unmarried partners one without legal stay

[Becca123]

Hello all am new here so please be kind . I am british national and have four children with my partner. We met back in 1997 and he had just come into the country in 1996 and was given a visiting visa. In 1997 he applied for a student visa and he renewed a couple of times until his close member of the family passed away and he couldnt afford it then. So basically he has been illegal since then. We applied for his IND in 2006 but since havent heard anything. We are just worried that with these new rules being enforced regarding illegal immigrants whether this will affect him as well. We are also extremely worried about the outcome as i will not be able to cope on my own with four kids. Just wondered if anyone has been in a similar situation or can help with putting our minds at rest. We also heard that if we were married it would make it a lot easier but him coming from Zimbabwe is a bit of a problem with the current situation. Otherwise we would have gone back and got married.

[thsths]

Hello all am new here so please be kind . I am british national and have four children with my partner. We met back in 1997 and he had just come into the country in 1996 and was given a visiting visa. In 1997 he applied for a student visa and he renewed a couple of times until his close member of the family passed away and he couldnt afford it then. So basically he has been illegal since then. We applied for his IND in 2006 but since havent heard anything. We are just worried that with these new rules being enforced regarding illegal immigrants whether this will affect him as well. We are also extremely worried about the outcome as i will not be able to cope on my own with four kids.

I am not an expert, but as far as I can see, you have no reason to be worried. I assume at least one child is 7 years old? In that case you can stay on human rights grounds, or rather he cannot be deported. Even the Home Office admits so.

This does not mean that you can necessarily legalise his stay at this point. Reasonably you would expect that the Home Office grants exceptional leave to remain, but nothing is ever certain with exceptions. Also the application could take a long time (say 3 years). Just remember that time is working in your favour, at least until all the kids are 18.

Tom

[Becca123]

Hello all am new here so please be kind . I am british national and have four children with my partner. We met back in 1997 and he had just come into the country in 1996 and was given a visiting visa. In 1997 he applied for a student visa and he renewed a couple of times until his close member of the family passed away and he couldnt afford it then. So basically he has been illegal since then. We applied for his IND in 2006 but since havent heard anything. We are just worried that with these new rules being enforced regarding illegal immigrants whether this will affect him as well. We are also extremely worried about the outcome as i will not be able to cope on my own with four kids.

I am not an expert, but as far as I can see, you have no reason to be worried. I assume at least one child is 7 years old? In that case you can stay on human rights grounds, or rather he cannot be deported. Even the Home Office admits so.

This does not mean that you can necessarily legalise his stay at this point. Reasonably you would expect that the Home Office grants exceptional leave to remain, but nothing is ever certain with exceptions. Also the application could take a long time (say 3 years). Just remember that time is working in your favour, at least until all the kids are 18.

Tom

Hi Tom
Thank you for that at least we know where we stand and our worst fears put aside for the time being. The oldest child is now 10 and the youngest is two months. So what you are thinking is they cannot deport him even if they refuse to give him the stay and he can apply on the basis of human rights ground, that is a breath of fresh air thank you very much.

[jei2]

Becca

The 7 year policy only applies where the child itself does not have leave to remain - note also it is not an automatic right which would guarantee your partner leave to remain.

However as you and your partner are not married, your children take your immigration status. They should therefore all be British citizens and the issue of the 7 year policy does not arise.

Your partner will definitely need representation and should look at relying on Article 8 (right to family life) of the Human Rights Act rather than the 7 year policy.

Given the impending changes in immigration rules regarding re-entry to the UK for overstayers, I would suggest that he seeks advice in submitting an application as soon as possible. Good luck!

[JAJ]

However as you and your partner are not married, your children take your immigration status. They should therefore all be British citizens and the issue of the 7 year policy does not arise.

Not an accurate comment, but in this case the conclusion is correct - children are British citizens.

[hello_kitty]

I read many people who got their spouse visa (back to their home country) even they had over stayed. Especially those with kids. Sometimes it can be exceptional. The new law cannot just refuse some one who had overstayed. They need more points & reason to do that. There are always compasionate reason for family members and just like others said 'family rights'.

[jei2]

JAJ

Oops! - you're quite right. I jumped the gun in assuming that all the children were born before 1 July 2006.

Nevertheless as you say the conclusion certainly makes for better chances than the increasingly difficult 7 year concession.

[chibage]

Jei2 DO you know How long does the 7yr concession take to be processed. I know someone who has been waiting 2yrs??? Hellokitty are you saying that if an overstayer spouse returned for entry clearance then the home office may not ban them for a year or 10? Even though these are the new rules? I hope what you saying is true (wishful thinking).

[jei2]

Chibage

Basically, how long is a piece of string?

If an application falls outside of the immigration rules eg a concession such as the 7 year rule for children, it's very likely to go to the back of the processing queue. Sorry I can't give anything more specific than this. Maybe someone else has a clearer idea.

At the moment, two years is a pretty standard waiting time for an application based on a concession. However this may change when the rules are overhauled by the end of 2008.

I agree with you that it would be wishful thinking for the Home Office not to exclude married overstayers from the new exclusion rules in April. This would create (to use the government's own buzz words) a two tier system which would make it unfair to those overstayers who are not married but who may have equally compassionate circumstances.