overstayer problem

hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

shitlife wrote:hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

I am not fully aware of the rules, but since your partner is overstaying here for 2 years he could be deported. On top of that you are planing to marry, it will be difficult to convince home office that your partner is not marrying you for the sake to british citizenship. I know I am not helping here, but I think you should see a lawyer and take professional advice.

It will be difficult for him to get a spouse visa because he is an overstayer and because you are receiving benefits. You'll have to show that you can accommodate and support him without recourse to public funds. If your financial situation improves, then there is a better chance. It would also help if he has qualifications, if you can show that he can find a job here in the UK.

chetanojha wrote:

shitlife wrote:hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

I am not fully aware of the rules, but since your partner is overstaying here for 2 years he could be deported. On top of that you are planing to marry, it will be difficult to convince home office that your partner is not marrying you for the sake to british citizenship. I know I am not helping here, but I think you should see a lawyer and take professional advice.

could he be dported even if we have a baby of 6 weeks???

shitlife wrote:

chetanojha wrote:

shitlife wrote:hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

I am not fully aware of the rules, but since your partner is overstaying here for 2 years he could be deported. On top of that you are planing to marry, it will be difficult to convince home office that your partner is not marrying you for the sake to british citizenship. I know I am not helping here, but I think you should see a lawyer and take professional advice.

could he be dported even if we have a baby of 6 weeks???

There is a program on TV called "UK Border Agency". I have seen many instances where people are deported with their dependents(or atleast that's what shown on it). Professional advice is something will help you.

chetanojha wrote:

shitlife wrote:

chetanojha wrote:

shitlife wrote:hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

I am not fully aware of the rules, but since your partner is overstaying here for 2 years he could be deported. On top of that you are planing to marry, it will be difficult to convince home office that your partner is not marrying you for the sake to british citizenship. I know I am not helping here, but I think you should see a lawyer and take professional advice.

could he be dported even if we have a baby of 6 weeks???

There is a program on TV called "UK Border Agency". I have seen many instances where people are deported with their dependents(or atleast that's what shown on it). Professional advice is something will help you.

one adviser said thats he can`t be deported and took away of his daughter
any chance with COA ???

chetanojha wrote:

shitlife wrote:hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

I am not fully aware of the rules, but since your partner is overstaying here for 2 years he could be deported. On top of that you are planing to marry, it will be difficult to convince home office that your partner is not marrying you for the sake to british citizenship. I know I am not helping here, but I think you should see a lawyer and take professional advice.

ANY CHANCE WITH COA ???

shitlife wrote: ANY CHANCE WITH COA ???

What is COA?

chetanojha wrote:

shitlife wrote: ANY CHANCE WITH COA ???

What is COA?

VISIT THIS LINK AND U CAN UNDERSTAND, A FRIEND WHO DID ADVICE US WITH THAT BUT IS RISKY(in case they refuse it they can deport him,and more then that somtimes it take long time

any other advice plz

COA. Certificate of Approval for marriage in the UK. It is risky, you will both have to file with the Home Office, give your information and address. And they could deport him after being found. Even if you don't think they will deport him, it will be as tough our tougher to get COA as a spouse visa (after marriage in Africa).

bani wrote:COA. Certificate of Approval for marriage in the UK. It is risky, you will both have to file with the Home Office, give your information and address. And they could deport him after being found. Even if you don't think they will deport him, it will be as tough our tougher to get COA as a spouse visa (after marriage in Africa).

we not goin to apply for this application, we have plenty of douts abt it

my friend was an overstayer but he was able to get his leave by leaving the country eventhough his wife was claiming housing benefit and tax credit. the argument used was that upon him joining his wife the benefits will reduce. plus the overstay doesnt affect spousal applications. Not quite sure on this though.

See also HELP! COA recieved but fiance's student visa expired. Marry? Although they won't refuse him simply due to the overstay (paragraph 320(7C)), they may refuse under paragraph 320(11).

However, as you have a child together, see also Chikwamba v. Secretary of State for the Home Department

Suggest you get further advice.

shitlife wrote:

chetanojha wrote:

shitlife wrote:hi everybody,
My partner came to uk from north africa in 2007 on a visitors visa, he has overstayed now for almost 2 yrs. We have been together for over a year and been living together for nearly a year, we have a baby daughter who is 6 weeks old. We plan to go to his country (North Africa) to get married and apply for a spouse visa but we have a few problems and could do with some good advice.
I am a british citizean who receives benefits as a single mum ;
Will this affect us applying for a spouse visa?
also the benefits agency want to know some information abt my partner. What should i tell them? If i tell them anything, could that alert the home office?
If I dont tell them that he lives with us, could this affect our application for spouse visa when we apply in embassy?

hopefully we can find good answer to our critical situation. Please help

I am not fully aware of the rules, but since your partner is overstaying here for 2 years he could be deported. On top of that you are planing to marry, it will be difficult to convince home office that your partner is not marrying you for the sake to british citizenship. I know I am not helping here, but I think you should see a lawyer and take professional advice.

could he be dported even if we have a baby of 6 weeks???

Don't think for one second that a child is your get out of deportation card.

Was going to say the same thing don't think having a child gets you out of deportation.

Have you read the UKBA website regarding a spouse visa?? I think he is better if he leaves of his own accord, applies gets married in his home country and then apply for a spousal visa?

You will probably want to improve your finances a bit?
read this

ciaramc wrote:Was going to say the same thing don't think having a child gets you out of deportation.

Have you read the UKBA website regarding a spouse visa?? I think he is better if he leaves of his own accord, applies gets married in his home country and then apply for a spousal visa?

You will probably want to improve your finances a bit?
read this

Thats wot really we wanna do , travel back to his own country get married and then apply for spouse visa in british embassy ,but our worry is that we get refuse esspecially iam under benefit ...
in my situation whats the best solution plz??? Thanks to evrybody who try to help and clear things

ciaramc wrote:Was going to say the same thing don't think having a child gets you out of deportation.

Have you read the UKBA website regarding a spouse visa?? I think he is better if he leaves of his own accord, applies gets married in his home country and then apply for a spousal visa?

You will probably want to improve your finances a bit?
read this

if they deport him they have to deport me as well

shitlife wrote: if they deport him they have to deport me as well

It's entirely up to you! UKBA doesn't particularly CARE!

Sorry but totally agree with Rozen they don't care.....

The chances of being issued a spouse visa will be slim if you can't provide evidence that you will not become a burden to the state? Can you not get a job??? Not sure if you have one? But that will be a big step forward. Also what are his finances like? Where is he from? The best idea would be to go his home country and get married (Well that's my opinion).

ciaramc wrote:Sorry but totally agree with Rozen they don't care.....

The chances of being issued a spouse visa will be slim if you can't provide evidence that you will not become a burden to the state? Can you not get a job??? Not sure if you have one? But that will be a big step forward. Also what are his finances like? Where is he from? The best idea would be to go his home country and get married (Well that's my opinion).

To be honest i cannot leave my baby of 6 weeks old and go to work full time,abt my partner his from nice north afrcain country,he got some friends here they can find for him a job in home care, super market ,restaurant,building jobs,
abt the finances i will be clear and honest, i got £4000 extra in my bank account ,that excluding the traveling cost and spouse visa ....
can that money in my bank account help??? £4000 to help somone for a month or less is not bad ????

It's YOU that should find the work! Not him as an overstayer! If these 'friends' give him work while he is in the country illegally, you are just making a bad situation worse! Not to mention that these 'friends' will be fined thousands of £££s, should they be discovered to be hiring people without right of work.
As he's from a 'nice North African country', he really should go home and apply for the proper visa. Baby or no baby. Sorry, but that's the harsh reality.

I'm kinda on the same page as Rozen! Your savings will really help but you are going to have to go to another country and get married and pay for a spouse visa???? Which is real expensive. You say he is from a really nice African country eh are they all not nice? Do you not want to tell us where he is from? If you let us know where he is from maybe somebody in a similar situation can give you some advice?

You said he came on a visitor visa? He must have proved finances then? How did he get a visa? I understand you have a young baby...but immigration will not really care....it is better he goes home asap...then why don't you try get a job to prove you can support him? Maybe wait awhile before applying for the spouse visa? Have you got somewhere for both of you to live?

ciaramc wrote:I'm kinda on the same page as Rozen! Your savings will really help but you are going to have to go to another country and get married and pay for a spouse visa???? Which is real expensive. You say he is from a really nice African country eh are they all not nice? Do you not want to tell us where he is from? If you let us know where he is from maybe somebody in a similar situation can give you some advice?

You said he came on a visitor visa? He must have proved finances then? How did he get a visa? I understand you have a young baby...but immigration will not really care....it is better he goes home asap...then why don't you try get a job to prove you can support him? Maybe wait awhile before applying for the spouse visa? Have you got somewhere for both of you to live?

to answer to ur question
No i dont have any problem to say from where he came,He is Tunisian,
when he came in vistor visa he had we bit of saving in his account and abt tellin me to go out now and looking for job, i dont think any women in world can do it, my baby is only 7weeks and i dont really wanna lose the superb time iam havin now

I want solution

Rozen wrote:It's YOU that should find the work! Not him as an overstayer! If these 'friends' give him work while he is in the country illegally, you are just making a bad situation worse! Not to mention that these 'friends' will be fined thousands of £££s, should they be discovered to be hiring people without right of work.
As he's from a 'nice North African country', he really should go home and apply for the proper visa. Baby or no baby. Sorry, but that's the harsh reality.

he is not workin now , but his friends are legall in this country and they CAN help him to work when he got his visa ,
I just want solution, goin back and apply for spouse visa thats the best thing to do , we all accept it , but the only thing we are worried abt itis that we get refuse i dont want loose my partner , we o ready got baby daughter and my son of 8 years like as best friend, we are happy together and we really think for nice futur