Are you going through family law proceedings? Did you come here from overseas?

Family law proceedings are stressful. The emotions, the costs and the time involved all make it hard to focus on anything else. It is easy to think that immigration or nationality matters can be left until later. But that is a mistake.

A person's uncertain immigration or nationality status impacts their ability to travel and access basic rights as a resident or a citizen of this country.?At Ansar, we often deal with cases where there is an overlap between family and immigration proceedings. We know that it is crucial to address all family and immigration issues as early as possible. We work closely with family lawyers at other firms to seek to avoid delays, costs and confusion.?

Clarifying Immigration Status

A recent case in the Family Court has stressed the need to clarify immigration status. The case concerned an individual with a Special Guardianship Order (SGO): a UK legal arrangement granting close relatives the right to care for a child. The Special Guardian was seeking court assistance to obtain British citizenship for the child, to enable a visit to a sick family member in Turkey. It was argued that the child’s ongoing lack of status effectively made her stateless and prevented her from travelling.??

Normally, a person would seek British citizenship by making an application to the Government. Here, however, the Government had refused the child’s application due to insufficient evidence, stemming from the biological mother's unclear immigration status. As a result, the Special Guardian tried to use the ongoing UK family law proceedings to obtain British citizenship for the child.

This may have seemed a practical approach, but it ignored some key principles. There is a separation of powers between the courts on the one hand and the Government on the other. The Government has important legal powers in immigration and nationality matters. Courts in family law proceedings should not allow their processes to be used in an improper manner to affect the Government's ability to exercise those powers.

In this Family Court case, the court agreed to authorise the disclosure of certain documents to the Government to facilitate the citizenship application – but it refused to ask the Government to grant British citizenship. The court also commented that it is important to address immigration status at the outset of proceedings.?

Our comment

It is particularly unfortunate that this child's nationality status was not resolved earlier. Delay can affect anyone, but it can be especially serious for children. It is essential to focus on their best interests. This is a good example of a case where early collaboration between family and immigration law specialists could have been very helpful for all involved.?

More broadly, we understand that courts often cannot issue final orders in family court proceedings (such as custody or visitation arrangements) until immigration status is clarified. For example, if a guardian’s right to remain in the UK is uncertain, a family court may be reluctant to impose a final order which may later be undermined by separate rulings in immigration proceedings. The delay involved can be frustrating for families - but it may at least provide some finality, in the end.

In addition, there are many situations when a person’s immigration or nationality status may be more complicated than expected, for example:?

• Adults with old immigration documents: Many people who entered the UK a long time ago received their immigration status on documents that have now expired. This will not necessarily mean that their immigration status itself has expired.
• Children born outside the UK: The nationality status of these children will depend on many factors, including their parents' nationality and how they obtained their nationality. Nothing can be assumed.
• Children born inside the UK: It has long been the case that birth inside the UK does not guarantee British citizenship. Conversely, a child may be British even though neither of their parents is British.

It is essential not to assume a person's immigration or nationality status.

Conclusion

Without clarity on immigration or nationality status, families risk instability. In this context, establishing status is not merely a legal formality: it is a critical factor that influences the entire family law process. To prevent complications, families should engage both immigration and family lawyers from the outset for the benefit of all parties involved.?

At Ansar, we have many years of experience helping families to navigate these complexities. If any of these issues affect you, contact us to book a consultation.?

We would like to thank Crystal Stewart for her assistance with this article.

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