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...