*So Confused, need help*

[Kay..]

Hello everyone..

I read through some topics, very helpful yet I would like to tell my story and hopefully get personalied help.
-May2002, came to uk on one yr student visa kept renewing til my last visa expired Nov2005. I sent my application three days late for extension.I received a letter however in Jan 2006 asking for results. Upon getting my results, i sent back to home office but i had failed some exams hence I was denied on grounds of no satisfactory progress and I could not appeal due to late application.My pp was returned and letter to leave voluntarily.
A friend advised i see a solicitor and i did. He made a representaion on my behalf and home office replied that they would consider my application on the basis i provide additional evidence but because i didnt have any formal evidence to back it up, I left it."biggest Mistake"..
In July 2006 Home office wrote to say since i didnt have any evidence of Emotional Problems ie Doctors note, they rejected the whole application.
that was dated July! So I started planning on leaving.Before long I met my adorable boyfriend who has given me the best time here ever and i wanna be with him forever.dont feel like leaving the country.Since2005 I have made progress in my studies..All the years i have been here i have been full time school only worked part time, its just unfortunate that my hard work at school didnt yield me good results I graduate this yr...If i stil had my student visa i would have prob qualified for highly skilled or new graduate programme.
I put in another representaion through a different lawyer in March this yr..

My boyfriend is British and we plan to get married and he is very supportive. Problem is I am pregnant..

Advise me please what should i do to get back my legal status.
please

*my mum dad sister and bro have indefinate stayin uk.dad came on work permit but i was over 18 to be his dependent hence the student visa

[avjones]

Where are you from?

[Kay..]

I am from Kenya

[avjones]

You are very likely to have to go back to Kenya and make an entry clearance application as a spouse or fiance.

[John]

Kay, I agree with AVJones, going back to Kenya is the best route to pursue. But how pregnant are you?

If you are currently able to fly, either you both fly to Kenya and get married there, after which you would apply for a spouse visa, or alternatively if your fiancée is unable to travel with you, for example because of the need to work, you would fly there alone and then apply for a fiancée visa, then fly back and get married in the UK, following which you could apply for a spouse visa in the UK.

[Jeff Albright]

Yes, I agree with the above, because you have still knowingly overstayed and entered relationship whilst being aware of the lack of your status, so you did when you got pregnant. As such there are no truly exceptional circumstances that would justify the circumvention of the immigration rules.
Whilst you can try to get something done relying on Human Rights Article 8, it will be very difficult to succeed and the whole process will take years.

The best and the quickest option will be for you to submit your application for fiancee or unmarried partner to British High Commission in Nairobi. Note that if you intend to submit your application as an umarried partner you must provide sufficient evidence of relationship for 2 years immediately prior to the date of your application. If you do not have this evidence, go for financee visa but you will have to decide together if you are and all your families are happy for both of you to get married. You will also bring other grounds to your application - i.e. your baby and your family settled in the UK. Another option for you, of course, is to get married in Nairobi.

If you qualify as a Highly Skilled Migrant - this would be even better and quicker option for you. You can assess your skills and try to get HSMP approval even before leaving the UK.

Good luck and keep us posted!

[Kay..]

Thankyou all so much for your advice.This forum seems to have realistic and consistent advice, I should have known yrs ago!

Ok, I am only two months preg and H/O dont know.
I would travel to Kenya problem is though I am afraid, as I have overstayed my right to remain could case complications and a refusal in BHC kenya.

What about if I wait and and give birth then return home get married and apply for Spouse Visa

I recently moved into his house but I havent cahnged address, do you think it will be a good idea.

If i did persue the fiancee visa what are the chances considering i overstayed and The HSWP,will being preg not affect my application...

thankyou for your help,i would be grateful if you could look into the above options or clarify,......Many thanks

[Kay..]

thanks

[Jeff Albright]

The fact that you have overstayed will not affect your application through the route to settlement.
All you have to do is just to explain it to the ECO by writing a concise cover letter and explaining your reasons for overstay, that you attempted to apply for further extension but happened to do it 3 days late because.... and because... then you tried to complete your studies while your application was under consideration, then you tried to regularise your status and while doing this you met your soulmate... etc - that sort of content.
Also don't forget to answer correctly and honestly the question in VAF if you were required to leave the UK.

If you do decide to get married before you apply, you will be able to apply to come to the UK as a spouse and that would make your case stronger.