Child of EU and non-EU parents

Dear reader:

I have a serious and important question. I'm a polish citizen living lawfully and working in scotland for almost two years. I met here one girl from a south america, she's an overstayer, it means that she doesn't have a legal right to stay. and she is now pregnant. As we would like to get married and intend to continue living togethet here with our child, there's a chance for her to regularise her status in the future based in our family? The government can intend to remove her from the country even if we have our child with us? I read about that if at least one of the parents is a lawfully ordinarily person, the child will adopt the same status at the time of he born in the UK, so, is it possible that the State try to separate the child from one of their parents?

Thank you very much, i'll like to read your answers before decide to see a solicitor.

The child will likely assume your nationality as the father.

Thanks, yes i read about that, but what would happend with she? I mean, i work as full time 48hr per week, the mother have to stay to help raising the child, how should I proceed to regularise her immigration situation in a future? I'm scared about what can happen with the mother, I cannot face the situation alone.

Thank you

How long have you been living together with your girlfriend?

We didn't live together at the moment, we just been dating for a couple of months before she get pregnant.

She is not entitled yto any free NHS.

You will struggle to marry too as you have to give notice to marry and the Registry has to inform HO when a non-EU person wants to marry and the notice period can be extended to 70 days for HO to investigate and interview both of you. As she has no legal status, this will be a problem.

So I think am in a big trouble right now, if we cannot get married i dont know what kind of solution i would find, I also been reading about something called about the right of private and family life, how do it works? Thank you

What is her full immigration history and how long has she been an overstayer?

How long exactly have you been in a relationship?

Well, she came here because of me, as she didnt need a visa to come here for less than six month I invited her to come on holiday. But, after staying here for 3 months she get pregnant. Now is already for 6 months (approximately 3 of pregnancy). She's 23 yr old and her immigration full history is that, never been in another european country or staying somewhere else as illegal or something like that. Her home country is Argentina.

Your best option would be to marry in Brazil and then bring your wife back to the UK as a family member of an EU national. As has already been advised, she has no free access to NHS facilities and even a straightforward birth will cost several thousand pounds for someone who has no legal status here. All NHS fees will be charged at 150% of the cost.

Edit: For Brazil, read Argentina

How pregnant is she?

You can give notice to marry in a civil ceremony, and then after marriage apply for an EEA residence card for her as your wife. Once you are married, she doesn't need to pay medical costs etc so long as you are working ("Exercising treaty rights") and are in a genuine relationship.

Where the Home Office has suspicions about a proposed marriage, they can and do call both parties in for interviews to assess whether the marriage is real or not. In my experience the Home Office calls in a lot of Polish / non-EU marriages for interview, because there are a lot of sham marriages involving Polish nationals. Obviously, there are a lot of genuine ones too, but Polish / Lithuanian / Hungarians marrying Pakistanis / Indians / Bangladeshis / West Africans have got a very bad reputation at the moment.

If the Home Office passes your interview and decides your relationship is genuine, you can then crack on and marry. They might not decide to interview you at all, of course.

avjones wrote:How pregnant is she?

You can give notice to marry in a civil ceremony, and then after marriage apply for an EEA residence card for her as your wife. Once you are married, she doesn't need to pay medical costs etc so long as you are working ("Exercising treaty rights") and are in a genuine relationship.

Where the Home Office has suspicions about a proposed marriage, they can and do call both parties in for interviews to assess whether the marriage is real or not. In my experience the Home Office calls in a lot of Polish / non-EU marriages for interview, because there are a lot of sham marriages involving Polish nationals. Obviously, there are a lot of genuine ones too, but Polish / Lithuanian / Hungarians marrying Pakistanis / Indians / Bangladeshis / West Africans have got a very bad reputation at the moment.

If the Home Office passes your interview and decides your relationship is genuine, you can then crack on and marry. They might not decide to interview you at all, of course.

@avjones Is there are risk that when the HO are notified of the intention to marry, they may take steps to remove her as an overstayer before the wedding can take place?

I believe going with her to Argentina, get married, and she can return with you, and may be granted a code 1 a at the airport, will be your best option at present.

Casa wrote: @avjones Is there are risk that when the HO are notified of the intention to marry, they may take steps to remove her as an overstayer before the wedding can take place?

The answer is - yes, they can. They shouldn't, and it doesn't happen very often, but it has been known.

I have a case a bit like this going through emergency habeas corpus / judicial review at the High Court at the moment, actually. But that's the first such I've come across, and the Claimant's position in that case is that it is contrary to EU law to make the EU person's exercising of treaty rights more difficult, and a breach of the common law duty to avoid capricious detention, and various other torts, too.

oH!
What a situation°° In my case Im mexican and my gf is polish. she was in uk for 4 years then left to mexico where we left and live for 2 years, when she came back we had a flight delay at the airport causing her stress adn sent her to hospital, so we noticed she´s pregnant. she had to fly anyways so she arrived 3 months pregnant here, tried to find a job but she could not so she signed for benefits.
Now we tried to apply for for a family permit for extended family member ad we can´t because she was on benefits and basically she´s not working. Fontunately she has NHS and is being all covered , but on the other hand i canpt work and basically to meet my baby i have to overstay.

Good luck man!