Overstayed problem with EU-student. Please help.

[silviuss]

Hello,
I have a really big problem. I am living in UK for 9 years and in 2009 and I overstayed for 7 years due to some problems with an application as a student in 2004.
In 2009 I've met my current bf. We are now expecting a child, in October and we'd like to fix our immigration issues before the baby arrives.

My bf is EU (Romanian) Student working as a self employed and he has a yellow card registration certificate (allowed to work as full timer in holidays and part time in the therm time) , I am east African.

We would like to know how we could address this issue since Romanians and Bulgarians are treated differently from the other EU members.

Also we would like to know if it's possible to apply before getting married so we wouldn't risk an enforcement or removal.

We heard also about human rights applications but we have no clue how to go about it.

If you have any good ideas about our situation we would be very happy.

Thanks

[John]

In 2009 I've met my current bf.

How long have the two of you actually been living together?

[silviuss]

We are living together for 1 year and 9 months but we do not have enough prof of address documents other than bank statements, medical cards, but still the prof we have won't cover the entire period we lived together. Otherwise we have photos, emails, friends that can confirm our relationship.

[Obie]

You may qualify for a residence card. Factors such as the child on the way, and the nature of your relationship, may carry a huge weight, and possibly lead to the discretion being exercisied in your favour.

[Directive/2004/38/EC]

If you are planning to get married in any case, then it may be easier to just do it.

You have been together for a good length of time, have documentation of being together, and have a baby on the way, ... I doubt you will have much trouble.

October is soon! Two more months...

[Qman]

Do you have your passport with you or is it with the HO? When I had issues with my student visa, they decided to hold on to my passport for safe keeping. As I found, giving notice for a marriage is difficult if you cannot prove you nationality.

From what I have been told, getting married can be risky, but even if the HO intervenes, once you show them that the relationship is genuine and there is a child on the way they should treat you a lot nicer.

But as always, what we say on here is no substitute for proper legal advice, just a push in the right direction.