Immigration law achieves equality – at last

CofAIt has been an elephant in the room.

The law that a child born in the United Kingdom could be deported from his birthplace simply because the parents were not married.

If the Immigration Act 2014 is to be considered harsh, it has definitely revealed a soft spot in repealing the law that a child born in the United Kingdom before 2006 could only obtain British citizenship through a British mother if the parents were not married.

Prior to 2006 a child could only obtain British citizenship through his British father if the parents were married.

The law changed on 1 July 2006 and children born in the United Kingdom after this date could obtain British citizenship through either British parent – even if they were not married.  The problem being that the law was not retrospective so children of British fathers faced deportation along with their foreign national mothers.

The new law is set to come into force on 6 April 2015.  This means that many children who may already have been removed from the United Kingdom should be reviewing their UK immigration status.

Watch this space to see how this all unfolds in the coming months..

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Rachel Toussaint is a Consultant Solicitor at Rogols Consultancy, Birmingham UK.  She is a human rights advocate especially as it relates to immigration, family law & civic duty.  In her blog she shares legal tips to empower clients to quickly and effectively resolve their legal disputes. http://www.racheltoussaint.wordpress.com

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