HELP ADVICE NEEDED URGENTLY ANYONE IN THE KNOW!!! Please,ple

HI

I have a partner of 2 years and we have a baby girl of 7 months together. He was orignially here on a 5 year visa married to a Portuguese resident (they spilt up and she returned to her country). He only became an overstayer in April of this year but our baby was due in May 06 so he couldnt leave me , I wouldnt allow it! Everyone tells us we HAVE to get married back in his native country and reapply for him to come back. However I am divorced and his divorce is proving hard to obtain ie contacting ex has proven difficult and problems with solictors in Spain where they met and got married (its a nightmare!). Today I saw something on the Home Office website about applying under "Other " and under the "right to remain as a parent of a child resident in the UK".. My parnter has all the requirements of this apart from the fact he has overstayed which is obviously a breech of the immigration rules. The only reason we didnt go to immigration was of me as I was scared they would send him back just as our baby was due and I also cant travel so far to where his natvie country is with such a small baby. Sorry to go on. Question is does anyone have knowledge of this "category" do you think we could still apply? Do Home office have discretion or do they use the rules with an "iron fist" approach? I am desperte as really we both feel annoyed at having to be pushed into marriage again we are quite happy with the current situation. ANother complication is he hasnt been living with me as 7 years ago after my divorce and I have a child from that marriage I applied for a council home. I am finally be rehoused after a 7 year wait but in january, he couldnt live with me in my temporary house due to lease hold agreement and rental costs versus working. I have at time part worked and also since baby not worked claiming my right to Uk benefits. its all so complicated - should I wait until i get the house if we can apply or just go for it now as my situation doesnt have anything to do with his as Iknow my rights as a UK born national. Many thanks for reading all this and any replies! God bless.

Complicated case.

If you live together for 2 years at least that might help him to try to apply to return to the UK as an unmarried partner of a British Citizen. The human rights application has very little chance of success in-country but should succeed if made from abroad. For in-country application the DP3/96 procedure will not help on this occassion, as they would not allow you to get married here if he does not have valid leave to remain.

Unless you both wait for 2 years and keep the proof of living together (bills, bank account on both names), there is nothing much you can do right now. On the other hand, if he qualified under professional categories (WP holder or HSMP holder) he might be able to use that in order to apply for the entry clearance from abroad and return right now. In 2 years time he may switch to either spouse (if you are married by then) or as an unmarried partner to get 2 years' extension after which (in total 4 years) he will be able to apply for naturalisation.

Sorry but he is very unlikely to be able to regularise his status without leaving the country.

Good luck!