors account for the vast majority of these revocations:

• Adult social care (care homes and domiciliary care)—consistently the most heavily targeted sector
• Hospitality (restaurants, takeaways, hotels, catering)
• Retail (particularly smaller high-street businesses)
• Construction

If you work in one of these sectors, your sponsor is statistically more likely to lose their licence than sponsors in other industries. That’s not a reflection on you—it’s a reflection on systemic compliance problems in these sectors and aggressive Home Office enforcement.

What Actually Happens When Your Sponsor Loses Their Licence

When the Home Office revokes your sponsor’s licence, they will curtail (shorten) your visa. You’ll receive a letter telling you how long you have left—usually 60 days from the date the sponsor’s licence was revoked.

During this period:

• You cannot work for your former sponsor (they no longer have a licence to employ you)
• You can work for a different licensed sponsor if you find one and apply to switch before your curtailed visa expires
• The clock is running whether you received the letter or not

The curtailment date is calculated from when the licence was revoked, not from when you found out about it. If your sponsor didn’t tell you, or you didn’t check your post, you may have already lost weeks.

Your Realistic Options

Option 1: Find a New Sponsor (The Best Outcome)

If you can find another employer with a valid sponsor licence who will hire you and apply for a Certificate of Sponsorship (CoS), you can apply to switch to a new Skilled Worker visa before your current visa expires.

This is the best outcome because:

• You stay legally in the UK
• You continue working
• Your time on a Skilled Worker visa continues to count toward settlement

But it requires:

• Finding an employer willing to sponsor you
• That employer having a valid licence (check the public register)
• The employer obtaining a CoS
• You submitting a complete application before your curtailed visa expires

60 days is not long. If you’re going to pursue this route, start immediately.

Option 2: Switch to a Different Visa Category

If you qualify for another visa category—for example, a family visa because you have a British partner, or a Graduate visa if you recently completed a UK degree—you may be able to switch before your visa expires.

This requires meeting all the requirements of the new category and submitting a valid application in time.

Option 3: Leave the UK

If you cannot find a new sponsor or switch to another visa, you should leave the UK before your curtailed visa expires. Overstaying has serious consequences:

• You become an “overstayer” on Home Office records
• Future visa applications will ask whether you’ve ever overstayed
• You may face a re-entry ban
• You lose the ability to make most in-country applications

Leaving voluntarily before your visa expires preserves your immigration history and keeps future options open.

What Usually Goes Wrong

We regularly see people contact us months after their visa was curtailed—often after they’ve already overstayed and made decisions that have damaged their case. Here’s what typically goes wrong:

Waiting Too Long to Act

The 60-day window feels longer than it is. By the time you’ve processed what’s happened, contacted your employer, started looking for new jobs, and realised you need legal advice, three or four weeks may have passed.

Not Knowing the Letter Arrived

If you’ve moved address and didn’t update your details with the Home Office, you may not receive the curtailment letter. The Home Office sends it to the address on your visa records. You are responsible for keeping that address current.

Believing Your Employer Will Fix It

Your employer might be appealing the licence revocation, or telling you everything will be fine, or promising to sort it out. That may or may not be true—but your 60-day clock keeps running regardless. Don’t wait for your employer to solve this. Act as if you’re on your own.

Claiming Asylum When You Don’t Have a Genuine Claim

We need to be direct about this. When people run out of options and face returning to a country they left years ago, some make an asylum claim—even when they don’t have a genuine fear of persecution.

If your asylum claim is based on your general circumstances rather than a well-founded fear of persecution, it will almost certainly fail. A failed asylum claim doesn’t just leave you where you started—it creates additional problems:

• You’ll have been living in the UK without permission to work
• Your case history now includes a refused asylum claim
• Any future applications will need to explain why you claimed asylum and why it was refused
• If you were referred to the National Referral Mechanism (NRM) as a potential victim of modern slavery, that process can take months or years—during which you cannot work and your options continue to narrow

We understand why people make these decisions when they’re desperate. But if you’ve gone down this route and it hasn’t worked out, the best thing you can do now is get proper legal advice about where you actually stand.

If Your Employer Did Something Wrong

You might be wondering whether your sponsor’s behaviour gives you any legal recourse. After all, you’re losing your visa because of something they did—not anything you did wrong.

The honest answer is: it depends what they did, but either way it probably doesn’t change your 60-day deadline.

If your sponsor lost their licence for compliance failures—poor record-keeping, not reporting staff changes, HR breaches—that’s their administrative problem. It doesn’t give you any special status, extra time, or grounds to stay. You’re still in the same position: find a new sponsor, switch visa category, or leave.

If your sponsor lost their licence for exploiting workers—not paying the salary they reported to the Home Office, making illegal deductions from your wages, confiscating documents, or other conduct that suggests modern slavery—the National Referral Mechanism (NRM) exists for genuine victims of exploitation. But as we’ve already said, this is a long process with uncertain outcomes. Being referred to the NRM doesn’t give you the right to work, doesn’t guarantee you can stay, and can leave you in limbo for months or years.

Employment claims are separate from immigration. If your employer owes you unpaid wages or breached your contract, you may have an employment tribunal claim. But that claim won’t extend your visa or give you permission to stay in the UK while you pursue it. You can sometimes pursue employment claims from outside the UK, but that’s a question for an employment lawyer, not an immigration one.

The difficult truth is this: even when your employer was clearly in the wrong, the immigration system treats you as someone whose visa conditions are no longer being met. Your moral position may be strong. Your legal position is still governed by the 60-day clock.

If You’ve Already Made Mistakes

If you’re reading this and your 60 days have already passed—or you’ve claimed asylum and it’s been refused, or you’ve been in the NRM process for months—your situation is more complicated, but it’s not necessarily hopeless.

What matters now is understanding exactly where you stand legally and what options, if any, remain open to you. That requires someone to look at your specific circumstances, your immigration history, and the timeline of what’s happened.

We can’t promise good news. But we can give you an honest assessment of your position and realistic advice about what comes next.

The 60-Day Rule: What You Need to Do Now

If your sponsor has just lost their licence—or you think they might be about to—here’s what to do:

This week:

1. Confirm the date your visa was curtailed (check your Home Office correspondence or your UKVI online account)
2. Calculate exactly how many days you have left
3. Start looking for new sponsored employment immediately
4. Get legal advice

Don’t:

• Wait to see what your employer does
• Assume you have more time than you do
• Make an asylum claim unless you genuinely have grounds for one
• Ignore correspondence from the Home Office

How We Can Help

If your sponsor has lost their licence and you’re still within your 60-day window, we can:

• Assess whether you have other visa options
• Advise on the practicalities of finding new sponsored employment
• Help you make a new visa application before time runs out

If you’ve already overstayed or made decisions that have complicated your case, we can:

• Give you an honest assessment of where you stand
• Advise on what options, if any, remain available
• Help you understand the realistic consequences of your situation

The earlier you contact us, the more we can do. If you’re still within your 60 days, don’t wait.

Contact Migrant Law Partnership:

• Phone: 020 7112 8163
• WhatsApp: 07849 608399
• Email: hello@migrantlawpartnership.com

The post What to do when your sponsor loses their licence appeared first on Migrant Law Partnership.

The Home Office announced in January 2026 that illegal working enforcement has reached the highest level in British history. The numbers are stark: over 17,400 raids since July 2024, more than 12,300 arrests, and £130 million in civil penalties issued to employers during 2025 alone.

For the businesses raided — and increasingly, those businesses include restaurants, hotels, care homes and construction sites, not just the car washes and nail bars of the headlines — the experience is disruptive, frightening and potentially devastating. Fines of £45,000 per illegal worker for a first offence are now routine. For sponsor licence holders, the consequences extend far beyond a penalty notice: a single enforcement visit can trigger licence suspension, putting every sponsored worker’s visa at risk.

Three things stand out from the latest figures.

The scope is expanding. The Border Security, Asylum and Immigration Act 2025 will extend right-to-work obligations to gig workers, subcontractors and agency staff for the first time. Operational guidance is expected in 2026–27, but employers who rely on flexible labour should be preparing now.

The methods are changing. The Home Office is cross-referencing HMRC PAYE data against its Sponsor Management System and conducting remote desk audits. You no longer need a tip-off to attract attention — a data discrepancy is enough.

The gap between raids and outcomes is significant. Of nearly 9,000 arrests in 2025, only around a quarter resulted in detention and roughly 12% in the person actually leaving the UK. That means a large number of businesses — including many where no wrongdoing was found — experienced the full disruption of an enforcement visit with no immigration consequences at all.

None of this is an argument against compliance. It is an argument for taking it seriously before enforcement arrives rather than after.

What employers need to know

We’ve published a detailed guide covering the full picture: the penalty framework, the expanding legal obligations, what actually happens during a raid, your rights when Immigration Enforcement arrives, and what to do if you receive a civil penalty notice. Read the full guide: Illegal Working and Employer Compliance →

If you hold a sponsor licence, or if your business operates in a sector that is being actively targeted — hospitality, care, construction, retail — the guide is worth reading now, not after you receive a visit.

How we can help

At Migrant Law Partnership, we conduct sponsor licence compliance audits, advise on right-to-work procedures, and represent employers facing civil penalties or licence action. If you’re not sure whether your systems would survive an enforcement visit, we can tell you.

The post Illegal Working Raids Hit Record Levels — What It Means for Employers appeared first on Migrant Law Partnership.

How Part Suitability (Formerly Part 9) Decides Whether the Home Office Says No

Last updated: March 2026

Every immigration application has two tests. The first is whether you qualify — the right visa, the right documents, the right salary, the right relationship. Most people focus on this. The second test is whether the Home Office considers you suitable. This is where your past comes in.

You can meet every eligibility requirement perfectly and still be refused — because of a criminal conviction, a period of overstaying, a lie on a previous application, or something else in your immigration history that the Home Office considers a reason to say no. These are the suitability grounds, and they apply to almost every immigration route.

Since November 2025, the rules governing suitability have been consolidated into a new section called Part Suitability, replacing the old Part 9 (General Grounds for Refusal). If you’ve been reading about Part 9 elsewhere, you’re reading about the old law. The framework is similar, but the new rules are stricter in some important ways — particularly for family and private life applications, which used to have more generous treatment.

This guide explains the distinction that matters most in practice: the difference between a mandatory refusal ground (where the Home Office must refuse your application) and a discretionary one (where it may refuse, but doesn’t have to). Understanding which side of that line your issue falls on is usually the single most important thing you can know before you apply.

The Framework: Mandatory vs Discretionary

Part Suitability works on a simple principle. Some things are so serious that the Home Office has no choice: the application must be refused. Other things are serious enough to justify refusal, but the caseworker has discretion to consider the circumstances and may still grant the application.

Mandatory refusal — The caseworker has no discretion. If the ground applies, the application must be refused. It does not matter how strong the rest of your case is, how long you have been in the UK, or how sympathetic your circumstances are. The application fails.

Discretionary refusal — The caseworker can take the issue into account but is not required to refuse. How the discretion is exercised depends on the seriousness of the issue, any mitigating circumstances, and the overall picture. This is where the quality of your representations matters.

The distinction sounds academic. In practice, it is the difference between an application that has no realistic prospect of success and one that is difficult but winnable. Most people who come to us with “character issues” are in the discretionary category — which means the outcome depends on how the case is presented.

Criminality

This is the ground that frightens people most, and the one where the mandatory/discretionary distinction matters most.

Mandatory refusal

If you have been convicted of a criminal offence and received a custodial sentence of 12 months or more, your application must be refused. There is no time limit on this. It does not matter whether the conviction was 5 years ago or 30 years ago. It does not matter that you have been a model citizen since. Under the rules as written, the caseworker has no discretion to overlook it.

This is the harshest of the suitability grounds and the one that catches people who assumed their old conviction was “spent” or forgotten. The Rehabilitation of Offenders Act, which treats some convictions as spent after a period of time, does not apply to immigration decisions in the same way. A conviction that would not show up on a standard DBS check can still be a mandatory refusal ground for immigration purposes.

Is it really absolute? The rules say it is. The caseworker guidance says it is. But the Home Office retains a residual discretion to grant leave outside the Immigration Rules in exceptional circumstances, and there is at least one reported case where the Home Office conceded a judicial review rather than defend a mandatory refusal based on a very old overseas conviction. This is not a route you can plan on — but it means that even in the worst scenario, taking advice before giving up may be worthwhile.

Discretionary refusal

If your conviction resulted in a custodial sentence of less than 12 months, a non-custodial sentence, or an out-of-court disposal recorded on your criminal record, the Home Office may refuse your application. It does not have to.

This covers a very wide range of situations — from a community order for a minor offence years ago to a suspended sentence for something more serious. What matters in practice is the nature of the offence, how long ago it was, what has happened since, and whether there is a pattern. A single minor conviction from several years ago, with no further offending, is treated very differently from a recent pattern of offending.

The discretionary ground also covers persistent offending and offences causing serious harm, even where individual sentences were short. This is where representations matter — the caseworker needs a reason to exercise discretion in your favour, and that reason needs to be clearly set out in the application.

Deception and False Representations

Part Suitability draws an important distinction between deception and false representations. They sound similar. They are not treated the same way.

Deception is mandatory. If the Home Office is satisfied that you used deception in a current or previous application — meaning you deliberately lied or submitted false documents knowing they were false — the application must be refused. A finding of deception can also trigger cancellation of any existing leave, including leave extended by section 3C while an application is pending. This is one of the most damaging findings the Home Office can make.

False representations are discretionary. This covers situations where false information was submitted but without deliberate dishonesty — for example, an error by an adviser, an incorrect document submitted by a third party, or information that turns out to be wrong but was not knowingly false. The Home Office may refuse on this basis, but the caseworker has discretion. Crucially, false representations can be engaged even where the applicant did not know about the false information. This means you can be held responsible for your adviser’s mistakes or your sponsor’s errors.

The practical lesson: if you discover that something incorrect was submitted in a previous application, it is almost always better to disclose it proactively and explain what happened than to hope no one notices. An honest correction is much easier to work with than a deception finding.

Previous Breaches of Immigration Law

Overstaying, working without permission, breaching visa conditions — these are all immigration breaches, and they can all trigger suitability grounds. Whether refusal is mandatory or discretionary depends on timing and seriousness.

Mandatory refusal

If your application is made within the re-entry ban period that applies to your breach, refusal is mandatory. The ban periods depend on how you left the UK and the circumstances of your overstaying:

• 12 months — if you left voluntarily, at your own expense, and not at a time when removal directions were in force
• 2 years — if you left voluntarily at your own expense but when removal directions were in force
• 5 years — if you were removed or deported from the UK at public expense
• 10 years — if you were deported or removed and used deception in a previous application

Discretionary refusal

Outside the re-entry ban periods, past immigration breaches become a discretionary ground for refusal. But “discretionary” does not mean “forgotten.” The Home Office can still refuse if you previously contrived to frustrate the intention of the rules, or if there are aggravating factors such as using a false identity, failing to report, or absconding.

This is particularly relevant for people applying for settlement on the 10-year route. A common and costly assumption is that overstaying before the 10-year qualifying period started is automatically disregarded. It is not. If your overstaying involved illegal working, absconding, or any form of deception, the Home Office may still consider it when assessing your suitability — even if it happened more than a decade ago. We explain this in more detail in our guide to the good character requirement in settlement applications.

Non-Conducive to the Public Good

The broadest suitability ground is the “non-conducive” provision, which allows the Home Office to refuse an application where your presence in the UK is not considered conducive to the public good. This is the catch-all. It can be applied on the basis of character, conduct, associations, or other reasons not covered by the more specific grounds.

In practice, the non-conducive ground is most commonly used in cases involving national security concerns, involvement in extremism, or where the Home Office considers someone’s presence to be against the public interest for reasons that do not fit neatly into the criminality or deception categories. It is discretionary in most cases, but mandatory where the Secretary of State has personally directed that someone’s exclusion or removal is conducive to the public good.

What Changed in November 2025

The replacement of Part 9 with Part Suitability was not simply a renaming exercise. The most significant change is that Part Suitability now applies to family and private life routes — Appendix FM, Appendix Private Life, Appendix Adult Dependent Relative, and Appendix Settlement Family Life — which previously had more generous treatment under their own suitability provisions.

Under the old rules, an applicant under Appendix FM who fell foul of a Part 9 ground could still succeed if refusal would breach their human rights under Article 8 of the European Convention. The GEN.3.2 “safety valve” allowed caseworkers to grant applications where refusal would result in unjustifiably harsh consequences for the applicant or their family.

Part Suitability narrows this. While human rights obligations still apply in principle, the amendments to Appendix FM limit when GEN.3.2 can override a suitability refusal. The practical effect is that applicants with character or conduct issues on family and private life routes now face a harder path than they did before November 2025.

If you applied or were refused under the old Part 9 rules, different provisions may apply to your case. If you are applying now, you need to understand the Part Suitability framework as it currently stands.

What This Means in Practice

If your issue is mandatory: The starting point is that the application will be refused if you apply. That does not necessarily mean you have no options — but it means the options are narrow, complex, and usually involve arguments outside the Immigration Rules (human rights, judicial review, or representations for leave outside the rules). You need specialist advice before spending money on an application.

If your issue is discretionary: The application is not doomed, but it needs to be handled carefully. The caseworker needs to understand what happened, when, why, and what has changed since. A bare application with no representations, or representations that try to hide or minimise the issue, is the most common way discretionary cases turn into refusals. The most effective approach is honest, well-evidenced, and structured to show the caseworker why discretion should be exercised in your favour.

If you are not sure which category you fall into: This is the most important reason to take advice before you apply. The difference between a mandatory ground and a discretionary one can come down to the length of a sentence (12 months is the threshold), the precise wording of a previous refusal letter, or whether something counts as “deception” rather than “false representations.” The financial consequences of getting this wrong are severe — a refused ILR application costs £2,885 in non-refundable fees alone, and a refusal on suitability grounds will complicate every future application.

Part Suitability and Earned Settlement

If you are planning to apply for settlement, Part Suitability does not exist in isolation. The proposed earned settlement system expected from April 2026 introduces its own penalties for past immigration breaches and character issues — penalties that are applied on top of the suitability requirements, not instead of them.

Under the proposed system, the same criminal conviction that triggers a discretionary suitability ground could also add years to your qualifying period for settlement. And the same overstaying history that makes your suitability assessment difficult could result in a baseline of 15, 20, or even 30 years before you qualify for ILR. We explain the earned settlement proposals in detail in our guide to Earned Settlement ILR from 2026.

The interaction between Part Suitability and earned settlement means that for anyone with past issues, the decisions you make now — including when to apply, what to disclose, and how to present your history — may determine not just whether this application succeeds, but how long your entire route to settlement takes.

When You Need Advice

If you have a clean immigration history and no criminal record, Part Suitability is unlikely to affect your application. You still need to meet the eligibility requirements for your route, but suitability should not be a barrier.

You should take advice before applying if:

• You have any criminal conviction, however old or minor
• You have ever overstayed, worked without permission, or breached visa conditions
• A previous application was refused, particularly if the refusal mentioned deception or false representations
• You are unsure whether something in your past would count as a suitability issue
• You are applying for settlement and have any concerns about the good character requirement
• You applied or were refused under the old Part 9 rules and want to understand how Part Suitability affects your next application

The cost of advice before you apply is almost always less than the cost of a refused application. A non-refundable ILR fee of £2,885, a refusal on your record, and the stress and delay of starting again — these are the consequences of guessing when you should have asked.

Worried about a suitability issue? We can review your immigration history, identify whether any suitability grounds apply, and advise on the safest way to proceed. Book a free 15-minute consultation. No obligation. No pressure.

This guide explains how Part Suitability generally applies. It is not a substitute for advice on your specific facts. The interaction between suitability grounds, route-specific rules, and human rights obligations is complex, and the outcome of any application depends on individual circumstances. If you have any concerns about suitability, take advice before applying.

© Migrant Law Partnership 2026  |  migrantlawpartnership.com

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What Dual National Parents Actually Need to Know

Last updated: March 2026

You’re a British citizen living abroad. You’ve got children. You’ve always assumed they’re British too. Why wouldn’t they be?

Then the new ETA rules arrive, or you try to get a passport for your child, or you move back to the UK and discover that your son or daughter is subject to immigration control — just like any other foreign national.

British nationality law does not work on assumptions. Whether your child is British depends on questions most parents have never thought about: where you were born, how you became British, whether you were married when the child was born, and when the child was born. Get the combination wrong and your child may not be British at all — even if both parents are.

This guide explains the main situations, what you can do about them, and where the real risks sit. It is not a substitute for advice on your specific facts, because nationality cases turn on details that look minor but aren’t.

The Distinction That Determines Everything

British nationality law divides citizens into two categories. The labels sound like something from a Victorian statute (because they are), but they control whether your child inherits your citizenship:

British citizen “otherwise than by descent” — You became British in your own right. Typically this means you were born in the UK to a British or settled parent, or you naturalised, or you registered as a citizen while living here. You can usually pass citizenship on to your children born abroad. They become British automatically at birth.

British citizen “by descent” — You inherited your citizenship from a parent because you were born outside the UK. This is the first generation born abroad. You are fully British, with all the same rights. But you generally cannot pass citizenship on automatically to your own children if they are also born outside the UK. This is where the problems start.

Most parents have no idea which category they fall into. If you were born in the UK, you are almost certainly British otherwise than by descent — and your children born abroad will usually be British automatically. If you were born outside the UK and inherited citizenship from your parents, you are probably British by descent — and your children born abroad are probably not British at birth.

That single distinction — where you were born — determines whether your child needs a registration application, a passport application, or something else entirely.

Scenario 1: You Were Born in the UK

If you were born in the UK and are a British citizen, your child born abroad will usually be a British citizen automatically — by descent. You do not need to register them. You can apply directly for a British passport.

This is the straightforward scenario and it covers a large number of dual national families. Your child is British from birth, by operation of law, and the passport is simply the proof of something that already exists.

But note: your child will be British by descent. That means if your child later has children of their own outside the UK, those grandchildren will not be British automatically. The citizenship passes down one generation abroad, not indefinitely. This matters more than most people think, particularly for families who have been living overseas for a long time.

The exception: if you were born in the UK after 1 January 1983, you are only automatically British if at least one of your parents was British or settled here at the time of your birth. Being born in the UK is not enough on its own for anyone born after that date. If there is any doubt about your own status, that needs to be resolved before you can be sure about your child’s.

Scenario 2: You Were Born Abroad and Are British by Descent

This is where families get caught out. You are fully British. You have a British passport. You vote, you pay tax, you consider yourself as British as anyone. But because you inherited your citizenship from a parent — rather than acquiring it in your own right — the law treats you differently when it comes to your children.

If your child is born outside the UK, they are not automatically British. They may be able to become British, but only through registration. That is an application to the Home Office, with a fee (currently over £1,000), evidence requirements, and the possibility of refusal.

There are two main registration routes:

Route A: Section 3(5) — Family Living in the UK

If your family has moved to the UK (or a qualifying British overseas territory), your child may be entitled to register as British under section 3(5) of the British Nationality Act 1981. The key idea is that the child, the British‑by‑descent parent, and (usually) the other parent have actually been living here for a few years before you apply.

The requirements, in broad terms, are:

• The child was born outside the UK to a parent who is British by descent.
• The child and both parents have lived in the UK together for a continuous period of three years ending on the date the Home Office receives the application (or in a qualifying British overseas territory instead of the UK).
• The child, and both parents, were physically in the UK at the start of that three‑year period.
• Neither the child nor either parent has been absent from the UK for more than 270 days in total during those three years (and there is no discretion to ignore extra absences).
• The child is under 18 on the date of application and, if aged 10 or over, meets the “good character” requirement.
• Both parents consent to the application, unless the law allows one parent’s consent to be enough because of death, separation or similar reasons.

The crucial advantage of this route is that a child registered under section 3(5) becomes British otherwise than by descent. That means they can pass citizenship on automatically to their own children born abroad, breaking the one‑generation‑abroad limit.

Route B: Section 3(2) — Grandparent Connection

If the family is still living abroad, there may be a route through a UK‑born (or otherwise than by descent) grandparent under section 3(2). This looks at the British‑by‑descent parent’s links to the UK before the child was born.

Under section 3(2), a child born abroad can have an entitlement to register as British if:

• The child was born outside the UK on or after 1 January 1983.
• One parent (the “parent in question”) was a British citizen by descent at the time of the child’s birth.
• The child’s grandparent (that parent’s mother or father) became, or would but for their death have become, a British citizen otherwise than by descent — either on 1 January 1983 or at the time of the parent’s own birth.
• The British‑by‑descent parent lived in the UK for a continuous period of three years at any time before the child was born, was physically present in the UK at the start of that period, and was not absent for more than 270 days in total during those three years.
• Both parents consent to the application, unless an exception applies.

A child registered under section 3(2) becomes British by descent. The generational limitation therefore continues: if that child later has their own children abroad, those children will not normally be British automatically.

Scenario 3: The Second Generation Abroad — The Real Trap

Here is where the system catches families completely off guard.

Imagine: your parent was born in the UK (British otherwise than by descent). You were born abroad (British by descent). You have a British passport. Your child is born abroad too. Your child is not British at birth. If the conditions for registration under section 3(2) or 3(5) are not met — perhaps because the parent never lived in the UK for three years, or because the grandparent’s status doesn’t quite fit — then the child has no entitlement to register.

The child may still be able to register at the Home Secretary’s discretion under section 3(1), but discretion means exactly that: there is no guarantee. The Home Office will look at the child’s connections to the UK, whether the family intends to live here, and whether registration would be in the child’s best interests. These applications need to be carefully prepared.

This scenario is more common than you’d think. British families who emigrated a generation or two ago — to Australia, Canada, South Africa, the Gulf states — often discover that their grandchildren have no claim to citizenship at all, despite the family considering itself thoroughly British. The new ETA rules are making this visible for the first time, because the child now needs an ETA or visa to visit the UK.

The Unmarried Father Problem

British nationality law has a long and uncomfortable history with unmarried fathers. Until 1 July 2006, a child could only acquire British citizenship automatically through their father if the parents were married. An unmarried British father could not pass on his citizenship to his child, even if he was named on the birth certificate and had always been part of the child’s life.

This was eventually recognised as unfair, and Parliament introduced provisions to allow registration for people affected:

• Section 4F allows a person born before 1 July 2006 to an unmarried British father to register as British, provided there is evidence of paternity and the father was British at the time of birth.
• Section 4G covers people who would have been entitled to register under another provision (like section 3(2) or 3(5)) if their parents had been married.
• Section 4L is a broader provision for anyone who missed out on citizenship due to “historical legislative unfairness, an act or omission of a public authority, or exceptional circumstances.” This is the safety net, but it requires a carefully argued application.

These provisions exist because the law was wrong, and they matter enormously to the people affected. But the applications are not straightforward. You need to show what would have happened if the law had been different — which means understanding the alternative legal pathway and building the evidence to support it. This is specialist work.

Children Born in the UK to Non-British Parents

This is the other side of the coin. If your child was born in the UK but neither parent was British or settled at the time, your child is not automatically British. Birth in the UK has not been enough on its own since 1 January 1983.

However, the child can become British if:

• A parent becomes settled or British while the child is still under 18. The child can then register under section 1(3) of the British Nationality Act 1981.
• The child lives in the UK for the first ten years of their life without being absent for more than 90 days in any of those years. They can then register under section 1(4). If the child is over 10, a good character requirement also applies.

For families where the parents are on a route to settlement — for example, on a spouse visa or a skilled worker visa — the timing of the child’s registration application matters. If you are planning to apply for ILR, consider whether it is worth registering the child at the same time, because the parent’s settlement may unlock the child’s right to register.

What the New ETA Rules Have Changed

The ETA system that took effect in February 2026 has not changed nationality law. It has not made anyone more or less British. What it has done is make the consequences of unresolved nationality status visible in a way they never were before.

Previously, a family could muddle through. A child without a British passport could travel on their other nationality, produce some documents at the border, and usually get in. The ETA system has closed that gap. Airlines now check nationality status electronically before boarding, and if the system does not recognise your child as British, the airline will not let them fly — or will require an ETA, which is not designed for people who are actually British.

If you have been putting off sorting your child’s nationality status, the new rules have turned “I’ll deal with it later” into “I need to deal with it before we book flights.”

Practical Steps

Step 1: Work out your own status. Are you British otherwise than by descent, or British by descent? If you were born in the UK, you are almost certainly the former. If you were born abroad and inherited citizenship from a parent, you are probably the latter. If you are not sure, check before doing anything else — your child’s entitlement depends on yours.

Step 2: Check whether your child is automatically British. If you are British otherwise than by descent and your child was born abroad, they are almost certainly British automatically. Apply for their passport. If you are British by descent and your child was born abroad, your child is not automatically British. You need to consider registration.

Step 3: If registration is needed, identify the right route. Section 3(5) is preferable to section 3(2) because it gives the child a stronger form of citizenship. But it requires the family to have lived in the UK. Section 3(2) can work from abroad but depends on the grandparent’s status. If neither fits, discretionary registration under section 3(1) may be possible but is not guaranteed.

Step 4: Do not assume it is simple. The registration fee is over £1,000 and is not refunded if the application fails. The application form (MN1) is long and technical. Getting it wrong wastes money and, more importantly, time — particularly if the child is approaching 18, after which the registration routes close and they must apply as an adult through naturalisation instead.

When You Need Advice

If you are British otherwise than by descent and your child was born abroad, you probably do not need a lawyer. Apply for the passport.

You should take advice if:

• You are British by descent and your child was born abroad
• You are not sure whether you are British by descent or otherwise than by descent
• The child’s parents were not married at the time of the birth (particularly if the child was born before July 2006)
• The child is approaching 18 and has not been registered
• A previous application has been refused
• The child was born in the UK but is not British because neither parent was settled at the time
• You think there may be a claim based on historical unfairness (sections 4F, 4G, or 4L)

We advise on complex nationality and registration cases, including where the route is unclear or where discretion needs to be exercised. A short, focused conversation is almost always cheaper than a refused application.

Not sure whether your child is British? We can review your family’s nationality position and tell you clearly what the options are. Book a free 15-minute consultation. No obligation. No pressure.

This guide explains how the law generally applies. It is not a substitute for advice on your specific facts. Nationality law is technical, and small differences in circumstances can produce very different outcomes. If you are unsure about your child’s status, take advice before making an application.

© Migrant Law Partnership 2026  |  migrantlawpartnership.com

Immigration Guides

The post Is My Child British? appeared first on Migrant Law Partnership.

From 25 February 2026, dual British citizens meet a new kind of border: the airline’s computer. If that system does not recognise you as British or clearly having right of abode for a UK‑bound flight, “computer says no” can mean you simply do not fly.

Step 1 – Booking the ticket: low‑risk stage

Booking is usually the least important part, document‑wise.

• You can normally put in either your British passport or your other passport. The reservation is not welded to that document for life in the airline’s system.
• You can appear in the booking as “British” or as your other nationality; nobody at the gate really cares what you clicked three weeks ago if, on the day, the airline records the right passport for the UK‑bound leg.

If you want to keep life simple, use your British passport details for the UK‑bound leg from the start. But if you booked with the other passport to get a fare, or to satisfy another country, it is not fatal – you can fix things later when the airline actually records your travel document at check‑in.

Step 2 – Online check‑in for the UK leg: where “computer says no” appears

This is where the new rules bite, because the airline’s online check‑in system now has to enforce “no permission, no travel”.

For a flight to the UK, that system tries to put you in one of two boxes:

• Box A – British/Irish/right of abode: no ETA, but must show a British/Irish passport or a Certificate of Entitlement.
• Box B – Everyone else: needs ETA or visa.

If you try to check in online using only your non‑British passport, the airline’s system treats you as Box B and starts demanding an ETA or visa. When you are actually British, that is how you end up in full “computer says no” territory.

As a dual British citizen you are not meant to solve this by applying for a UK ETA as a foreign visitor. The Home Office position is that you travel as British/Irish, or with right of abode, not as a tourist on an ETA.

So for the UK‑bound leg, the safest moves are:

• Add or switch your travel document in the airline’s app or website to your British passport where it allows it.
• If you travel on a Certificate of Entitlement, enter the details of that passport and certificate exactly as shown, and if the airline’s online system still sulks, abandon online check‑in for that segment and plan to use a staffed desk.

If the app simply will not let you change anything, do not waste hours arguing with it. Use it for other legs if you like, but accept that the UK‑bound flight will need a human to update the document details in the airline’s system at the airport.

Step 3 – Check‑in at the airport: where it actually gets decided

The real gatekeeper is the airline’s airport check‑in system for the UK‑bound flight. The staff are just doing what their screen tells them.

To be boarded to the UK, you must be able to hand over either:

• A valid British (or Irish) passport, or
• Your other passport with a Certificate of Entitlement to the Right of Abode stuck in it.

If all you show is a plain non‑British passport, the airline’s system is likely to say: “No ETA, no visa, no travel”, and the agent may not be allowed to override that just because you say “but I’m British really”.

What to actually do at the desk:

• Hand over your British passport (or certificate‑bearing passport) first, even if the booking shows your other nationality. That lets the airline record you correctly in its system for the UK‑bound leg.
• If the agent looks puzzled because the reservation has different details, something like this usually works:
  “I’m a dual national. I’m travelling to the UK as a British citizen, so this is the passport for this leg.”
• If needed, ask them to update the passenger document record for the UK segment to match the British passport. Most airline systems allow this.

What not to rely on is turning up with only a foreign passport plus an old UK passport, birth certificate or naturalisation certificate and expecting airline IT to cope. Those documents prove your rights in law; they do not automatically satisfy the airline’s “no permission, no travel” checks.

Step 4 – Using two passports on one trip: the choreography

Many dual nationals still need the non‑British passport for the other country on the itinerary – for example, where they live now.

A simple pattern that works in most cases:

• Leg to the UK
  • At airline check‑in: show the British passport (or certificate) so the airline’s system classifies you as British or right of abode, not as someone who needs an ETA.
  • At the other country’s border (exit/entry): show whichever passport that country requires from its own citizens or residents.
• Leg back from the UK
  • Leaving the UK: you can show your British passport.
  • Entering your other country: show your non‑British passport if that is what that state expects from its nationals.

So in practice you might book with passport A, have the airline record passport B for the UK flight in its system at check‑in, and then use passport A again to satisfy your other country – as long as, for the UK‑bound leg, the airline’s records show you as British/Irish or right of abode.

Step 5 – Classic ways to get yourself stranded

A few patterns are likely to end in an argument at the desk – and another round of “computer says no”:

• Treating the new rules as if nothing has changed, and rocking up for a UK flight with only your non‑British passport plus “evidence” that you are British. The airline’s system is not set up to adjudicate nationality from a bundle of paperwork at the counter.
• Trying to dodge the problem by getting a UK ETA in your foreign identity, when in reality you are a British citizen. That is not what the scheme is for, and it may backfire inside airline and Home Office systems.
• Letting your British passport expire and telling yourself you will sort it “when you next go to the UK”, then discovering at the airport that “next Tim/e” is today. From 25 February 2026, that is a boarding issue in the airline’s system, not just paperwork procrastination.

If you are a dual British citizen flying to the UK after 25 February 2026, the airline’s computer has the final say. Book however you like, but for the UK‑bound flight you must show your British passport (or a passport with a Certificate of Entitlement) so the airline can code you correctly. If you do not, do not be surprised when the computer says no

Migrant Law Partnership

Dual Citizenship-What you need to know

Postscript: who is most likely to be caught by the ETA rules?
If you are visiting the UK for up to 6 months and you do not normally need a visa, you will usually need an ETA from 25 February 2026. This includes, for example, people travelling on passports from EU and EEA countries (except Ireland), Switzerland, the United States, Canada, Australia, New Zealand, Japan, South Korea and many Gulf states such as Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE. This is only a sample list – you should always check the official ETA national list, together with the visa‑nationals list, to see whether you fall into the “ETA, not visa” category.
In practice, the new rules are most likely to catch out British dual nationals who live long‑term in countries with large UK communities – for example Canada, Australia, New Zealand, the United States, South Africa and popular EU countries such as Spain, France, Germany, Portugal and Ireland – especially where children have never held a British passport and normally travel only on their “other” passport.

The post Travelling as a Dual British Citizen After 25 February 2026: Avoiding “Computer Says No” appeared first on Migrant Law Partnership.