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Overstayer for 6 years, girlfriend pregnant, what visa options

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Saimon44
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Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Mon Jul 27, 2020 12:20 am

hi everyone I have been living in UK for 7 years but my visa run out 6 years ago so that’s make me an overstayer. me and my girlfriend we are expecting a baby soon,we know each other for nearly 2 years but we haven't lived together and she is British citizen do I have any chances to be living legally after the baby is born? or what do i need to apply for? And is better to apply now or after baby is born ?any suggestions or anyone had this kind of problem before might help will be great thanks

geoeng
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by geoeng » Mon Jul 27, 2020 9:06 am

There are options available as described in the guidance document linked below, particularly with regards to any exceptional circumstances that may be applicable to your specific case.

https://assets.publishing.service.gov.u ... 9.0ext.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Mon Jul 27, 2020 3:00 pm

Thanks really appreciated

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seagul
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by seagul » Mon Jul 27, 2020 3:31 pm

If you want an economical, expeditious
& a depressant option then go back home and marry her there to apply spouse visa. Also keep an mind that having a British girlfriend & child doesn't automatically confer or guarantee for any right.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Manugmedia
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Manugmedia » Mon Jul 27, 2020 5:07 pm

seagul wrote:
Mon Jul 27, 2020 3:31 pm
If you want an economical, expeditious
& a depressant option then go back home and marry her there to apply spouse visa. Also keep an mind that having a British girlfriend & child doesn't automatically confer or guarantee for any right.
This is the advice i would take if i was you. Just a few months apart and you will legalise your stay. Note overstaying is not a ground for spouse visa refusal. Instead of all the headache just fly back home and marry her as advised.

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Mon Jul 27, 2020 5:32 pm

Thanks for the suggestion guys.but if I go back home they might give me a 5 year ban or if i don't get any ban and I go back they still can refuse the visa because I broken the rules last time, so is going to be the same situation from here I think.

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Mon Jul 27, 2020 6:26 pm

Hi manugmedia are you sure that overstaying is not ground for refuse visa because I read a few other posts and they been refused,do you know anything concrete that I can read and make sure is right thanks for helping

Manugmedia
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Manugmedia » Mon Jul 27, 2020 7:13 pm

Saimon44 wrote:
Mon Jul 27, 2020 6:26 pm
Hi manugmedia are you sure that overstaying is not ground for refuse visa because I read a few other posts and they been refused,do you know anything concrete that I can read and make sure is right thanks for helping
Overstaying itself is not a ground for refusal of spouse visa but Working while illegal or receiving public funds while illegal is deemed as frustrating the immigration system.
Also my understanding is if you were married you stand a better chance since it against human rights to refuse you to join your family. but you cant marry her in UK since HO will be notified and you could be removed which will complicate the whole situation.

AmazonianX
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by AmazonianX » Mon Jul 27, 2020 8:15 pm

Saimon44 wrote:
Mon Jul 27, 2020 6:26 pm
Hi manugmedia are you sure that overstaying is not ground for refuse visa because I read a few other posts and they been refused,do you know anything concrete that I can read and make sure is right thanks for helping
If you have not worked illegally on record, used NHS without paying or recourse to public funds etc, the easiest way for you to have a family life and nurture that baby as required is to plan it out now(check that wife meets requirements to sponsor you etc), go to your hoe country, marry spouse and apply initial spouse visa and get entry clearance.

bathanza
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by bathanza » Mon Jul 27, 2020 8:59 pm

If you were to go abroad you CAN be faced with section 302(11) refusal. https://www.gov.uk/guidance/immigration ... or-refusal

There is no guarantee for ANY visa application in your circumstances and even with a baby, you would face refusal if you had no other strong reason as to WHY you cannot apply for a visa using the correct method.

By leaving you can get married in your home country, get the English test, hopefully you meet requirements and then come back 4 to 6 months later on 5 year route.

OR apply as a partner (you still need marriage) and get to 10 year route.

The consequence of not leaving is an expensive and long long battle.

If you cannot leave due to Coronavirus restrictions look at how you can fulfil requirements in meantime.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18
03-08 2018 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved

Manugmedia
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Manugmedia » Mon Jul 27, 2020 9:28 pm

bathanza wrote:
Mon Jul 27, 2020 8:59 pm
If you were to go abroad you CAN be faced with section 302(11) refusal. https://www.gov.uk/guidance/immigration ... or-refusal

There is no guarantee for ANY visa application in your circumstances and even with a baby, you would face refusal if you had no other strong reason as to WHY you cannot apply for a visa using the correct method.

By leaving you can get married in your home country, get the English test, hopefully you meet requirements and then come back 4 to 6 months later on 5 year route.

OR apply as a partner (you still need marriage) and get to 10 year route.

The consequence of not leaving is an expensive and long long battle.

If you cannot leave due to Coronavirus restrictions look at how you can fulfil requirements in meantime.
Bathanza you mean section 320(11)
True
"A320. Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH."
I think OP should leave at his own cost and follow the legal way.

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Tue Jul 28, 2020 2:56 pm

If I go back do my girlfriend need to meet any requirement such as 18600 earnings a year because she can't as she works only part time because she looks after her mother.do you think this will be a problem for me?thanks again

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seagul
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by seagul » Tue Jul 28, 2020 3:21 pm

Saimon44 wrote:
Tue Jul 28, 2020 2:56 pm
If I go back do my girlfriend need to meet any requirement such as 18600 earnings a year because she can't as she works only part time because she looks after her mother.do you think this will be a problem for me?thanks again
See all requirements

https://www.gov.uk/uk-family-visa/partner-spouse
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

scotalb7
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by scotalb7 » Tue Jul 28, 2020 6:33 pm

In this situation could they refuse you on the basis they simply suspected you had worked since you have been here so long, but they don’t actually have any proof of this? Or would they only be able to refuse under 320(11) if you had actually been caught working?

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Sun Aug 02, 2020 12:56 pm

Can I apply from UK if my girlfriend can't move abroad with me as she has strong reason for that and will be easier for me to apply for a parent visa because as Im reading will be less requirements for me .

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seagul
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by seagul » Sun Aug 02, 2020 1:23 pm

Saimon44 wrote:
Sun Aug 02, 2020 12:56 pm
because as Im reading will be less requirements for me .
Not really rather mammoth obstacles you will have to go through with no guarantee of success.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Sun Aug 02, 2020 1:59 pm

If is anyone has or had the same case as me will be very helpful if they give me any suggestions thanks again

Manugmedia
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Manugmedia » Sun Aug 02, 2020 7:26 pm

Saimon44 wrote:
Sun Aug 02, 2020 1:59 pm
If is anyone has or had the same case as me will be very helpful if they give me any suggestions thanks again
I think you have had the best advise and nobody would be willing to discuss their case on a public board. Remember citizenship is a privilege not a right. It has to be earned by doing the right thing's. The system has its own rules and you have to play by the rules of the system.
Look at bathanza's advice and look at her signature. She very well has been there.

bathanza
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by bathanza » Sun Aug 02, 2020 10:25 pm

Thanks for the shout out. And yes. Through very bad solicitor advice we SHOULD have taken the abroad FLR M route as it would have been cheaper and only separated for a few months. However.. I meet the minimal income requirements.

It was just unfortunate that I was genuinely in a situation where our case would have breached human rights as the key is WHAT rights would be infringed IF a refusal was rendered. Home Office expects you to go home and re apply legally. If you girlfriend have any underlying issues, mental or physical this does count too.

Now with the guidance of current COVID it does state IF you can meet requirements as provided in links before you can apply in country.

I know someone who has dragged their case on for 6 years re applying when possible. Detained twice.. now with a pregnant wife. His chances are better as they are legally married, have the income etc.

Its a painful long and twisted road. I for one am mentally shattered from all the applications. It simply stays with you.

If you feel strong enough to have the fight here, make sure you have at least 7 or 8 thousand pounds to put towards applications to get to approval.

Do post when you can as we are all here for advice. My own personal story is in depth one this board so just search for my topics.. wish you well.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18
03-08 2018 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved

Saimon44
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Re: Overstayer for 6 years, girlfriend pregnant, what visa options

Post by Saimon44 » Sun Aug 02, 2020 10:56 pm

Thanks again bathanza everything was very helpful I wish you well.

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