Overstayer and getting married discretionary leave to remain

[ouflak1]

hes actually scared to go back as he has said he does not want to be away from me during the birth and upbringing of our child and does not want me to struggle alone to bring him back thats why we are looking at any option we have from here

Well, it is completely reasonable to look for options that might exist from within the UK and I understand his feelings. But I think you have gotten all of the best advice you are going to get on this thread and his overstaying isn't necessarily making the situation better. The spouse application is usually rather quickly decided. Also, he has no permission to work right now. That would change with a successful application improving his ability to support you both. It's true you would struggle for some time alone. But that struggle now may be worth a lifetime of relative ease and stability later. Another point, he's the one making the application, so you wouldn't be doing this alone. He would bear the brunt of the application details and footwork.

I think you ought to both seriously consider this option, if not now, maybe shortly after the child is born and you are confident you can handle things alone. Being completely legal and eventually able to take full advantage of the benefits of UK society gives both you and your family the best start in life IMO.

Would you be willing to move with him back to his home country and live there?

[Elliewifetoalbanian]

Once your child is born you can apply for flr (fp) a baby's birth certificate and why baby will be British (copy of your passport) would be sufficent. We just won on appeal and didn't have a DNA test.

[Soniabal]

I have briefly read your situation
Wait until the baby is born then apply on basis of the child. In 6 months time then hopefully he will get the visa for 2.5 years. Good luck.

[SKJH1]

Once your child is born you can apply for flr (fp) a baby's birth certificate and why baby will be British (copy of your passport) would be sufficent. We just won on appeal and didn't have a DNA test.

Did you need to provide proof of living together for a number of months? what was the basis of the refusal when you first did an application if you don't mind me asking? Was you requested to take a DNA test at any stage of your application?

[ouflak1]

I have briefly read your situation
Wait until the baby is born then apply on basis of the child. In 6 months time then hopefully he will get the visa for 2.5 years. Good luck.

I'm very wary of the anchor baby route. It does still work sometimes, but carries with it massive risk and loads of longterm instability. I'd serously consider the more straightforward route, that is totally within the immigration rules, as the more viable option, especially in the long term.