Undocumented and pregnant

[pnhelp10]

I am wondering if there is any advice in this situation:

Undocumented migrant who is heavily pregnant and married to a British citizen, however she entered the country as a visitor and and has since overstayed.

The marriage did not occur in the UK, but in her native country.

What possible options does she have to legitimise her status?

Thanks for any advice

[CR001]

I think you can use FLR(FP)

https://www.gov.uk/government/publicati ... form-flrfp

[Wanderer]

Did she pay for the Birth?

[Amber]

Wanderer she's pregnant, stop being cantankerous.

She may be eligible for FLR(FP) as CR001 has pointed out, subject to the provisions of exception one (click).

[Wanderer]

Wanderer she's pregnant, stop being cantankerous.

She may be eligible for FLR(FP) as CR001 has pointed out, subject to the provisions of exception one (click).

Cantankerous? I'm just asking as a concerned tax-payer.

[Amber]

She hasn't given birth, you're just being argumentative.

[Rayking]

@ Amber,thanks for putting this guy in check! And to you Wanderer,as much as you give good advise and do appreciate you for that but you've got to stop your sarcasm and being cheeky at times,it's not funny at all!
Whoever you are today in this country,you could have been one of the people going through this as well.I have watched you for months and your sarcasm and attitudes at times is ruining your good work.pls take note, the forum is for people going through hard time to get help and you ain't the only one paying tax Ok!

[Casa]

There is a point to consider however, that if the birth isn't paid for then the application to remain may become more difficult.

[Obie]

I have had to retract my previous post on wanderer.

It appears to me, that his question way cynical. That he was asking whether the child was paid for.

Notwithstanding the fact that I dont think his comments were made in good faith, I believe a retraction is warrented, as it may be legitimate.

If the child is British, as will be the case, then I think EX 1 will be in play.

[Wanderer]

I did misread the original post, and for that I apologise. I left my post though because as Casa said, the birth/impeding birth costs would have an effect on regularising the person in question's status.

I know I am Mr Cynic but I'm not anti immigrant/immigration, (suppose technically I'm one myself, Irish-born) and my partner is from Asia.

Anyway....

[357mag]

I dont think having paid or not comes into it. Surely there is the childs right to care that should be considered even before birth.

The child would be issued a British birth certificate so the mother must qualify under Zambrano.

[Casa]

I don't believe that Zambrano would apply in this case. See the following:
'The Zambrano rule only applies where the child is dependent on the parent
without leave: so primarily in cases where that parent is the child’s sole carer. If
the child is also receiving support from another person – for example from a
British parent or a second parent who can access work and benefits – then the
Zambrano exception will not apply'

[357mag]

The OP does not say the British person is in the UK. Dont know if that works.
Seems the OP is no stranger to traveling so Surinder Singh route might be a choice.
Or we hope and pray they reduce that damned financial requirement to a level normal people can meet. So spouse visa becomes on option.

[Casa]

It hasn't been mentioned that there's a lack of finance....only that the wife overstayed a visitor visa. This thread is now one of assumption as the OP (friend) hasn't responded to any of the posts.

[pnhelp10]

The situation has taken a frightening route for all concerned.


Within 24 hours of giving birth Social Services were called, and they applied for a protection order the very next day (as she has been unable to register with a GP), giving the couple no time to find legal representation.


The husband turned up at the hearing but it seems it was already a foregone conclusion; despite no health issues with the baby, nor the couple social miscreants (drug abusers, alcoholics or anything that would cause concern to a Social Worker) in any way; and their home already furnished for the baby's arrival, Social Services were granted the Protection Order albeit the Judge said this was a strange reaction from Social Services, he asked the Social worker, and their representatives if they do this for couples who come on holiday and suddenly get rushed to a hospital to give birth? To which they could not reply.


The Social Worker visited the couple's home today (the same day of seizing their baby), and despite seeing everything was in place for the baby's arrival, from her reaction has made it clear she has no intention of returning the couple's baby.


The mother has not even been allowed to feed the baby, and a hearing has been set for this Monday at a Children's Panel.


The couple have been frantically trying to find a family lawyer that will take the case in such short notice, but have been unsuccessful.


The speed at which Social Services have acted and their manner has been nothing short of alarming.


Does anyone have any experience with a Children's Panel Hearing, and the likelihood of the couple's baby being returned?

[MPH80]

Social services will always move fast when they are considering a child's risks. To do otherwise would be negligent. It is better to remove and return than wait and find an abused or neglected child or worse. The authorities have been burned enough in recent years (Baby P etc).

However, to find yourself on the wrong end of this must be distressing and I have a lot of sympathy for anyone who does - I cannot imagine what that would be like.

But I also find the story, as told, odd. For the judge to grant the order it suggests that there is more to this than meets the eye. It can't simply be 'lack of access to a GP' surely because the answer to that is relatively easy - it is not the mother that needs GP registration for the child's welfare - but the child and the child is a british citizen! (s)he can simply register with the father's GP and bingo. So I suspect there are other factors here at play.

There is more information on hearings here: http://www.scra.gov.uk/children_s_heari ... stions.cfm

(I assume your friends are in scotland)

I wish your friends luck.

[GingerM]

I was wondering if there was an update on this distressing story? Stories and experiences of undocumented people accessing healthcare (and the repercussions of this) are the subject of an article I'm researching at the moment (I'm an independent freelance journalist). It sounds like the experience of these parents reflects some of the problems that I'm frequently coming across in my research. Would it be possible to hear more about their experience?