How to regularise illegal partner

[Jay2012]

Hi Everyone,

I am new to this board and for some reason I cannot post my own topic, I can only post a reply.

I am a British Citizen and my partner came to the uk in 2004 from Nigeria on false paperwork and has been in the uk
illegally ever since.

We have been together nearly 5 years and have lived together for 4 years and have a 2year old daughter together, and I am currently expecting another baby.

We sort some legal advice and was told to wait until our daughter is of school age or 7 years of age we didn't have any insurmountable obstacles. Although I work full time and meet all the financial requirements, the judge would take very little weight to this when considering him getting discretionary leave to remain.

We really want to try and regularise his stay and are not sure of the best way to do it.

There is no records of him in the UK, he wasn't finger printed etc he also has no family ties in Nigeria as all his siblings live abroad, and his parents have passed away. It would be his/ours worst nightmare for him to have to go back permenantly.

Is there a way he can go back of his own accord and I can go and marry him and apply for him to come back to the UK. Without him being banned? Also I am quite willing to move to our family life to Ireland in order for us to be together as a family and it would still be close enough that our friends and my family can visit, but not sure that if we did this would the fact that he was in the UK illegally and also they fact that we had two children in the UK would this be held against us when applying for a spousal visa for him to come to Ireland.

If you have read this far thank you. We would just really appreciate some advice.

Thanking you in advance : )

[noajthan]

Welcome aboard.

To post a new topic look for the New Topic* button at top of page in each sub-forum.

For now, to avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Leave UK, marry, come back on a spouse visa is one option.

Or: leave, marry, then go to another Union memberstate (eg Ireland, Malta or ??) to do the Surinder Singh route (with complete family).

[Casa]

Are you earning a minimum of £18,600 per annum, or if not do you have £62,500 in savings?
As noajthan has advised , the alternative is to relocate to another EU state (Ireland as you suggest) and take the Surinder Singh route to settlement.

[Jay2012]

Hi,

Thanks for getting back to me, Yes I am earning above the threshold.

I am just worried because he is in the uk illegally at present and would that be held against him? as if I applied to another EU country for a spousal visa they would know that he was in the uk illegally because the children are born in the UK and his name is on the birth certificate.

[physicskate]

Hi,

Thanks for getting back to me, Yes I am earning above the threshold.

I am just worried because he is in the uk illegally at present and would that be held against him? as if I applied to another EU country for a spousal visa they would know that he was in the uk illegally because the children are born in the UK and his name is on the birth certificate.

Illegal stay is generally is not held against a spouse applying for entry clearance. However, there seem to be a couple cases on the boards where other illegal activity (eg working, 'frustrating immigration rules') has been held against the applicant.

Has he worked?

[Casa]

physicskate is correct. He shouldn't be refused a spouse visa under 320(7b), but he could face a refusal under 320(11) for 'frustrating the Immigration Rules' by fraudulent activity, using false papers etc.

[Jay2012]

He has worked but not in his name.

So it would be held against him if I moved to another EU country i.e Ireland?