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Partner Visa

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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mannomisha
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Posts: 6
Joined: Thu May 28, 2015 12:46 am

Partner Visa

Post by mannomisha » Sat Apr 09, 2016 12:42 am

hiya!
I need to ask something for my friend, she was a genuine student for one and half year, after that she married with a British girl (Lesbian) and got visa for two and half years. Now it's been about one year and they want to have a baby. If my friend who have two and half year partner visa get in a relationship with a boy to have baby, what will be the status of that boy? If he don't have any visa at the moment, will he get the visa on behalf of the baby? Kindly help me in this regard. Thanks!

secret.simon
Moderator
Posts: 11587
Joined: Thu Feb 21, 2013 9:29 pm

Re: Partner Visa

Post by secret.simon » Sat Apr 09, 2016 12:53 am

mannomisha wrote:she married with a British girl (Lesbian) and got visa for two and half years. Now it's been about one year and they want to have a baby. If my friend who have two and half year partner visa get in a relationship with a boy to have baby, what will be the status of that boy?
One of the spouses having a relationship with a man outside the marriage purely for the purpose of procreation would create a sticky situation for all of them.

As your friend's spouse is a British citizen, she is likely to be eligible for assisted reproduction (IVF treatment).

Any child born to the couple through IVF will have both mothers listed as parents on their birth certificate. The sperm donor will not have any relationship with the child and would not be able to claim any right to remain based on that.

As the child will be born to a British citizen, it will be British by birth.

British passport for children born through Assisted Reproduction

Further reading
Donor insemination and fertility treatment
For couples in a civil partnership or marriage

If a baby is conceived in a UK licensed fertility clinic or at home and the couple are in a civil partnership or married, then the non-birth mother will automatically be the second legal parent and will be named as such on the birth certificate. The donor will have no legal parenthood status.
NHS - Gay health: having children

The London Womens' Clinic
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Partner Visa

Post by ohara » Sat Apr 09, 2016 5:06 am

It sounds like it's more of a question as to whether an anchor baby will work.

If I understand right, your friend is a third country national on student visa (female) and is married in the UK to a British citizen (female). They want to have a baby and are considering using a surrogate father who is in the UK illegally.

Your question seems to be whether being a surrogate father will help to legitimise the man's stay. Am I correct?

mannomisha
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Posts: 6
Joined: Thu May 28, 2015 12:46 am

Re: Partner Visa

Post by mannomisha » Thu Apr 14, 2016 12:02 am

    Ohara! yes I was asking the same which you thought but I think Simon cleared it the father Won't get any visa on behalf of the child.
    Moreover I want to ask if those two partners get divorce so tmy friends visa will be cancelled straight away, is their any other way to get visa except asylum?

    Wanderer
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    Joined: Thu Apr 21, 2005 1:46 pm
    Ireland

    Re: Partner Visa

    Post by Wanderer » Thu Apr 14, 2016 12:23 am

    mannomisha wrote:
      Ohara! yes I was asking the same which you thought but I think Simon cleared it the father Won't get any visa on behalf of the child.
      Moreover I want to ask if those two partners get divorce so tmy friends visa will be cancelled straight away, is their any other way to get visa except asylum?
      Using a child like this even if prospective is reprehensible as is claiming asylum just because the other con failed.

      Bad form.
      An chéad stad eile Stáisiún Uí Chonghaile....

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      Casa
      Moderator
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      Joined: Wed Jul 23, 2008 3:32 pm
      United Kingdom

      Re: Partner Visa

      Post by Casa » Thu Apr 14, 2016 8:50 am

      So they were planning to have a (surrogate) baby, but the alternative is to divorce? Do you want to tell us the actual situation? :|
      (Casa, not CR001)
      Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

      mannomisha
      Newly Registered
      Posts: 6
      Joined: Thu May 28, 2015 12:46 am

      Re: Partner Visa

      Post by mannomisha » Sat Apr 16, 2016 11:45 pm

      You people are more in criticizing and taunting rather than helping or answering the questions simply, so this platform is of no use. Thanks!

      ohara
      Diamond Member
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      Joined: Fri Jan 27, 2012 7:00 pm
      Location: hiding in a badger sett
      United Kingdom

      Re: Partner Visa

      Post by ohara » Sun Apr 17, 2016 8:13 am

      Well I'm not sure what exactly what you expect, you've been given correct information here :?

      If your "friend" wants to legitimise his stay, why doesn't he return to his home country and then come back to the UK in a legal way? Fathering a surrogate baby will not help and could even bring him to the attention of the authorities who will then no doubt remove him.

      How long has your friend been here?

      How did he enter the UK?

      Why did he not apply for asylum immediately when he arrived?

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