British Citizen with child (mother overstayer)

[Chess]

Gurus,

Complex scenario..

If a couple had a baby - the Father is British Citizen by birth and the mother 'an overstayer' and they are not married;

What would be the likelyhood of the mother regularising stay in the UK? Marriage in the UK is out of Qn, as the rules were changed and marriage overseas is also nearly impossible

suggestions please

[John]

Chess, as you say, marriage in the UK is not now possible, but marriage overseas? Can you say why that is "nearly impossible"?

Given that she is the mother of a British Citizen, that fact must help. Is there any reason why she cannot go back to her own country, get married there, then apply for spouse visa there?

[Chess]

It would not be possible for ALL the Husbands family to travel overseas to attend the wedding whereas they would like to be at the ceremony.

Also there is a worry of 'getting stuck' in the home country if Visa is refused.

I just dont know if there is a way of regularising stay

[John]

Chess, the fact that the family can't or won't travel there is, I think, a minor issue. The couple just need to go through the simplest possible legal marriage ceremony back in her country, and later have a proper wedding blessing back in the UK.

As regards "there is a worry of 'getting stuck' in the home country if Visa is refused", you mean as distinct from the continual worry of getting deported from the UK as an overstayer!

This couple clearly realise there is a problem that needs to be solved. It is going to take some action, and a bit of risk, in order to sort all this out. Assuming that the conditions for getting a spouse visa are met ... financial, accommodation and "evidence of contact" ... then it is clearly easier to go back to her country to get married and then apply for a spouse visa to come back to the UK.

Can I ask ... where is her country?

Clearly whatever action, or indeed lack of action, they take is not without risk. But ignoring that risk will not make the problem go away.

[Chess]

Many thanx John for your comprehensive advice

[kingmk]

hope is all we need

[CR001]

hope is all we need

What is the purpose of digging up a thread that is more than 10 years old????