overtaying and immigration officers

[HelpNeededPl]

Hi my civil partner has overstayed by 5 years or so she is an American citizen. She is pregnant and will give birth later this year. I work full time and support us both financially. During the course of her overstaying we have had 2 visits to our home by immigration, both times they attended the scene with no warrants so I initially refused them entry but while speaking to them outside they informed me that they were merely concerned for her safety as she is a US citizen. They asked me to allow them entry, again I denied. Eventually we reached an agreement whereby a local police officer would attend my home and look around. A few days later said officer arrived carried out his search and left. He asked me to get my wife to call the immigration officer who was team leader the day they came to my house. She complied and they asked if she was okay and safe, they never once asked her anything about being illegal in the country? Well that was at least three years ago and until last week we haven't heard anything else from them. Last week I was at work and my wife was home when immigration came to our home, they knocked the door and called out her name but she didn't reply, they left and we haven't heard a thing since? My worry is that they have suddenly took an interest because she is pregnant? Any help will be greatly appreciated.

[Casa]

You use the word 'civil partner'. This is for same gender partners, so do you mean 'unmarried partner'?
Have you attempted during her 5 years of overstaying to legalise her residence and submitted any visa application?
How did she originally enter the UK? As a visitor?
Do you have British nationality or settled status?
Are you prepared to pay several thousand pounds for the birth of your child? Non-payment of NHS bills will further weaken any application to stay.

[CR001]

And she is not entitled to ANY free NHS and will have to pay the full cost at 150% for any NHS service used, including delivery/birth.

[HelpNeededPl]

We are both female who are civil partners. No we have not attempted anything in the last 5 years. She entered through the visa waiver programme from America. Yes I am British. Yes I am aware of paying for pregnancy and that is not an issue for us. We already have private midwife and have paid for a home birth.

[Casa]

Under what grounds do you intend apply for your partner's right to remain? Or aren't you intending to do anything?

[HelpNeededPl]

Our solicitor has suggested section 8 I think but he also said he can make a direct appeal to the secretary of state? He also said to wait until the due date is closer to file applications.

[Petaltop]

She entered through the visa waiver programme from America.

The UK don't have a visa waiver programme. Do you mean she entered the UK as a visitor, never left and has been an illegal immigrant for over 5 years!?

Yes I am aware of paying for pregnancy and that is not an issue for us. We already have private midwife and have paid for a home birth.

If you have that sort of money then why don't you sponsor her as your partner? She would have to apply for that visa from her own country and you would be wise to pay for good legal advice as she has been living in the UK illegally.

There is a forum for US citizens wanting to live in the UK as a partner and they advise on solicitors to use when there is complications - as your partner has.
http://talk.uk-yankee.com/index.php?board=17.0

[Casa]

He will probably have advised you that you will have to show compelling reasons why you can't all settle together in the USA. He should also advise you that an application submitted prior to the birth, will be viewed differently to one submitted after the child is born. However, the HO are increasingly taking a cynical view of an 'anchor baby' Article 8 application being valid. Preferring life in the UK won't cut it.
Has your solicitor also made you aware that as you have no pending application, your partner could be removed unless she is medically unfit to travel? As you say that she is due to give birth later this year, one would assume that the pregnancy is in the relatively early stages and travel wouldn't be prohibited.
Petaltop has given good advice about returning to the US and applying for a settlement visa to re-enter.
By a 'direct appeal to the Secretary of State', I assume your solicitor means a High Court appeal.

[Wanderer]

Our solicitor has suggested section 8 I think but he also said he can make a direct appeal to the secretary of state? He also said to wait until the due date is closer to file applications.

Art. 8 won't work, there's no reason in my book why everyone can't return to their bases to use Baseball/Rounders parlance and apply as everyone else would and has had to do.

[HelpNeededPl]

The 2 thousand I paid for midwife is the last of my savings I'm not rich. My solicitor said that because she has no family in America and will be homeless if she returns that he can apply using section 8? He also stated that he can make an appeal directly to the secretary of state, that Teresa lady? Something about temporary leave to remain while things are being processed. In regards to my original question, why do you think immigration came to my house with no warrants and didn't leave any contact details? Should I call them and enquire?

[noajthan]

She entered through the visa waiver programme from America.

The UK don't have a visa waiver programme. Do you mean she entered the UK as a visitor, never left and has been an illegal immigrant for over 5 years!?

Yes OP appears to mean that...

Hi my civil partner has overstayed by 5 years or so she is an American citizen

[noajthan]

... In regards to my original question, why do you think immigration came to my house with no warrants and didn't leave any contact details? Should I call them and enquire?

As partner is an overstayer (illegal) you may expect such 'heat' at any time. Other members report similar interest in their affairs from immigration officials or agents.

Here's a recent, random example; interesting to note the pregnancy angle to this case too:
http://www.immigrationboards.com/eea-ro ... 88329.html

[HelpNeededPl]

Thanks for the information. Why don't they have papers to enter my house if they think she is actually here?

[Wanderer]

Thanks for the information. Why don't they have papers to enter my house if they think she is actually here?

Something to consider, should the officer perform an arrest;

An Immigration Officer can enter and search a premises owned or occupied by someone arrested for an offence without warrant for nationality documents

[HelpNeededPl]

Its strange because they either don't know we are civil partners or they don't care, i mean not once have they ever requested to speak to me about her whereabouts. I read on a different post on this website that UKBA officers only have the right to breach my home under exceptional circumstances. For example kidnapping, sex trafficking and other things of that nature? I have the feelings that they are clutching at straws, i personally don't think they are sure if she lives here. Do you know if the government take into consideration my financial responsibilities when they decide on the application? In reference that I am in uni which they are paying for and I have a mortgage with my mother and if I was forced to relocated to US she would not be able to make payments. I am totally aware that we should have fixed this years ago but we were young and stupid. If we were to return to US we and the baby would all be homeless as she has no family or support available. Do you think I should contact the HO and inquire as to why they came to my house as every other visit was apparently to check on her welfare because she is a US citizen? She is not living with me anymore and has moved in with extended family in Wales. Thank you all for the help you have provided.

[Casa]

Its strange because they either don't know we are civil partners or they don't care, i mean not once have they ever requested to speak to me about her whereabouts. I read on a different post on this website that UKBA officers only have the right to breach my home under exceptional circumstances. For example kidnapping, sex trafficking and other things of that nature? I have the feelings that they are clutching at straws, i personally don't think they are sure if she lives here. Do you know if the government take into consideration my financial responsibilities when they decide on the application? In reference that I am in uni which they are paying for and I have a mortgage with my mother and if I was forced to relocated to US she would not be able to make payments. I am totally aware that we should have fixed this years ago but we were young and stupid. If we were to return to US we and the baby would all be homeless as she has no family or support available. Do you think I should contact the HO and inquire as to why they came to my house as every other visit was apparently to check on her welfare because she is a US citizen? She is not living with me anymore and has moved in with extended family in Wales. Thank you all for the help you have provided.

Is she not living with you or is this something you're intending to tell the HO to divert their attention from your home?

[HelpNeededPl]

She was living with me but when they came she moved out.

[Casa]

She was living with me but when they came she moved out.

IMHO this will only have served to weaken her case further and the relationship will come into question. When is she due to give birth?

[HelpNeededPl]

She can come back at any time but she is scared which is putting stress on the baby. She is due in October.

[HelpNeededPl]

In regards to our relationship we have been together for 12 years.

[Casa]

She can come back at any time but she is scared which is putting stress on the baby. She is due in October.

If as you say your solicitor is intending to wait to submit any application until close to the due date of the birth and it appears that your partner is only just over 3 months pregnant, he/she should make you aware that you are leaving yourselves without any (however scant) protection of a pending decision. 6 months is a long time to 'hide' from Border Officers when they are already aware of her overstay.

[noajthan]

She was living with me but when they came she moved out.

This seems completely untenable and unlikely to end well.

Anchor babies aren't an instant solution (and pleading one's belly went out of justice system a couple of centuries ago).

In a relationship for 12 years surely means ample opportunity to sort this out.

Thousands of illegals have worse fates awaiting them than returning to a life in richest country in the western world. Many would give their eye teeth just for that chance.

Many if not most members here have probably faced similar degrees of challenge with the authorities on immigration matters.
My family has. You man up and fight the system; sometimes you make it. What else is there.

From my time working in US I understand Americans would call what you're doing living in denial;
in my experience they are straight talkers who shoot from the hip.
Their advice would surely be to wake up and smell the coffee.

There are still ways to sort this.

However its important to note that Article 8 is a qualified right. It should not be invoked lightly nor at expense of others meriting protection.
Ref https://www.liberty-human-rights.org.uk ... amily-life

[HelpNeededPl]

Thank you for all the advice my solicitor is on holiday until June so will contact him asap.

[HelpNeededPl]

Casa she is nearly 5 months. Yes that was our solicitors advice do you think we should see another solicitor? Thanks again.

[Casa]

Casa she is nearly 5 months. Yes that was our solicitors advice do you think we should see another solicitor? Thanks again.

My calculations appear to be incorrect. It's entirely your decision whether you seek other legal advice, but IMHO
1. 4 months without submitting any application is risky.
2. Living apart greatly weakens your claim as a genuine couple, even more so if Border Officers call at your home again and you profess not to know where she is. This will be recorded. Any visa application will have to prove co-habitation.
3. As a same gender couple the fact that the pregnancy was planned, it could be claimed that this was with the intention to secure a right to family life...the 'anchor baby' that Noajthan mentioned in his post. The circumstances will almost certainly come under scrutiny, which an experienced solicitor should have advised you.
4. Your solicitor is on holiday until next month. Have they advised you on what steps you will need to take if/when the Border Officers return?