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Visa Help

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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kelc79
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Visa Help

Post by kelc79 » Wed Dec 14, 2011 12:06 pm

Im unsure if I am posting in the correct place, and apologies if I am...but I need help!

Omg, I really do not know where to start. I have been having a relationship with a Nigerian man, we have fallen in love and I am now pregnant. Big problem is he is married. He married a woman as his visa had expired and wanted to stay in the country. He has yet to receive his passport and visa back as they were only married in July. Obviously, this woman is very angry and is threatening to tell the home office so he is deported back to Nigeria, thus leaving my child with no father. I have no idea what can now happen, if he is deported, will he be allowed back in the country with his child being here?
I am not proud of the situation I am in, and would appreciate not being judged or ridiculed, I just need help.

geriatrix
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Re: Visa Help

Post by geriatrix » Wed Dec 14, 2011 12:08 pm

kelc79 wrote:Im unsure if I am posting in the correct place, and apologies if I am...but I need help!

Omg, I really do not know where to start. I have been having a relationship with a Nigerian man, we have fallen in love and I am now pregnant. Big problem is he is married. He married a woman as his visa had expired and wanted to stay in the country. He has yet to receive his passport and visa back as they were only married in July. Obviously, this woman is very angry and is threatening to tell the home office so he is deported back to Nigeria, thus leaving my child with no father. I have no idea what can now happen, if he is deported, will he be allowed back in the country with his child being here?
I am not proud of the situation I am in, and would appreciate not being judged or ridiculed, I just need help.
And what is your immigration status?
Life isn't fair, but you can be!

kelc79
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Joined: Wed Dec 14, 2011 11:49 am

Post by kelc79 » Wed Dec 14, 2011 12:12 pm

I am British, was born here, always lived here.

MPH80
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Post by MPH80 » Wed Dec 14, 2011 2:57 pm

I think there are two issues here that need clarity:

One is the relationship portion of this:

This man is currently married to another woman.
He is also in a relationship with you and you are carrying his baby.

Can you confirm whether the first relationship is a genuine relationship or is purely for the visa?

The second is the visa issue - and it depends partly on the answer to the first.

Yes, she can withdraw support from his application. Yes, that might result in refusal, but deportation is another matter.

There is a visa which is around access to a child and if he has a family here then there is his human rights (often referred to as article 8 rights) to consider.

The issue with the Access to a Child visa option is that if he applies from within country - he would have to have a current visa which allows him to be here on the basis of his relationship with you (see http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary section 3.1.vii)

He doesn't have that - at best he's going to have a visa with the first person. Which means he's restricted to applying for discretionary leave or applying from Nigeria.

The complication here is around the first relationship. IF this is a purely for the visa relationship (for example - they have no intention to live together) - then the home office could decide he's been deceiving them and this would make future applications harder (although not technically impossible).

If I was being dispassionate about this I would suggest the best result here would be if the first lady is a purely for the relationship visa and the following could take place:

Gain 1st visa to be with lady here
Divorce said lady (which she initiates on the grounds of adultery having been married a year apparently)
You get married and he applies for a fresh visa on the basis of being with you

However, I suspect the answer is that this lady is actually a genuine partner of this person (or believed so) - otherwise she'd have no reason to be angry about your pregnancy.

So we're back to the access to a child visa which gives you three options really:

1) Get the first visa, leave the country and apply for access to a child - he'll need a visitation order from a judge
2) Get the first visa, remain in the country and apply for discretionary leave - but you'll need a good solicitor for this as the HO may say that he lied in the first application
3) Withdraw the application for the first visa and apply for one of the two above.

I hope some of that helps and perhaps someone else can come up with a better option - but being completely honest - I think this person needs some good advice from a family lawyer and an immigration specialist.

M.

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Casa
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Post by Casa » Wed Dec 14, 2011 3:18 pm

If your partner's wife reports to the UKBA that the marriage was a sham then they are unlikely to grant the pending visa. First wait to see whether the visa is issued.
As far as divorcing his wife is concerned...under British law this can't be petitioned until they've been married for 1 year...which appears to be July 2012.
As has MPH80 has already suggested, you'd probably need to seek legal advice on this once you know whether he's been granted legal status here or not. As his original visa had expired and one would presume he was therefore an 'overstayer', a decision from the Home Office may take a considerable time.

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