British "girl" and baby with illegal immigrant

VT · Post by VT » Wed Nov 04, 2009 2:48 pm

I am a British citizen, 18 years of age, white and have lived with my parents my whole life. However, i met somebody during September of last year, he is 21 years of age and illegal in the UK.
The reason behind this is...
He entered the UK when he was 11 with his mother who applied for a visitors visa. She then overstayed this visa by a couple of years. When she was finally found and sent to be deported my boyfriend was 18 and has remained in the UK illegally on his own since then. He has never worked and has just stayed with people who he knows for various amounts of time.
Before we met, his case was viewed and it was decided that when his mothers case was put before the judge... My boyfriend was old enough (at 13 years of age) to know he was illegal and to make his own decision of going back to his country. Then when he was 18 his mother was found and deported.

However, i fell pregnant. & i am due to give birth in January but i have no idea where to go from here. I have spoken to solicitor who was advised us to apply for a civil partnership which we have done but i don't know what will happen next. I'm aware that this could take years and really the only option he has is to go back to his country and re-apply to come back to the UK but i'm scared they won't allow him to.

I just really need some advice because nobody understands and the people who i know, my family and friends just have no idea how serious this is so they tell me that "everything's going to be alright". When i know it's not.

I realise that people are going to think "what a silly little girl" but i haven't come on here to hear that so i'd appreciate it if you'd keep those opinions to yourself. Anybody who thinks they can advise me or tell me something i need to hear, then i'd be very grateful.

Jeff Albright · Post by **Jeff Albright** » Thu Nov 05, 2009 12:48 am

Hey,
Well, I think it really depends what you want to do.
If the regularisation of his status is not urgent and you both do not plan to travel outside the UK, etc.. and happy to wait a few years for the outcome of the case, this is probably one way to go.
However, if he wants to have his status sorted out somehow asap, then he might want to leave the country to attempt to get a new visa.
As far as your situation is concerned, would you be considering leaving with him for his own country and perhaps stay with him/his family there?

javadp · Post by **javadp** » Thu Nov 05, 2009 1:35 pm

Hi,
I'm no expert but have some experience in this. I think you are right to be worried about him not being able to get back if he left for his motherland. There is a good chance he will not be allowed even a visit visa for a while. As you 2 are not married and can not prove that you have lived together for sometime, I would say the best thing to do is to sort it out while he is here. but be ready for a long and probably expensive process. Follow solicitor's advice.

VT · Post by VT » Sat Nov 07, 2009 9:42 am

Jeff Albright wrote:Hey,
Well, I think it really depends what you want to do.
If the regularisation of his status is not urgent and you both do not plan to travel outside the UK, etc.. and happy to wait a few years for the outcome of the case, this is probably one way to go.
However, if he wants to have his status sorted out somehow asap, then he might want to leave the country to attempt to get a new visa.
As far as your situation is concerned, would you be considering leaving with him for his own country and perhaps stay with him/his family there?

We were considering going back to Nigeria and i'd stay with him until we were able to come back to the UK. But how successful do you think we'd be taking that option?

Jeff Albright · Post by **Jeff Albright** » Mon Nov 09, 2009 12:55 am

javadp wrote:Hi,
I'm no expert but have some experience in this. I think you are right to be worried about him not being able to get back if he left for his motherland. There is a good chance he will not be allowed even a visit visa for a while. As you 2 are not married and can not prove that you have lived together for sometime, I would say the best thing to do is to sort it out while he is here. but be ready for a long and probably expensive process. Follow solicitor's advice.

I think if he left on his own accord, this should not be a problem as long as the immigration rules are satisfied with respect to unmarried partners. From what you have said I see that you have not lived together for minimum 2 years. So I think it would be best for you to try to sort out his status in the UK. The process may be lengthy but not necessarily expensive - you could find a solicitor under the Legal Aid if you both qualify for it. Whilst waiting for the outcome of his case, you continue living together and will soon satisfy the rules for the unmarried partners, or even get married. If his case to regularise his status is unsuccessful, you can always go back to Nigeria and apply for a civil partnership/spouse visa from there.
All the best!

Casa · Post by **Casa** » Mon Nov 09, 2009 9:01 am

Civil Partnership = 2 people of the same sex, which obviously doesn't apply here.

krazydude · Post by **krazydude** » Fri Nov 13, 2009 2:20 pm

I think it was a couple of weeks ago, an episode of New UK Border Force (Season 2) had a couple on with a similar situation. The husband was staying illegally in UK and did not work during that period (I think it was for 2 years). He got married to a British Citizen during his stay here. His solicitor then advised him to return back to Nigeria on his own and apply from there. He did that and was granted a visa (I think it was a spouse/dependent visa) by the consulate. I think his wife had a job in the UK and was not drawing any benefits.

I am not saying it will work out the same way it did for him because every individual has a different set of circumstances, but I do see some similarities and hence wanted to let you know those VT, so that you have more information to make a decision.

Ben · Post by **Ben** » Fri Nov 13, 2009 4:40 pm

No advice I'm afraid VT, but I wish you all the very best. I genuinely mean that. Your story touched me.

zomumsy · Post by **zomumsy** » Sat Nov 21, 2009 11:22 pm

Hi there,
Not sure how much i can conytribute but thought i'd let you know your not the only one. I have a 9 mnth daughter to a failed asylum seeker, he has now been given temporary status which means cannot work or be in reciept of benefits. we are currently sorting out our case for article 8 a right to a family life. it has taken about 6 moths for my solicitor to sort this out and it looks like we could be waiting for the outcome a few years. It's all the not knowing that is really the hardest part for myself!

Zoe

Marian2012 · Post by **Marian2012** » Tue Apr 03, 2012 2:33 pm

Someone who knows can correct me if I'm wrong In case they get married overstay doesn't affect the desicion on spousal visa right? but the problem here maybe they will have to prove maintenance requirements

JohnM · Post by **JohnM** » Tue Apr 03, 2012 7:08 pm

We were considering going back to Nigeria and i'd stay with him until we were able to come back to the UK.

Don't go to Nigeria. If he will need to go to Nigeria, he will understand why you don't want to go. It's much better for you and your baby to stay in UK. If you have real love, even if he goes to Nigeria for a while, you will still be together.

Nigeria is not very nice country to go for 18 years old girl with a small baby. You may be ready for sacrifice, however, it's not worth it and you are also responsible for your child. Try to sort it out here, but if he have to go to Nigeria, stay in UK. It would be even easier and faster for him. You have no idea what sorts of problems you can get in Nigeria. This is VERY different from UK or Europe. The problem which can be solved here in 1 day by going to NHS can be life threatening there for you and your child. He is 21 years old, if he loves you, he will understand.

And, also, forgive me if I'm wrong, but you must also try to check that he has genuine feelings for you. I know it may not sound not very nice, but it is one of the ways to stay legal in this country - to find "love" and make a child. Are you sure he is serious about you or do you just want to help him because you're very kind? This is all very hard to decide and understand when you're 18, however, it's better to try to sort it out as soon as possible.

I think people tell you that you will be fine because you're serious about it, which is great. Try to stay cool and serious. You will now have to think not only about yourself but also about your child. Nigeria is a terrible place to go to sort problems out.

I know it may be hard to understand if you found true love or not. But I would suggest you not to rush to any decisions regarding marriage. In 1-2 years time, it will be much more clearer. If your relationship with this man will be serious then you will marry in the future, if not, well, it's better to stay alone for a while then to try to stay in relationship with someone who want to be with you only because of the visa.

It's hard to say more, because other details are not clear. He may be a great guy or he may be a criminal. He may be super serious about you and living responsible life or he may not. It not only depends on you. There are several people involved.

To sum up - don't go to Nigeria and don't rush to marriage. If you are worried about his possible deportation, do what solicitor advised. For gods sake, DON'T LEAVE UK.

JohnM · Post by **JohnM** » Tue Apr 03, 2012 7:30 pm

I have spoken to solicitor who was advised us to apply for a civil partnership which we have done but i don't know what will happen next. I'm aware that this could take years and really the only option he has is to go back to his country and re-apply to come back to the UK but i'm scared they won't allow him to.

You see, I'm not solicitor, but this is how I see this situation by logic.

There is a risk if he stays here and there is a risk if he leaves and applied from there. Potentially, he could be banned for 10 years from going to UK if he applies from there (but it can be appealed).

BUT by doing civil partnership you did sort of insurance policy. It is not 100% policy. It can not guarantee you that there will be no problems at all. However, if they try to deport him later on or refuse him entry, you will have some evidence to show that you were in serious relationship already. See?

I don't see here any immediate perfect solution. Maybe the best thing to do is just live like that for 1,2,3 years and then, if your relationship would still be serious and you want to stay together, then marry and try to legalize him fully here. There is a risk that during this time someone will catch him and try to deport but if he does not work and if he respects laws of this country, it's unlikely someone will catch him.

However, I'm not a solicitor and I may be wrong. This how it looks to me.

Good luck! Don't worry too much, this is not the worst problem in life (and don't go to Nigeria).

Greenie · Post by **Greenie** » Tue Apr 03, 2012 8:50 pm

This thread is almost 3 years old.

Loveislovely · Post by **Loveislovely** » Tue Apr 03, 2012 11:11 pm

Greenie wrote:This thread is almost 3 years old.

I can't stop laughing, I find it funny, 3 years????????????

JohnM · Post by **JohnM** » Tue Apr 03, 2012 11:44 pm

How did it get into top?

Greenie · Post by **Greenie** » Wed Apr 04, 2012 9:46 am

JohnM wrote:

How did it get into top?

because Marian2012 replied to it

Marian2012 · Post by **Marian2012** » Fri Apr 06, 2012 11:25 pm

Immigrationboards.com: Immigration, work visa and work permit discussion board

British "girl" and baby with illegal immigrant

British "girl" and baby with illegal immigrant

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