‘Although China’s Marriage Law states that children born outside of marriage have the same rights as those born to married parents, children born out of wedlock continue to be considered to be “outside of policy” under the two child policy. Single mothers must pay social compensation fees and all medical expenses associated with giving birth. State subsidies for maternal and child services are available only with the permission of family-planning authorities, who require a proof of marriage.
As a consequence, many single mothers give birth outside of medical facilities with associated complications for both mother and child. Single mothers can find it difficult to obtain birth certificates. Children born outside of policy are not eligible for hukou and the health and education services that registration provides.’ - DFAT, ‘country report’ (section 3.112), 21 December 2017.
We have recently had a Chinese client who is a single mother of a child born in the UK out of wedlock and was in serious trouble with her child’s future. She and her child lived in the UK for seven years but the child didn’t have any Citizenship or travel document. The child’s future was uncertain in the UK and returning to China was not plausible. Fortunately, the child was near the age of 7 years when the client contacted us.
We accepted the case and advised the client to apply for further leave to remain asking for the Secretary of State for the Home Department’s (SSHD’s) discretion in this case based on the best interest of child.
We handled the case delicately and ultimately was able to obtain grant of leave for the family in the UK even after initially refused by the Home Office to grant a leave to remain.
Single mothers who are facing visa issues in the UK can contact us for legal advice and assistance at firstname.lastname@example.org or call at 0928 9836 132.