Can an overstayer with a british child marry her partner

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 3:32 pm

I am an overstayer here in the uk and have a british child. Which application do I use and what are the required documents needed to add to the application. i have been living with my girlfriend for about a year. my girlfriend has been in a previous marriage in the uk here but have not divorced. will her previous marriage affect my application as she has not divorced. does she need to provide evidence that she has separated from her previous marriage?
Thanks.

CR001 · Post by **CR001** » Wed Dec 28, 2016 3:42 pm

You cannot apply on the parent route if you live with your girlfriend. FLR(FP) are for parents who no longer live or are no longer in a relationship with the childs other parent.

You should apply on the partner route, but likely to be difficult as you have not lived with your partner for 2 years.

What is your girlfriends immigration status?

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 4:46 pm

CR001 wrote:You cannot apply on the parent route if you live with your girlfriend. FLR(FP) are for parents who no longer live or are no longer in a relationship with the childs other parent.

You should apply on the partner route, but likely to be difficult as you have not lived with your partner for 2 years.

What is your girlfriends immigration status?

She is a belgian national with permanent residence to live in the uk.

CR001 · Post by **CR001** » Wed Dec 28, 2016 4:51 pm

How long have you overstayed?

What was your last visa status and when did it expire?

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 4:56 pm

CR001 wrote:How long have you overstayed?

What was your last visa status and when did it expire?

I entered the UK on 1st April, 2014 with a tourist visa. It was a 2 years tourist visa which expired on 10th July, 2014.

noajthan · Post by **noajthan** » Wed Dec 28, 2016 4:56 pm

Yes, gf's marital status needs sorting out.

Who is child's mother; gf or someone else?
How do you support child?

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 5:03 pm

noajthan wrote:Yes, gf's marital status needs sorting out.

Who is child's mother; gf or someone else?
How do you support child?

The childs mother is my girlfriend.
I live with both the child and the mum. I support in the childs basic help like taking him to the gp . helping in the house as well.

What other ways can i support the child please.

CR001 · Post by **CR001** » Wed Dec 28, 2016 5:04 pm

donwilliams wrote:
CR001 wrote:How long have you overstayed?

What was your last visa status and when did it expire?
I entered the UK on 1st April, 2014 with a tourist visa. It was a 2 years tourist visa which expired on 10th July, 2014.

Do you mean July 2016??

However, a 2 year validity tourist visa does not mean you are permitted to stay in the UK for 2 years

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 5:06 pm

CR001 wrote:
donwilliams wrote:
CR001 wrote:How long have you overstayed?

What was your last visa status and when did it expire?
I entered the UK on 1st April, 2014 with a tourist visa. It was a 2 years tourist visa which expired on 10th July, 2014.
Do you mean July 2016??

However, a 2 year validity tourist visa does not mean you are permitted to stay in the UK for 2 years

No, july 2014. it has already expired. it was issued july 2012 to july 2014.

noajthan · Post by **noajthan** » Wed Dec 28, 2016 5:08 pm

donwilliams wrote:
The childs mother is my girlfriend.
I live with both the child and the mum. I support in the childs basic help like taking him to the gp . helping in the house as well.

What other ways can i support the
child please.

How about income and finances?

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 5:15 pm

noajthan wrote:
donwilliams wrote:
The childs mother is my girlfriend.
I live with both the child and the mum. I support in the childs basic help like taking him to the gp . helping in the house as well.

What other ways can i support the
child please.
How about income and finances?

I support in his clothings and playing toys as well as his food.

Casa · Post by **Casa** » Wed Dec 28, 2016 5:40 pm

donwilliams wrote:
noajthan wrote:
donwilliams wrote:
The childs mother is my girlfriend.
I live with both the child and the mum. I support in the childs basic help like taking him to the gp . helping in the house as well.

What other ways can i support the
child please.
How about income and finances?
I support in his clothings and playing toys as well as his food.

As noajthan has already asked....what is the source of your income/finances?

noajthan · Post by **noajthan** » Wed Dec 28, 2016 5:41 pm

You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.

Obie · Post by **Obie** » Wed Dec 28, 2016 5:51 pm

noajthan wrote:You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.

This does not appear to be a Surinder Singh case, as the girlfriend is a Belgian and not a British Citizen.

She has permanent Residence though.

How long have you two been living together?

I accept the views of my knowledgeable colleagues, that you cannot expect to qualify as a parent if you and your girlfriend who is the mother of the child are in a relationship.

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 5:57 pm

Obie wrote:
noajthan wrote:You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.
This does not appear to be a Surinder Singh case, as the girlfriend is a Belgian and not a British Citizen.

She has permanent Residence though.

How long have you two been living together?

I accept the views of my knowledgeable colleagues, that you cannot expect to qualify as a parent if you and your girlfriend who is the mother of the child are in a relationship.

I have been living with my child and the mother for 9 months now. the child is 6 months as at now.

Obie · Post by **Obie** » Wed Dec 28, 2016 6:00 pm

Ok i see, you have not been living with her very long.

How old is the child?

You clearly do not qualify under the rules, may have a shot under the regulations, or ask that consideration be given to your case outside the rules.

Casa · Post by **Casa** » Wed Dec 28, 2016 6:02 pm

Obie wrote:Ok i see, you have not been living with her very long.

How old is the child? 6 months old, Obie

You clearly do not qualify under the rules, may have a shot under the regulations, or ask that consideration be given to your case outside the rules.

noajthan · Post by **noajthan** » Wed Dec 28, 2016 6:03 pm

Obie wrote:
noajthan wrote:You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.
This does not appear to be a Surinder Singh case, as the girlfriend is a Belgian and not a British citizen.

Plan B: go to Belgium sponsored by Belgian citizen partner after that Union citizen's SS sojourn in UK; (marriage would probably help the case).

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 6:11 pm

noajthan wrote:
Obie wrote:
noajthan wrote:You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.
This does not appear to be a Surinder Singh case, as the girlfriend is a Belgian and not a British citizen.
Plan B: go to Belgium sponsored by Belgian citizen partner after that Union citizen's SS sojourn in UK; (marriage would probably help the case).

Is there anything I can do to apply here in the UK. living somewhere separate from my girlfriend and the child or wait till I live with her for 2 years and apply.
Thanks.

kamsi · Post by **kamsi** » Wed Dec 28, 2016 6:58 pm

Obie wrote:
noajthan wrote:You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.
This does not appear to be a Surinder Singh case, as the girlfriend is a Belgian and not a British Citizen.

She has permanent Residence though.

How long have you two been living together?

I accept the views of my knowledgeable colleagues, that you cannot expect to qualify as a parent if you and your girlfriend who is the mother of the child are in a relationship
.

I am in exactly the same situation as you. I've recently made a FLR(FP) application and the outcome of the application is expected any moment. The Home Office indicated that the application will take within 8 weeks to be considered from the date it was submitted, it's 7 weeks today. You have a strong case under section 117B(6) of the Nationality, Immigration and Asylum Act 2002. Section 117B(6) of the 2002 Act states that the public interest does not require removal of a parent where it is not reasonable to expect a child to leave the UK.

Your case inside the immigration rules is weak. You dont meet appendix FM criteria as you havent lived with your partner for over 2 years. I think you have a good case outside the Rules. Home Office policy generally is an application as a parent cannot be submitted if that person applies as a parent but they cannot preclude consideration of matters outside the Rules.

If your application were to be refused and you are given right of appeal, you may well win the appeal because of your British citizen child. My cousin was in similar situation as us, he won the appeal at First Tier Tribunal, the Home Office appealed it because at the time his son was not yet British (his partner was an Asylum seeker). He won the appeal the second time at the Upper Tribunal because in the time it took to hear the appeal at the Upper Tribunal his son had been registered as British. He won his appeal because it's in the best interest of his child. In your own case my worry is that with the Immigration Act 2016, as an overstayer you may be asked to appeal from your home country.

An initial refusal doesn't necessarily mean the end of the road.  

noajthan · Post by **noajthan** » Wed Dec 28, 2016 7:00 pm

donwilliams wrote:Is there anything I can do to apply here in the UK. living somewhere separate from my girlfriend and the child or wait till I live with her for 2 years and apply.
Thanks.

You need to regularise yourself.
Hanging on here under the radar and in denial will become increasingly unviable.

And if you have no documentation or papertrail yet then how will you produce one even if you do manage to hang on until a nominal 2 years are up?

You need evidence of residence and life together - that means details of accommodation, of utility bills, of joint banking, of medical registration, of electoral roll, any driving license & insurances could help too
and etc etc.
Not to mention evidence of joint venture and joint plans.
Rock-solid (if not unimpeachable) evidence.

Obviously in your current condition most if not all of those types of documents are out of your reach; who knows, you may no longer possess any form of credible id.

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 7:08 pm

kamsi wrote:
Obie wrote:
noajthan wrote:You are still short of 2 years.

If you have any future in UK you need to get regularised.

Suggest go home, get married there; shoot for spouse visa if gf/partner can meet requirements (& sort out divorce).

Alternately look at relocating to gf's country under EU/SS rules.
This does not appear to be a Surinder Singh case, as the girlfriend is a Belgian and not a British Citizen.

She has permanent Residence though.

How long have you two been living together?

I accept the views of my knowledgeable colleagues, that you cannot expect to qualify as a parent if you and your girlfriend who is the mother of the child are in a relationship
.
I am in exactly the same situation as you. I've recently made a FLR(FP) application and the outcome of the application is expected any moment. The Home Office indicated that the application will take within 8 weeks to be considered from the date it was submitted, it's 7 weeks today. You have a strong case under section 117B(6) of the Nationality, Immigration and Asylum Act 2002. Section 117B(6) of the 2002 Act states that the public interest does not require removal of a parent where it is not reasonable to expect a child to leave the UK.

Your case inside the immigration rules is weak. You dont meet appendix FM criteria as you havent lived with your partner for over 2 years. I think you have a good case outside the Rules. Home Office policy generally is an application as a parent cannot be submitted if that person applies as a parent but they cannot preclude consideration of matters outside the Rules.

If your application were to be refused and you are given right of appeal, you may well win the appeal because of your British citizen child. My cousin was in similar situation as us, he won the appeal at First Tier Tribunal, the Home Office appealed it because at the time his son was not yet British (his partner was an Asylum seeker). He won the appeal the second time at the Upper Tribunal because in the time it took to hear the appeal at the Upper Tribunal his son had been registered as British. He won his appeal because it's in the best interest of his child. In your own case my worry is that with the Immigration Act 2016, as an overstayer you may be asked to appeal from your home country.

An initial refusal doesn't necessarily mean the end of the road.  

Thank you for the assurance. In this case which application should i submit and what are the required documents and other supporting documents needed for such an application.
Thanks.

Casa · Post by **Casa** » Wed Dec 28, 2016 7:13 pm

In all honesty, the HO may take the view that at 6 months old the child may easily adapt to living in Belgium or in the father's home country.

Obie · Post by **Obie** » Wed Dec 28, 2016 7:13 pm

117B(6) only applies on appeal, it does not apply to the Secretary of State. As OP is not facing a removal, and the matter is not with the courts at present, then i do not think 117B(6) is engaged at all.

donwilliams · Post by **donwilliams** » Wed Dec 28, 2016 7:29 pm

Casa wrote:In all honesty, the HO may take the view that at 6 months old the child may easily adapt to living in Belgium or in the father's home country.

@ casa, what do you suggest about the situation. what can help me win the visa application. Thanks.

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