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Overstayed and now we have a baby

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lobepe
Newly Registered
Posts: 2
Joined: Fri Aug 31, 2012 10:23 am

Overstayed and now we have a baby

Post by lobepe » Fri Aug 31, 2012 10:43 am

Hello,
I hope someone can help me. My boyfriend is british but I am not, for some reason or another we kept postponing my trip home and I ended up overstaying my visa :oops: and now we have a 4 month old baby. We want to get married asap to get everything sorted and we are wondering if we can get married in England and then I go home to apply or the spouce visa (if not we'll wait until December so we can go to my country and get marry then and I can apply for the spounce visa from there) but I am wondering if I will have problems for being an overstayer. The baby is a british citizen. Can they refuse the visa application? We meet all the other requirements, income, housing etc and I have never worked illegally in the UK.
We went to an immigration solicitor and she says we can get married here with me being an overstayer but searching online we came across different information. If we can get married here we would do it this month!.
Heeeelp!!!

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Aug 31, 2012 10:48 am

Yes, it is permitted for you to marry in the UK. Have you satisfactorily resolved your financial situation with regard to the NHS (the birth of your child) as this will have an impact on the settlement application you make from your home country. What was you immigration status when the child was born?

lobepe
Newly Registered
Posts: 2
Joined: Fri Aug 31, 2012 10:23 am

Post by lobepe » Fri Aug 31, 2012 11:22 am

the NHS never sent me the bill, we paid for scans and stuff but the actual labour never got charged :shock:.
My visa had already expired when the baby was born.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Aug 31, 2012 12:25 pm

That fact may (or may not) come back to haunt you in the future if it's obvious that were not entitled to free NHS services at the time.

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