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Sportsperson Pregnant and Overstayed
Posted: Thu Jan 30, 2014 7:51 am
by zoe14
Situation:
- She Overstayed (Arrival in UK: December 11, 2012 under Sports Visa)
- She is Pregnant for 20 weeks / 5 months
- We have been in the Relationship since April 2013 (10 months)
- Currently living under 1 Roof with the European Partner (for 9 Months now until present)
- We plan to get married as soon as possible before we move to a different city
Plan:
- Get Married
- Apply for EEA2
- Apply RC
Questions:
- How can we get married if SHE doesn't have a proof of address, is a tenancy agreement with the Landlord's approval that we rented his place for 9 Months within the duration of our relationship? Otherwise her Maternity Records indicating her address enough as well to provide to the registry's office?
- How to obtain Evidence that the EU is exercising treaty rights - eg is a worker?
Thank you
Re: Sportsperson Pregnant and Overstayed
Posted: Thu Jan 30, 2014 8:53 am
by askmeplz82
You are said to be exercising Treaty rights if you are:
employed or self-employed; or
studying; or
economically self-sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.
Proof of address: Bank statement, council letters, Utility bills, Provisional license
Family member of an EU national ( excluding UK national ) can apply for EEA2
Re: Sportsperson Pregnant and Overstayed
Posted: Thu Jan 30, 2014 11:22 am
by zoe14
Hi Askmeplz82,
The main problem right now is that she cannot provide any Proof of Address, any of the above that you mentioned : Bank statement, council letters, Utility bills, Provisional license she doesn't have.
Is there anyway you can guide us through on how to obtain a Proof of Address?
With her condition, its definitely a problem since she doesn't have any valid visa to show to the bankers but rather just a Passport.
Thank you so much!
Re: Sportsperson Pregnant and Overstayed
Posted: Thu Jan 30, 2014 12:16 pm
by dalebutt
Get a TV license in her name. You can sign up online, if you already have an account you can change it to her name, same applies to your utility bills, you can ring your provider up and change the name to hers.
Advise Needed: Overstayed and Pregnant with EEU National
Posted: Sun Feb 02, 2014 6:38 pm
by zoe14
Hi,
My partner is currently 5 Months pregnant and had overstayed her visa for almost 10 months now since the expiration date. I am a European and exercising my treaty rights here in this country. We are being asked by solicitors for £2000 to work on our papers. Which I find absurdly expensive and I cannot afford it.
I want to marry her but we cannot be able to produce any form of Proof of Address. Set aside the fact that its very expensive, is there any alternate way to do this. My plan is get Married (Civil Union then we apply for EEA2 Form and I will get her a Resident Permit). Let me know if I am missing something
I hope its workable...
Which is more cheaper and advantageous?
Posted: Wed Feb 05, 2014 2:57 pm
by zoe14
Which is cheaper?
Pay for a solicitor to sort out Papers for an Overstayer that is pregnant with an EEU National?
or
Pay for the Pregnancy and Childbirth Expenses in the Hospital?
Re: Which is more cheaper and advantageous?
Posted: Wed Feb 05, 2014 5:17 pm
by Seneca
I don't know what is cheaper, but i do know what is most important first sort out your immigration status and have agreement with hospital to pay your bills in instalments if you can not afford to clear it in one go.
Re: Which is more cheaper and advantageous?
Posted: Fri Feb 07, 2014 12:20 pm
by zoe14
Hi Seneca and everyone reading this,
Sorting out my immigration status from scratch is pretty hard for me. Do you know any solicitors by any chance who are willing to be paid on installment basis?
Otherwise, what if I agreed to the hospital to pay on installment basis but few months after giving birth I was able to sort out my Immigration status, will that overpower my previous agreement?
Thanks
Re: Which is more cheaper and advantageous?
Posted: Fri Feb 07, 2014 5:07 pm
by Seneca
So far i have not use any legal adviser, Therefore i can not make any recommendation. But what i suggest you do is do some research on the internet.
http://www.ilpa.org.uk/pages/find-immig ... n_adviser/
You can write simple email explaining very brief your circumstance and what kind of advice you are looking for and terms of payment they are willing to accept and send it to 20 or so local lawyers.
Questions like what do you charge for this kind of case, Would you accept payment in instalment, if you so, what will be first payment i will be required to make, Would you accept three instalment one every two months. What are your success rate, what are chances of achieving successful outcome in my case. You can then Google their name to see what kind of reputation they have.
Many will only be to happy to call you back and discuss your questions, some will even offer first 30 minutes for free or for very little sum. others may be able to make recommendation.
Re: Which is more cheaper and advantageous?
Posted: Fri Feb 07, 2014 8:42 pm
by zoe14
Hi Seneca,
Thanks for this tip. I will do it asap. I feel that we really need to rush things in doing all the applications to save our baby's future.
Thank you and I hope you don't mind me adding you up as a friend in this forum
Re: Which is more cheaper and advantageous?
Posted: Sun Feb 09, 2014 11:44 am
by Seneca
No problem at all. Goodluck.
Re: Which is more cheaper and advantageous?
Posted: Sun Feb 09, 2014 12:42 pm
by Pablito
How far pregnant are you now? Do you have your own GP?
Re: Which is more cheaper and advantageous?
Posted: Fri Feb 14, 2014 1:28 pm
by zoe14
Hi Pablito,
I just read your message now. I am currently 5 months pregnant.
Re: Which is more cheaper and advantageous?
Posted: Fri Feb 14, 2014 1:55 pm
by Pablito
zoe14 wrote:Hi Pablito,
I just read your message now. I am currently 5 months pregnant.
do you not plan to get married to your eea partner? I would consider some options before you contact lawyer they are not always so helpful but they like taking your money. Has your eea partner got permanent residence in UK? And what nationality you plan your baby to have after is born?
Re: Which is more cheaper and advantageous?
Posted: Thu Feb 20, 2014 1:49 pm
by zoe14
Hello Pablito,
Do you not plan to get married to your eea partner? Yes, Civil Union Partnership.
Has your eea partner got permanent residence in UK? Permanent Residence, he is exercising his EEA Treaty Rights and working currently for 2 years now.
And what nationality you plan your baby to have after is born? British Citizen
I am planning to make the application from scratch and register with a GP as well.
Worse case scenario, within my pregnancy period I won't be able to sort it all out (EEA, Getting Married, Residence Permit)
**Do you think I stand a chance not getting deported/detained by the immigration forces after and before giving birth?
Overstayed Pregnant to an EEU Partner
Posted: Fri Feb 28, 2014 11:54 am
by zoe14
Hi Everyone,
I need more complex advise on this.
Man: European Citizen exercising Treaty Rights in UK
Woman: 5 Months Pregnant, Overstayed under Sports Visa
Relationship: 11 Months upto Present
The baby is mine, and I want to give the best help I could ever provide for her and our baby. We plan to get married soon and that will take probably (3-4 months) just to do it.
Our plan is, before she gives birth we will get married.
After giving birth we will work on our EEA Application + her Residence Permit
I cannot afford to pay for a solicitor, they are asking me £2000 just for the EEA Route Application. I would like to know what I need to do. Does anyone know the step by step process for this?
Re: Overstayed Pregnant to an EEU Partner
Posted: Fri Feb 28, 2014 7:18 pm
by Obie
She may qualify as unmarried partner, if you are in a durable relationship, which appears to be the case, and in all the circumstances, it seems appropriate for the secretary of state to issue the permit.
Re: Overstayed Pregnant to an EEU Partner
Posted: Wed Mar 05, 2014 10:54 am
by zoe14
Hi Obie,
The problem here Obie, we received a letter coming from the Hospital that they will take it against us if we will not provide any documentation that she is allowed to stay in UK. They have threatened that it will take against its toll in the Immigration Application once the UKBA finds out that she is receiving maternal care whilst overstaying.
My point is, how can I argue with this when they require a proof of residency which I cannot provide as of the moment.
I hope there's a way for this. I don't want her to be stressed out - her and our baby matters to me alot.
I just wish that I have resources (financially) to pay for a solicitor to get this done and out of our heads.
Re: Overstayed Pregnant to an EEU Partner
Posted: Wed Mar 05, 2014 12:08 pm
by 357mag
Put in the eea2 application now.
As Obie says as a durable relationship.
It could be refused as not being 2 years but you can appeal that, by which time baby is born and maybe Zambrano applies?
If she is here as applicant of partner of someone exercising treaty rights she is no longer an overstayer so treatment should not be a problem, it shouldn't anyway because it is for protecting the unborn baby more than the mother if you see what I mean.
Get married it will make things a lot simpler.
How to get Married with an Overstayer?
Posted: Fri Mar 14, 2014 9:30 pm
by zoe14
Hi,
Me and my partner is planning to get married ( Civil Partnership )
We will have a baby soon, her Passport now has no Stamp of entering UK because she Lost her original Passport and now had it replaced. She entered the country legally using Sportsperson Visa valid for 6 Months and now she is 1 year and 3 Months Overstaying in UK
Re: How to get Married with an Overstayer?
Posted: Fri Mar 14, 2014 10:14 pm
by vinny
I've merged your posts that were
scattered around.
See also
Marriages and civil partnerships in the UK.