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Illegal Partner , no leave to remain

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nishaazad
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Illegal Partner , no leave to remain

Post by nishaazad » Fri Aug 30, 2019 5:32 pm

I apologise beforehand if this subject appears frequently on the forum, but I kindly need advise on this subject.
I'm a British Citizen and living with my partner who is Morrocan, however not under civil marriage here in the UK. We're both 21 and a few months ago he was discovered with overstayed visa.
He had a short stay visa which ended in 2016.
He's due for his second reporting next week.
I've spoken with solicitors which explained to me the solution is to have a baby with him.
But this is such a drastic and horrible decision where I believe I would be using my future child for this benefit only.
I'm not financially stable without him. I work part-time along with my studies. I'm desperate to find a solution for us that could help his situation.
There is also the fact that the police have previously detained him for driving my car illegally with no insurance and license. A mistake done on desperation that I know will affect his future visa status if he was to apply after being deported.
He also has a sister and brother with French nationality.

If he is forcibly removed from the country I would be under such emotional pain. Any help or advice is appreciated greatly.

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seagul
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Re: Illegal Partner , no leave to remain

Post by seagul » Fri Aug 30, 2019 11:14 pm

Cheapest, straightforward and less stressful will be if he returns back home where you both marry.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Illegal Partner , no leave to remain

Post by Casa » Sat Aug 31, 2019 1:52 am

seagul wrote:
Fri Aug 30, 2019 11:14 pm
Cheapest, straightforward and less stressful will be if he returns back home where you both marry.
Further to the advice above, note that in order for him to apply to return to the UK on a spouse visa after marrying, you would have to meet the minimum income level of £18,600 p.a., which from your opening post it seems you currently don't.

If your partner is supporting you financially as you have mentioned, working illegally will weaken your case. Even more so if he is working under false papers. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Zerubbabel
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Re: Illegal Partner , no leave to remain

Post by Zerubbabel » Sat Aug 31, 2019 9:05 pm

Hello

I know we are in an immigration forum but I always like to see the entire picture. Anyway, it's not possible to dissociate immigration issues from the whole context where they happen.

You are 21 and surrounded by the wrong crowd. A "solicitor" who explain to you that you can make a baby for the purpose of immigration is a crook and you should be seeking legal advice elsewhere. A person fundamentally dishonest cannot assist you with legal issues. I have seen girls pushed to make a baby to help someone. I don't remember a case ending well. They usually end up alone, in hardship and trying to somehow raise a kid. Believe me, it doesn't worth it.

Further, I don't believe that someone "drove a car without insurance and without license out of desperation". I don't buy this explanation. When people do that, it's because they have a total disregard of the law and the safety of others. I haven seen people doing plenty of things out of desperation, but not driving cars.

When I was 21 and student, I wasn't stable financially. So I am not worried about this particular point. Most students are in the same situation as yours when it comes to finance. That will change when you finish your studies and find a permanent job. But just take the wrong turn now and you will be still crying about it when you turn 50.

At it stands, I don't see a solution really, I would like to say, the problem is not yours and you have no reason for willing to take ownership. Your partner took the wrong decisions and there is no reason in the world why you should take ownership of the problems he caused to himself.

You can go with him to Morocco if you insist. I visited the country a few times, it's really a good place.

As an illegal he cannot marry. The Home Office will be notified and given plenty of time to intervene (up to 70 days). And even if you marry, you have to be financially stable to sponsor him. And even with a stable job, they can still tell you why don't go to Morocco and live with him there?

secret.simon
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Re: Illegal Partner , no leave to remain

Post by secret.simon » Sat Aug 31, 2019 9:14 pm

nishaazad wrote:
Fri Aug 30, 2019 5:32 pm
He also has a sister and brother with French nationality.
Can his siblings help him move to France?

You can move to France on your own as an EEA citizen before 31st October at least. Once there, you can work out with him the way forward.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Zerubbabel
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Re: Illegal Partner , no leave to remain

Post by Zerubbabel » Sat Aug 31, 2019 9:23 pm

secret.simon wrote:
Sat Aug 31, 2019 9:14 pm
nishaazad wrote:
Fri Aug 30, 2019 5:32 pm
He also has a sister and brother with French nationality.
Can his siblings help him move to France?

You can move to France on your own as an EEA citizen before 31st October at least. Once there, you can work out with him the way forward.
Long shot really. Because French authorities want to see her established in France and working before they start talking. In the meantime, he has to go back to Morocco as no French Consulate in the UK would give a visa to an illegal in the UK. He has to go back and apply from Morocco on the basis of a relationship with a British citizen in a post-Brexit world... French administration is very.... sloooooow and knows all the tricks in the book.

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ALKB
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Re: Illegal Partner , no leave to remain

Post by ALKB » Sun Sep 01, 2019 10:32 am

Zerubbabel wrote:
Sat Aug 31, 2019 9:23 pm
secret.simon wrote:
Sat Aug 31, 2019 9:14 pm
nishaazad wrote:
Fri Aug 30, 2019 5:32 pm
He also has a sister and brother with French nationality.
Can his siblings help him move to France?

You can move to France on your own as an EEA citizen before 31st October at least. Once there, you can work out with him the way forward.
Long shot really. Because French authorities want to see her established in France and working before they start talking. In the meantime, he has to go back to Morocco as no French Consulate in the UK would give a visa to an illegal in the UK. He has to go back and apply from Morocco on the basis of a relationship with a British citizen in a post-Brexit world... French administration is very.... sloooooow and knows all the tricks in the book.
His French siblings would struggle to sponsor him into France, especially since EU rules would not apply.

OP and boyfriend are not married, and as far as I know, France defines an unmarried, durable relationship as at least five years cohabitation and even then it's a difficult to get it accepted. OP does not meet that requirement. OP is also a student and to move to France before Brexit, would have to drop out of uni. Not a good idea in my opinion.

If moving under EU rules, he could actually apply for a visa at a French Embassy/Consulate in the UK, as one does not need to be legal in the country where and application under EU rules is lodged.

On a personal note: in my personal experience, it's not a good idea to marry for a visa. 20 years ago, I was in the situation that I had to decide whether I wanted to marry my boyfriend in order to stay together or not marry and he would have gone back to his home country.

It worked out for us in the end but international relationships - especially where visas are involved and where one partner holds more power than the other - are fraught with issues that other couples are spared. I sometimes think that it would have been better for both of us had he gone back, we had done the long distance thing and that had either strengthened our relationship and we would have married later on or we'd have drifted apart.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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