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Sportsperson Pregnant and Overstayed

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Sportsperson Pregnant and Overstayed

Post by zoe14 » Thu Jan 30, 2014 7:51 am

Situation:
- She Overstayed (Arrival in UK: December 11, 2012 under Sports Visa)
- She is Pregnant for 20 weeks / 5 months
- We have been in the Relationship since April 2013 (10 months)
- Currently living under 1 Roof with the European Partner (for 9 Months now until present)
- We plan to get married as soon as possible before we move to a different city

Plan:
- Get Married
- Apply for EEA2
- Apply RC

Questions:
- How can we get married if SHE doesn't have a proof of address, is a tenancy agreement with the Landlord's approval that we rented his place for 9 Months within the duration of our relationship? Otherwise her Maternity Records indicating her address enough as well to provide to the registry's office?
- How to obtain Evidence that the EU is exercising treaty rights - eg is a worker?

Thank you

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Sportsperson Pregnant and Overstayed

Post by askmeplz82 » Thu Jan 30, 2014 8:53 am

You are said to be exercising Treaty rights if you are:

employed or self-employed; or
studying; or
economically self-sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.


Proof of address: Bank statement, council letters, Utility bills, Provisional license

Family member of an EU national ( excluding UK national ) can apply for EEA2
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Re: Sportsperson Pregnant and Overstayed

Post by zoe14 » Thu Jan 30, 2014 11:22 am

Hi Askmeplz82,

The main problem right now is that she cannot provide any Proof of Address, any of the above that you mentioned : Bank statement, council letters, Utility bills, Provisional license she doesn't have.

Is there anyway you can guide us through on how to obtain a Proof of Address?
With her condition, its definitely a problem since she doesn't have any valid visa to show to the bankers but rather just a Passport.

Thank you so much!

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: Sportsperson Pregnant and Overstayed

Post by dalebutt » Thu Jan 30, 2014 12:16 pm

Get a TV license in her name. You can sign up online, if you already have an account you can change it to her name, same applies to your utility bills, you can ring your provider up and change the name to hers.

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Advise Needed: Overstayed and Pregnant with EEU National

Post by zoe14 » Sun Feb 02, 2014 6:38 pm

Hi,

My partner is currently 5 Months pregnant and had overstayed her visa for almost 10 months now since the expiration date. I am a European and exercising my treaty rights here in this country. We are being asked by solicitors for £2000 to work on our papers. Which I find absurdly expensive and I cannot afford it.

I want to marry her but we cannot be able to produce any form of Proof of Address. Set aside the fact that its very expensive, is there any alternate way to do this. My plan is get Married (Civil Union then we apply for EEA2 Form and I will get her a Resident Permit). Let me know if I am missing something

I hope its workable...

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Which is more cheaper and advantageous?

Post by zoe14 » Wed Feb 05, 2014 2:57 pm

Which is cheaper?

Pay for a solicitor to sort out Papers for an Overstayer that is pregnant with an EEU National?
or
Pay for the Pregnancy and Childbirth Expenses in the Hospital?

Seneca
Member
Posts: 222
Joined: Thu Nov 14, 2013 1:37 pm

Re: Which is more cheaper and advantageous?

Post by Seneca » Wed Feb 05, 2014 5:17 pm

I don't know what is cheaper, but i do know what is most important first sort out your immigration status and have agreement with hospital to pay your bills in instalments if you can not afford to clear it in one go.

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Re: Which is more cheaper and advantageous?

Post by zoe14 » Fri Feb 07, 2014 12:20 pm

Hi Seneca and everyone reading this,

Sorting out my immigration status from scratch is pretty hard for me. Do you know any solicitors by any chance who are willing to be paid on installment basis?

Otherwise, what if I agreed to the hospital to pay on installment basis but few months after giving birth I was able to sort out my Immigration status, will that overpower my previous agreement?

Thanks

Seneca
Member
Posts: 222
Joined: Thu Nov 14, 2013 1:37 pm

Re: Which is more cheaper and advantageous?

Post by Seneca » Fri Feb 07, 2014 5:07 pm

So far i have not use any legal adviser, Therefore i can not make any recommendation. But what i suggest you do is do some research on the internet.

http://www.ilpa.org.uk/pages/find-immig ... n_adviser/


You can write simple email explaining very brief your circumstance and what kind of advice you are looking for and terms of payment they are willing to accept and send it to 20 or so local lawyers.

Questions like what do you charge for this kind of case, Would you accept payment in instalment, if you so, what will be first payment i will be required to make, Would you accept three instalment one every two months. What are your success rate, what are chances of achieving successful outcome in my case. You can then Google their name to see what kind of reputation they have.

Many will only be to happy to call you back and discuss your questions, some will even offer first 30 minutes for free or for very little sum. others may be able to make recommendation.

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Re: Which is more cheaper and advantageous?

Post by zoe14 » Fri Feb 07, 2014 8:42 pm

Hi Seneca,

Thanks for this tip. I will do it asap. I feel that we really need to rush things in doing all the applications to save our baby's future.

Thank you and I hope you don't mind me adding you up as a friend in this forum

Seneca
Member
Posts: 222
Joined: Thu Nov 14, 2013 1:37 pm

Re: Which is more cheaper and advantageous?

Post by Seneca » Sun Feb 09, 2014 11:44 am

No problem at all. Goodluck.

User avatar
Pablito
Member of Standing
Posts: 255
Joined: Sat Dec 15, 2012 1:56 am
Location: Edinburgh
Poland

Re: Which is more cheaper and advantageous?

Post by Pablito » Sun Feb 09, 2014 12:42 pm

How far pregnant are you now? Do you have your own GP?

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Re: Which is more cheaper and advantageous?

Post by zoe14 » Fri Feb 14, 2014 1:28 pm

Hi Pablito,

I just read your message now. I am currently 5 months pregnant.

User avatar
Pablito
Member of Standing
Posts: 255
Joined: Sat Dec 15, 2012 1:56 am
Location: Edinburgh
Poland

Re: Which is more cheaper and advantageous?

Post by Pablito » Fri Feb 14, 2014 1:55 pm

zoe14 wrote:Hi Pablito,

I just read your message now. I am currently 5 months pregnant.
do you not plan to get married to your eea partner? I would consider some options before you contact lawyer they are not always so helpful but they like taking your money. Has your eea partner got permanent residence in UK? And what nationality you plan your baby to have after is born?

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Re: Which is more cheaper and advantageous?

Post by zoe14 » Thu Feb 20, 2014 1:49 pm

Hello Pablito,

Do you not plan to get married to your eea partner? Yes, Civil Union Partnership.
Has your eea partner got permanent residence in UK? Permanent Residence, he is exercising his EEA Treaty Rights and working currently for 2 years now.
And what nationality you plan your baby to have after is born? British Citizen

I am planning to make the application from scratch and register with a GP as well.
Worse case scenario, within my pregnancy period I won't be able to sort it all out (EEA, Getting Married, Residence Permit)

**Do you think I stand a chance not getting deported/detained by the immigration forces after and before giving birth?

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Overstayed Pregnant to an EEU Partner

Post by zoe14 » Fri Feb 28, 2014 11:54 am

Hi Everyone,

I need more complex advise on this.
Man: European Citizen exercising Treaty Rights in UK
Woman: 5 Months Pregnant, Overstayed under Sports Visa
Relationship: 11 Months upto Present

The baby is mine, and I want to give the best help I could ever provide for her and our baby. We plan to get married soon and that will take probably (3-4 months) just to do it.
Our plan is, before she gives birth we will get married.
After giving birth we will work on our EEA Application + her Residence Permit

I cannot afford to pay for a solicitor, they are asking me £2000 just for the EEA Route Application. I would like to know what I need to do. Does anyone know the step by step process for this?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Overstayed Pregnant to an EEU Partner

Post by Obie » Fri Feb 28, 2014 7:18 pm

She may qualify as unmarried partner, if you are in a durable relationship, which appears to be the case, and in all the circumstances, it seems appropriate for the secretary of state to issue the permit.
Smooth seas do not make skilful sailors

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

Re: Overstayed Pregnant to an EEU Partner

Post by zoe14 » Wed Mar 05, 2014 10:54 am

Hi Obie,

The problem here Obie, we received a letter coming from the Hospital that they will take it against us if we will not provide any documentation that she is allowed to stay in UK. They have threatened that it will take against its toll in the Immigration Application once the UKBA finds out that she is receiving maternal care whilst overstaying.

My point is, how can I argue with this when they require a proof of residency which I cannot provide as of the moment.

I hope there's a way for this. I don't want her to be stressed out - her and our baby matters to me alot.
I just wish that I have resources (financially) to pay for a solicitor to get this done and out of our heads.

357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 9:56 pm
Location: Bulgaria
Bulgaria

Re: Overstayed Pregnant to an EEU Partner

Post by 357mag » Wed Mar 05, 2014 12:08 pm

Put in the eea2 application now.
As Obie says as a durable relationship.
It could be refused as not being 2 years but you can appeal that, by which time baby is born and maybe Zambrano applies?
If she is here as applicant of partner of someone exercising treaty rights she is no longer an overstayer so treatment should not be a problem, it shouldn't anyway because it is for protecting the unborn baby more than the mother if you see what I mean.
Get married it will make things a lot simpler.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

zoe14
Junior Member
Posts: 52
Joined: Thu Jan 30, 2014 7:15 am

How to get Married with an Overstayer?

Post by zoe14 » Fri Mar 14, 2014 9:30 pm

Hi,

Me and my partner is planning to get married ( Civil Partnership )
We will have a baby soon, her Passport now has no Stamp of entering UK because she Lost her original Passport and now had it replaced. She entered the country legally using Sportsperson Visa valid for 6 Months and now she is 1 year and 3 Months Overstaying in UK

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: How to get Married with an Overstayer?

Post by vinny » Fri Mar 14, 2014 10:14 pm

I've merged your posts that were scattered around.

See also Marriages and civil partnerships in the UK.
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.
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