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Human Rights Act

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Chipper
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Human Rights Act

Post by Chipper » Tue Feb 12, 2013 6:35 pm

Hello everyone,
Apologies first for my question, I am sure all of you will have heard this a hundred times, please be kind :?
In the circumstance of someone who does not have legal status in this country.
Am I correct in thinking that by having a child, a woman will automatically gain the right to stay in the UK?
How does this work in practice?
When the child is born, does the woman have to declare herself or apply?
Hope you can help me, although I prefer not to go into detail.
Many thanks.
Chip

Greenie
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United Kingdom

Post by Greenie » Tue Feb 12, 2013 7:24 pm

What is the immigration status of the child's father?

Obie
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Location: UK/Ireland
Ireland

Re: Human Rights Act

Post by Obie » Tue Feb 12, 2013 7:54 pm

Chipper wrote:Hello everyone,
Apologies first for my question, I am sure all of you will have heard this a hundred times, please be kind :?
In the circumstance of someone who does not have legal status in this country.
Am I correct in thinking that by having a child, a woman will automatically gain the right to stay in the UK?
How does this work in practice?
When the child is born, does the woman have to declare herself or apply?
Hope you can help me, although I prefer not to go into detail.
Many thanks.
Chip
State the circumstance. It is difficult to help in hypothetical cases.

As the previous contributor stated, provide the nationality of the father and whether father to be is married to mother. Whether father is settled in the UK. Length of residence of mother to be, and current status in the UK.
Smooth seas do not make skilful sailors

Lucapooka
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Location: Brasil

Re: Human Rights Act

Post by Lucapooka » Tue Feb 12, 2013 8:00 pm

Chipper wrote: In the circumstance of someone who does not have legal status in this country.
Am I correct in thinking that by having a child, a woman will automatically gain the right to stay in the UK?
No, not where the mother and the father are not settled. The UK does not have an anchor baby policy.

Chipper
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Post by Chipper » Tue Feb 12, 2013 11:26 pm

Apologies, the father is British.
Mother has no legal right to be in the country.

Is the mother allowed to stay as carer of the child?

Not sure how much detail I want to go into, seeing as I;m new to this.

Thanks very much for your replies thus far. :D

peppekalle
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Post by peppekalle » Wed Feb 13, 2013 6:32 am

Chipper wrote:Apologies, the father is British.
Mother has no legal right to be in the country.

Is the mother allowed to stay as carer of the child?

Not sure how much detail I want to go into, seeing as I;m new to this.

Thanks very much for your replies thus far. :D
You are not the only one facing similar circumstance.Try and be open and provide the answer to the questions that have been posed .

Chipper
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Post by Chipper » Wed Feb 13, 2013 10:24 am

Thought I had given sufficient info, my mistake, ok, here goes, a little more of my story.

I met my girlfriend five years ago.
Her tourist visa expired after six months.
We applied for ILR after two years on the strength of our relationship, but failed to give a strong enough case, it was refused.
As far as the authorities are concerned she has gone home.
She has found casual work around the country since, and our feelings for each other have endured.
Its clear that no further application would be any good.
We would both love to start a family, as we both had bad experience from our past lives.
Hence my question, I have no idea how this process works, how it would play out with the authorities. Are we going to get a knock onthe door?
Would they deport mother and baby?
Hope tht helps. Thanks to all for your replies.

Highly_Skilled
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Posts: 119
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Post by Highly_Skilled » Wed Feb 13, 2013 6:33 pm

Chipper wrote:Thought I had given sufficient info, my mistake, ok, here goes, a little more of my story.

I met my girlfriend five years ago.
Her tourist visa expired after six months.
We applied for ILR after two years on the strength of our relationship, but failed to give a strong enough case, it was refused.
As far as the authorities are concerned she has gone home.
She has found casual work around the country since, and our feelings for each other have endured.
Its clear that no further application would be any good.
We would both love to start a family, as we both had bad experience from our past lives.
Hence my question, I have no idea how this process works, how it would play out with the authorities. Are we going to get a knock onthe door?
Would they deport mother and baby?
Hope tht helps. Thanks to all for your replies.
By the sounds of it you are thinking of bringing a child into this world just to gain ILR under Human Rights? All because your girlfriend cannot get a visa?

Have you considered marriage if you are in love? You'd have a greater chance at obtaining a Marriage visa.

Chipper
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Post by Chipper » Wed Feb 13, 2013 7:03 pm

Thanks H_S,
It does sound mercenary, I'd hoped it wouldn't come over quite like that.
I must stress that is not the case.
However, I am trying to anticipate what may happen.
We are definitely in love.
She has no papers to take to a Registry Office, how can we marry?
Also I saw on TV a couple arrive for their wedding with UKBA to meet them!

Obie
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Ireland

Post by Obie » Wed Feb 13, 2013 11:18 pm

Highly_Skilled wrote:
Chipper wrote:Thought I had given sufficient info, my mistake, ok, here goes, a little more of my story.

I met my girlfriend five years ago.
Her tourist visa expired after six months.
We applied for ILR after two years on the strength of our relationship, but failed to give a strong enough case, it was refused.
As far as the authorities are concerned she has gone home.
She has found casual work around the country since, and our feelings for each other have endured.
Its clear that no further application would be any good.
We would both love to start a family, as we both had bad experience from our past lives.
Hence my question, I have no idea how this process works, how it would play out with the authorities. Are we going to get a knock onthe door?
Would they deport mother and baby?
Hope tht helps. Thanks to all for your replies.
By the sounds of it you are thinking of bringing a child into this world just to gain ILR under Human Rights? All because your girlfriend cannot get a visa?

Have you considered marriage if you are in love? You'd have a greater chance at obtaining a Marriage visa.
If you have no contribution, order than judgemental, please save it to yourself. No one should be made to feel uncomfortable posting on this forum, except of cause they are using the forum to commit criminal activity, which is not the case here.
Smooth seas do not make skilful sailors

wiggsy
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Location: Warwickshire, UK

Post by wiggsy » Wed Feb 13, 2013 11:57 pm

ok. read my thread here:
http://www.immigrationboards.com/viewtopic.php?t=122482

my wife and i have two kids... since 2008 its been an uphill battle to get her leave to remain. she still doesnt have it... both our children are british.


having a baby for the purposes is a big step...

there are OTHER OPTIONS..

you realise ILR isnt gained after two years>

to begin. do you work... how about getting married, then moving to Ireland (republic of) working there, and then returning - legally... see the EEA Route forum...

Basically, if you work in another eu country, and your wife lives with you there, you can legally bring your wife back to the country...

DO NOT GET HER PREGNANT JUST TO TRY AND KEEP HER HERE.

but some advice: (not that i suggest it) GET RID OF HER PASSPORT!

China will not provide documents to travel. if the ukba know her identity etc (ILR application means biometrics and already have her details though?)

but... obviously chinese people can come from places other than china (my chinese wife is from indonesia)

@Obie... I dont think that Highly Skilled was being judgemental. but he is right... to bring a child into the world for the sole purpose of remaining in the uk is beyond belief...

I am all for helping people... after our years of missery over UKBA i know that its a hard problem, but a child isnt the answer! Seriously.

If your in love, and want to start a family, and your willing to move yourself (I would of always left the country with my wife if needed...) sure, have a kid...

but surely marriage and EEA route is worth trying first? you obviously have enough proof to proove a subsisting relationship - photos, documents, ETC...

you do not need permission from UKBA to get married, pay the money for a church wedding, and its less likely to fail etc - you get a bishops common license... cost us £125 for a bishops common license, about £800 for church basics, and then we had extra (flowers, suits ETC ETC...)
worth the price to pay, right?

BTW: ILR, are you sure you dont mean FLR (Further leave to remain) ILR (Indefinate leave to remain) isnt possible until you have an extensive period in the uk.


what ID does your partner have?
- where is her passport?

my wife didnt have a valid passport, but could proove her ID by other means.

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longshift
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Post by longshift » Thu Feb 14, 2013 12:06 am

Chipper wrote:We applied for ILR after two years on the strength of our relationship, but failed to give a strong enough case, it was refused.
At the time of this application. Was your status British? And did the ILR got refused because of Co-habitation? Why were they not satisfied?

Human rights cases are very complicated in my opinion. She stands better chances of getting status being your partner. If you have been living togather and have a baby togather, it will definately stregnthen the scenerio.

wiggsy
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Location: Warwickshire, UK

Post by wiggsy » Thu Feb 14, 2013 12:25 am

My wife has had two application in with ukba...

one unmarried partner FLR(M) for human rights, and one spousal. both failed...

with the now £18600 "income" its even harder... - the "cheaper" option could well be get married and try the EEA route... -

(edited: just noticed i said 18600 fee, i meant income... BTW: this is for the sponsor, and money the applicant (wife) earns is irrelevant... with kids it increases too... I would need to be on about 24k a year for my wifes visa... its "impossible"... hence- "easier" EEA route .

BTW: Dont let your g.f get caught working... it would seriously mess up future conditions...

if you get married, both of you can live in ireland legally (as long as you work)
Yourself being BC because of the Common Travel Area and because of EEA rules.
your "wife" is allowed to join you (regardless of nationality) if you are a worker, self employed, self sufficient or a student....

BTW: dont be "shy" to share... i know its a lot of personal info. but seriously... its my post on here that seems to actually help my wifes case now...

four years of solicitors ETC and nothing...

A couple of months on these boards (with a lot of hard pressing) and UKBA confirm my wifes right to work in the uk.

Share your story dude. Somebody could seriously help...

Also. bear this in mind: a church wedding could be anywhere that is church of england for the purposes of the "legal side" - registry office passes details onto home office i believe, but churches dont... they just want to examine the facts, and see that its not a scam marriage etc...

my friends local church does marriages for "donations" - so it doesnt need to be expensive... build a "relationship" in church, get to know the vicar etc... then he can use his experience and so on...

our vicar argued with the legal team for bishops common license to take my wifes expired passport as ID - but we supplied endless documents with it (tax credits, etc)

btw: my wifes brother also fed-exd her birth certificate over and paid for a proper translation ETC too for us (cost like £200 for him... but he does anything to help us - if it could help, he would defo pay all his savings for solicitors etc.. - sometimes solicitors just arent worth the money though...)

I know the EEA route looks "WTF? it cant be THAT! easy" (
trust me, once you start looking into doing it, its really not that easy: find a job, find a home, get a bank, proof of living and working there etc... )

but if you love your GF as much as you state... then ... -

BTW: this route is open to SPOUSES/Children - not extended family)

the only thing is... ensure you get an irish visa for "Wife" before you go... they are issued free of charge - as per Directive 2004/38/EC and I believe its the Matock case raised the point about legal residence in a country your applying for a visa from... you dont need to be legally resident here to get a visa to go to another country...

and if you look on the Ireland Board (on this forum) Brigid from Ireland has actually posted some great info about benefits etc in Ireland - take your contributions to ireland etc...

Chipper
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Post by Chipper » Thu Feb 14, 2013 5:19 pm

Obie
Thanks for you kind words. I find internet forums a touch foreboding at the best of times.

Wiggsy
I will defo look at the Irish route, trying to get my head around it.
You are a diamond, thanks

Highly_Skilled
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Posts: 119
Joined: Tue May 01, 2012 9:37 pm

Post by Highly_Skilled » Thu Feb 14, 2013 8:38 pm

Obie wrote:
Highly_Skilled wrote:
Chipper wrote:Thought I had given sufficient info, my mistake, ok, here goes, a little more of my story.

I met my girlfriend five years ago.
Her tourist visa expired after six months.
We applied for ILR after two years on the strength of our relationship, but failed to give a strong enough case, it was refused.
As far as the authorities are concerned she has gone home.
She has found casual work around the country since, and our feelings for each other have endured.
Its clear that no further application would be any good.
We would both love to start a family, as we both had bad experience from our past lives.
Hence my question, I have no idea how this process works, how it would play out with the authorities. Are we going to get a knock onthe door?
Would they deport mother and baby?
Hope tht helps. Thanks to all for your replies.
By the sounds of it you are thinking of bringing a child into this world just to gain ILR under Human Rights? All because your girlfriend cannot get a visa?

Have you considered marriage if you are in love? You'd have a greater chance at obtaining a Marriage visa.
If you have no contribution, order than judgemental, please save it to yourself. No one should be made to feel uncomfortable posting on this forum, except of cause they are using the forum to commit criminal activity, which is not the case here.

Calm down dear, I was asking the question to ascertain the posters intentions.

:roll:

wiggsy
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Location: Warwickshire, UK

Post by wiggsy » Fri Feb 15, 2013 2:18 am

Chipper wrote:Obie
Thanks for you kind words. I find internet forums a touch foreboding at the best of times.

Wiggsy
I will defo look at the Irish route, trying to get my head around it.
You are a diamond, thanks
its all stuff from this forum thats made me look into it... and like i say, after coming here, at least my wife can now work (whether she does is up to her... its just at least she CAN)

plus, just remember: the people on this forum dont know YOU... (even if they know who you are by name / address etc, do they really know YOU.

what matters is, the people on this forum CAN help you, but they need to be given the chance... and sometimes the best advice can come over harsh, and seem rude etc...

(such as baby... - but is it a good idea to bring a baby into the world with the termoil in your life? - not knowing if you'll / gf'll be able to stay in the country ETC)

obviously, if you want to start a family, and can / will do whatever it takes to protect that family (move to a different country, clean loos, starve yourself so kid can eat ETC) then sure... but otherwise... :) - trust me, its been hard on us with the uncertainty...

if we knew of the eea route a couple of years ago, we would of been in england legally now, most likely with my wife having PR in a year or two... - instead, she now has to wait for another six years at the earliest for ILR (and even then its not guarenteed - 10 yr family route)
but: this is the reason we may do the EEA route even if she gets Derivative RC.

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