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Hi guys l was recently granted ILR in May 2010 following 9 year legal stay, 4 years student visa and 5 years work permit. l'm due to apply for British Citizenship in May 2011. My situation is l have just had my first born child in June 2010, the situation with the baby's mother is that she is currently an illegal overstayer, having submitted an asylum claim about 4 or more years ago but failed to follow the outcome of her case as she told me therefore it is very likely that she been an illegal imigrant since then. l wanted advice on the following: Can l marry her in this country and therefore change her staus to mine, or should l wait to be granted citizenship first. Again due to her own imigration status at present will the Home Office approve such a marriage or will she be immediately deported and the baby as well. l'm really worried. From what she told me she entered the UK in 2001 and was on student visa until 2005 when she decided to apply for asylum which ofcoz she has not followed the outcome of the case either becoz she was scared it would be rejected and then be sent back to her country. So at present she has not fullfilled the 13 years illegal stay to be granted ILR as well. We are looking for advice about where we go from here.we have been in arelationship for about 4 years now and the relationship is really genuine and the result is the wonderful new baby. Can we get married without any problems from the home office approving the marriage and also what is the status of the baby at present. Currently she is unable to work due to not having documents. Any advice please.

Goodman23 wrote:Hi guys l was recently granted ILR in May 2010 following 9 year legal stay, 4 years student visa and 5 years work permit. l'm due to apply for British Citizenship in May 2011. My situation is l have just had my first born child in June 2010, the situation with the baby's mother is that she is currently an illegal overstayer, having submitted an asylum claim about 4 or more years ago but failed to follow the outcome of her case as she told me therefore it is very likely that she been an illegal imigrant since then. l wanted advice on the following: Can l marry her in this country and therefore change her staus to mine, or should l wait to be granted citizenship first. Again due to her own imigration status at present will the Home Office approve such a marriage or will she be immediately deported and the baby as well. l'm really worried. From what she told me she entered the UK in 2001 and was on student visa until 2005 when she decided to apply for asylum which ofcoz she has not followed the outcome of the case either becoz she was scared it would be rejected and then be sent back to her country. So at present she has not fullfilled the 13 years illegal stay to be granted ILR as well. We are looking for advice about where we go from here.we have been in arelationship for about 4 years now and the relationship is really genuine and the result is the wonderful new baby. Can we get married without any problems from the home office approving the marriage and also what is the status of the baby at present. Currently she is unable to work due to not having documents. Any advice please.

I would see a solicitor...

Goodman23, there are a number of issues in what you post. Firstly, the status of your child? You tell us "l was recently granted ILR in May 2010 and also "l have just had my first born child in June 2010". That being the case, given the birth followed the grant of your ILR, your child has been a British Citizen ... from the moment of birth! It therefore follows that there is no chance of your child being deported!

I am presuming that you are named as the father on your child's birth certificate? If that is the case, you can apply for a British passport for your child, by producing that birth certificate, which also shows the child was born in the UK, and also producing your passport with its ILR visa.

Can l marry her in this country and therefore change her staus to mine, or should l wait to be granted citizenship first.

There is no logical reason to wait for anything, given you now have "settled status". But can the two of you get married in the UK? Firstly, what is the religion of you and your partner? Are you both Christian? Do the two of you by chance attend a Church of England Church? Let's clarify that before going any further with this aspect.

Also, although you do not mention it, what about benefits? Child Benefit? Tax Credits? Have claims now been submitted for those? If so, who claimed?

Does your partner have a NI number? Maybe from when she might have been working when she was a student?

Do the two of you live together at present?

Which country is your partner from?

John wrote:Goodman23, there are a number of issues in what you post. Firstly, the status of your child? You tell us "l was recently granted ILR in May 2010 and also "l have just had my first born child in June 2010". That being the case, given the birth followed the grant of your ILR, your child has been a British Citizen ... from the moment of birth! It therefore follows that there is no chance of your child being deported!

I am presuming that you are named as the father on your child's birth certificate? If that is the case, you can apply for a British passport for your child, by producing that birth certificate, which also shows the child was born in the UK, and also producing your passport with its ILR visa.

Can l marry her in this country and therefore change her staus to mine, or should l wait to be granted citizenship first.

There is no logical reason to wait for anything, given you now have "settled status". But can the two of you get married in the UK? Firstly, what is the religion of you and your partner? Are you both Christian? Do the two of you by chance attend a Church of England Church? Let's clarify that before going any further with this aspect.

Also, although you do not mention it, what about benefits? Child Benefit? Tax Credits? Have claims now been submitted for those? If so, who claimed?

Does your partner have a NI number? Maybe from when she might have been working when she was a student?

Do the two of you live together at present?

Which country is your partner from?

Thanx a lot for your advice John and everyone, very much appreciated. Yes l'm the registered father of the baby, in terms of benefits no l have not claimed, in fact l wasn't aware of these benefits, l will be in touch with the CAB for assistance with applying for these. In terms of religion, we are indeed both christian but we both attend Pentecostal church and not the church of England. Yes indeed we live together, in terms of NI she still has her NI number and lastly we are my parner is from Zimbabwe. Looking forwad to more advice, thanx

Shamwari get a lawyer! Google Rumbidzai Bvunzawabaya and see her. I hear she is good with your kind of issue.
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