Overstayer with British child and British Partner

I and my British partner have a baby who has a British passport.
We recently moved in together after the baby.
how do I legalise my stay without going back to my home country?

You can apply for Discretionary Leave To Remain but this is going to take years to approve and is not a sure thing
If you are looking for a quick way to legalise your stay in the UK, there is none

Thanks for your answer. Where can I get the form for discretionary leave to remain?

A much quicker and easier way would be to return to your home country, marry your partner and apply for a spouse visa.

Monifé wrote:A much quicker and easier way would be to return to your home country, marry your partner and apply for a spouse visa.

Take Monife's advice, it's better to marry your partner if you are both up for it, go home and apply spouse visa(if there's no other issue, apart from overstaying). If you decide on DL, you need to seek legal help from an expert/registered immigration solicitor.

Thanks for your answers, can i and my partner get married in any other european country? As he doesn't want to go to africa.

Only if you have a legal right of entry to the EU.

But if you do marry there - you'll still need to return home to apply for the spouse visa as it must be applied for where you are resident.

M.

lilly oloya wrote:Thanks for your answers, can i and my partner get married in any other european country? As he doesn't want to go to africa.

Why not apply for a COA(though is being abolished soon), or get married here in the UK, then decide on what to do after your marriage.

Applying for a Certificate of Approval (COA) to marry here runs the risk of alerting the UKBA to the overstay, which could result in removal before the marriage actually takes place. Marriage won't legalise your stay and he will still need to consider returning to his home country to apply for a spouse visa unless he takes the lengthy route with no guarantee of success. You really need to seek help from an legal professional who has experience with discretionary leave applications.
Why is he so against returning to Africa?

Why I suggesed the COA idea was because he mentioned going to Europe to get married. I thought if he marry his partner, they might consider moving elsewhere in the EU for a bit and take advantage of the Surinder Singh judgement.

I agree with Casa about COA being a ''risky adventure'' but its possible as a lot of people that I know including myself actually applied for COA while having no leave to remain and we all got it (through a solicitor) and we all got married in the UK.

Considering the OP's circumstances, he's in a genuine relationship so I will say he's got a chance. Get a good solicitor and go for it, then decide whether to move elsewhere in the EU, go home to apply spouse visa or otherwise. Its your choice really.