we want to stay here

[india1980]

Hi all

I over stayed my tourist visa 4 years ago and I had a religious ceremony with my partner who has also over stayed his tourist visa.

We have 2 beautiful daughters born in the uk. My oldest is 2 and my youngest is 8 weeks old.
We want to continue to live here in the uk, what can we do next to become legal residence???

Any advice please…..thanx

[MPH80]

Where are you from originally?
Where is your partner from originally?
What citizenship do your kids have?
Are you married legally or just spiritually?
Why did you overstay originally?

[india1980]

dear MPH80

we both from india.
children were born in the england and have legitimate british birth certificates (does that automatically give them british citizenship?? ,...i don't know).
we are both married spiritually in a sikh temple.
we over stayed cuz we both liked england and didn't wanna go back to india....

[MPH80]

No - your children having british birth certificates doesn't make them british - it simply means they were born here. At best - they have Indian citizenship.

Ok - do either of you qualify for visas in your own right otherwise?

Have you been working illegally? If not - how have you been supporting yourselves? Have you been paying for your NHS bills?

The answers to these will affect whether returning and applying for legitmate visas would work.

I don't think you have many options to legalise your stay right now to be honest.

You haven't been here long enough to claim 14 years residence ... so your only option really is an Article 8 application (right to family life). This can normally be activated when the children are slightly older though if it's a big upheaval to move them to another country.

At the age they are - they could be moved to India without too much hassle. India isn't regarded as a dangerous country - so there's no risk in going back. The Home Office can simply say you can exercise your right to a family life in India.

I'd find a good immigration expert and consult them - but an Article 8 application will take a long time - during which you still won't legally be here.

M.

[Casa]

Article 8 - Human Rights is unlikely to apply. You are able to have a family life in your own Country, India. The fact that you have both overstayed your visitor visas because you like living here won't hold much weight in an appeal. I'm not being judgemental, but unfortunately this is why so many genuine visitors find it difficult to be granted a visa as the UKBA believe they will overstay.
The question about the use of NHS facilities for yourselves and the birth of your children is an important one.