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Overstayer and a kid with a British citizen- not married

Questions and discussions about claiming benefits while living and working in the UK

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

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unfair
Junior Member
Posts: 58
Joined: Sat Apr 04, 2009 3:37 pm

Overstayer and a kid with a British citizen- not married

Post by unfair » Fri Sep 04, 2009 8:15 am

I came to the UK on a visitors' visa in 2004 and overstayed. I subsequently met a British guy and we now have a child who is 2.5 years old. I have been unable to work for a long period now and my child's father is catering for us.

Can anyone advise me as to what the options are for me to get a legal status and how to go about it?

I have been advised by some people to return home with my child's father, get married and then apply for the spouse visa but I'm afraid my son may not be allowed British citizenship and also, I may be denied the spouse visa.

Please offer advice. Thanks
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vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Sep 04, 2009 9:14 am

If child's father is British, then child is British.

After marriage, you may apply for a spouse visa, subject to the Maintenance and Accommodation requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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unfair
Junior Member
Posts: 58
Joined: Sat Apr 04, 2009 3:37 pm

Post by unfair » Fri Sep 04, 2009 4:05 pm

vinny wrote:If child's father is British, then child is British.

After marriage, you may apply for a spouse visa, subject to the Maintenance and Accommodation requirements.
Ok thanks but is it still possible for us to get married here in the UK and still apply for a spouse visa? I'm asking because I don't know whether the fact that I overstayed will be used against me hence the visa denied me?
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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Sep 04, 2009 5:24 pm

unfair wrote:
vinny wrote:If child's father is British, then child is British.

After marriage, you may apply for a spouse visa, subject to the Maintenance and Accommodation requirements.
Ok thanks but is it still possible for us to get married here in the UK and still apply for a spouse visa? I'm asking because I don't know whether the fact that I overstayed will be used against me hence the visa denied me?
It's a question of proportionality, where is u home country? It may be easy just to return home and apply if ur country is not dangerous or unstable.
An chéad stad eile Stáisiún Uí Chonghaile....
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unfair
Junior Member
Posts: 58
Joined: Sat Apr 04, 2009 3:37 pm

Post by unfair » Fri Sep 04, 2009 6:48 pm

I come from Ghana. When you say 'proportionality' what do you mean? That, if my country's stable which it is, they'd see no reason why I can't return home to claim entry clearance?
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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Sep 04, 2009 8:14 pm

unfair wrote:I come from Ghana. When you say 'proportionality' what do you mean? That, if my country's stable which it is, they'd see no reason why I can't return home to claim entry clearance?
Yes.
An chéad stad eile Stáisiún Uí Chonghaile....
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