my partner overstayed student visa

[kirsty]

hi could someone please help.
i am a British citizen my partner is from African he came to the UK to study,we have been together nearly 2 years he has overstayed his student visa nearly a year now due to me finding out i was pregnant, we do not live together as i am on benefits and do not work as i have a 3 year old daughter from a previous relationship and if me and my partner were to live together we would struggle financially as my partner can not work also. we have been engaged since Dec 2010 my daughter calls him daddy and we have now just had our own son in Feb.we are so worried we are going to be separated from each other and my children will also suffer as my daughter is so close to my partner and we just want to be able to live peacefully with our children. we do have a solicitor helping us get everything we need together for my partner to apply for discretionary leave to remain in the UK but I just wondered if anyone has been in a similar position and if they we successful or have any advice that could help us along the way. I am not able to sleep much due to worrying and my daughter is always seeing me cry as I am so worried we are all going to be separated and my partner will be deported. will home office really separate a genuine loving family ? some one please help me thanks

[Lucapooka]

http://en.wikipedia.org/wiki/Sentence_spacing

[ElenaW]

Get yourself in a better situation and quick! The rules may be changing and income thresholds will go up significantly. Then your partner needs to go back to his home country and apply for a visa from there. The overstay alone will not count against him.


On a side note, why put yourself and your children in such a situation? Why have more children in such a predicament? Most people don't regret having their children but FFS, birth control is free!!! *sigh* I hope you're using birth control now. Oh and I don't really care if I'm being judgemental. I see this so often it's getting to be annoying and just plain stupid.

[cherize]

Hi i almost have the same situation with you, my partner is a British, renewed my student visa and got refused. To cut the story, i overstayed my visa ( not on purpose) as i am undecided what action to take. I fell pregnant before i was refused, and my partner strongly disagree of me going back home as he wanted the child to be born here in UK. We seek a solicitors and we decided to apply for discretionary leave as thats our last resort. We lodge the application last November after i had the baby , as they said it make the case stronger once you had the baby. So thats what we did. In total, i overstayed my visa for 7 months. Until now, we are still waiting for the result of my application. Discretionary leave is a type of application that you need to prepare yourself to whatever the outcome of it and the timescale of waiting as well. I hope you will be able to find a solution to your problem too, Goodluck! I do believe you have a strong case as you and your partner have establish a family life here and they cannot separate you apart as a family btu still depending on cases.

[vinny]

Should I stay or should I go?