Complicated Case (Need your thorough advise)

[zoe14]

Hi guys,

Situation:
I am an EU National and exercising my treaty rights. My girlfriend is from South East Asia and we lived together for almost a year now and we are currently almost 1 year in our relationship this coming April. She will give birth to our son this June 2014, she had overstayed her Sports visa since early 2013. We are planning to get married via civil marriage.

These are the ff questions:
1. If we go to a Registrar's Office, we are afraid that UKBA will detain her and deport her. Knowingly that her visa has expired, and her passport right now is replaced since it was lost before. What are the things we can do to prevent this from happening, and things that we can do to let her remain in the country?

2. For how many gestation (pregnancy) weeks is allowed for UKBA to deport someone?

3. A hospital administrative contacted her yesterday and requesting for documents to provide that she is a UK Resident, which she cannot be able to provide. They threatened to contact the Home Office is she wasn't able to do so and it will have grave consequences on her future HO Applications, what can/should we do?

4. Is there any service that Citizen Advice Bureau can provide in the matter of legal advise?

5. Which is the better time to move:
a) Now, as long as she is pregnant
b) Wait till the baby is born, and maybe a different type of application will help her.

Thank you for reading! I have confidence in your answers and trust in your judgement for what is right to do. Thanks in advance!

[sierra]

hi
citizen Advice bureau can give help too if they do not know they will refer you to a relevant solicitor and first advice from solicitor will be free but it can take some time no harm to try it them

ukba will not accept less than two years unmarried couple.

so getting married will be better now risk of ukba coming and deporting etc ,its not guaranteed they will come as I read some stories over here on forum they always do not come I registrar office report them only then they come and that's not always the case.
but there is no guarantee that it will not happen too so its 50/50 if you want to go ahead .
and last thing until she don't have an application with home office you have to be careful with immigration etc

[chaoclive]

You said you're an EEA national. What if you were to go to your country to get married/undertake a civil partnership? I guess you know that civil partnership in the UK isn't the same as a civil marriage. It is process for same-sex couples; however, the UK has recently passed a same-sex marriage law (apart from in Northern Ireland ).

What about going to another EEA country e.g. Norway/Denmark? I'm not sure which is easier but I've heard that some of the Nordic countries don't require residence for people to get married/civil partnered. Remember: that as your unmarried partner, you won't have many real rights until you have been together 2 years or get married/civil partnered. Once you're married, you won't have many problems!

Good luck!

[zoe14]

Hi Chaoclive,

Yes, we are planning to have civil marriage/civil partnership. Its impossible to enter to a different country as she will be deported automatically. Same as applying for a civil marriage here in UK, you will surrender your documents. And she will present her Passport to the Registrar, UKBA will have the opportunity to deport/arrest her during the ceremony.

On what grounds can I protect her since we will be vulnerable presenting her documentation, is it enough to tell UKBA that she is on her last trimester of pregnancy?

Set aside the fact that the hospital threatened that they will contact HO if she didn't provide any proof of residency.

[zoe14]

hi
citizen Advice bureau can give help too if they do not know they will refer you to a relevant solicitor and first advice from solicitor will be free but it can take some time no harm to try it them

ukba will not accept less than two years unmarried couple.

so getting married will be better now risk of ukba coming and deporting etc ,its not guaranteed they will come as I read some stories over here on forum they always do not come I registrar office report them only then they come and that's not always the case.
but there is no guarantee that it will not happen too so its 50/50 if you want to go ahead .
and last thing until she don't have an application with home office you have to be careful with immigration etc

Hello Sierra,

You are right, I have to talk to CAB about this, but I tried it before to a different borough and told me they cannot help her. Given that its 50/50, what can we do, can you recommend anyone or any organization who can freely give advise on this kind of cases?

Thanks for your help

[Obie]

Perhaps you could make an application on the basis of durable relationship.

Given the circumstance of you case, she may well succeed, and when you receive an acknowledgement. You can show the medical expert dealing with her pregnancy.