overstayer and getting married

[mo22979]

Hi everyone,
My situation is a bit similar to the one discussed and I hope you guys can help.

I came to the UK in July 2015 with my daughter ( her mother died so I am the sole carer)

We came on a visitor in transit visa and have overstayed since.

I met my partner ( british by birth) in October of 2015 and we have been together since.

My partner works and makes well over the required income threshold and she owns the house we live in. I have my name on some utility bills and also get other relevant documents/ mails in my name, we also have lots of photos and plane tickets for local flights from past trips as evidence of our relationship, we are also looking to have a customary family introduction to officially unite our two families.

My dilemma is this: what type of visa can we apply for without leaving the UK ( I know it's going to be hard and I'm not I a rush) And how do we go about this.

I will also like to add that leaving the UK will disrupt our life since my daughter is enrolled in school and my partner is the career for her aged mother who has a medical condition that requires her attention.

Any help will really be appreciated.
Thanks

[Casa]

I have moved your post to your own topic as the thread you had tagged your question onto has been inactive for 5 years

[Casa]

How have you been supporting yourself and your daughter since you arrived in the UK as a visitor

[mo22979]

Hi,
Thanks for creating the post.
I initially came with money (I was a business person sourcing various products globally) but once I exhausted my funds I have been supported by my uncle's ( I have two uncles in the UK) and mostly my partner.

[Casa]

You could try a FLR(FP) Partner route application as an Unmarried Partner, providing you have sufficient documented evidence of 2 years co-habitation in a relationship 'akin to marriage'.

You mention marriage in your topic title. In order to marry in the UK you would have to give notice with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.

As you are at risk of being detained during the interview due to having no legal status in the UK, it would be wise to submit a FLR(FP) application before registering to marry.

Do bear in mind that marriage alone to a British citizen won't regularise your right to remain in the UK.

I'm assuming that your daughter is in the same position and currently has no legal status? How old is she?

Have either of you used NHS facilities since you arrived in the UK?

[mo22979]

Thanks again Casa.
Yes my daughter and I are both Overstaying and she will be 10 in may 2018. We have not used any NHS service since we came here, I have recently gone to collect application forms to get us registered but have not submitted.

Can you shed more light on the mentioned type of application and what is the best way to go about the application.

Thanks

[Casa]

Have read through the information in the link below. I'll leave others to respond on the best route for your daughter.

https://www.gov.uk/government/publicati ... form-flrfp

[mo22979]

Thanks a lot.

[mo22979]

Hi all,
While i wait for other to contribute to the discussion, Casa you asked about NHS, should I register or hold on for now?

[Casa]

Hi all,
While i wait for other to contribute to the discussion, Casa you asked about NHS, should I register or hold on for now?

You may well have a problem in registering with your local medical practice as new patients are generally asked to provide a valid ID and proof of address. GP visits for patients without legal status don't incur a financial penalty of 150% of the NHS charges which apply to other NHS departments, or be considered a reason to refuse a visa application.

[bathanza]

Thanks again Casa.
Yes my daughter and I are both Overstaying and she will be 10 in may 2018. We have not used any NHS service since we came here, I have recently gone to collect application forms to get us registered but have not submitted.

Can you shed more light on the mentioned type of application and what is the best way to go about the application.

Thanks

Once she is 10, you can apply for her British citizenship if you meet the criteria. https://www.gov.uk/register-british-cit ... after-1983.

It'll take approx 6 months for this to process, this will add weight to your application in a FLR FP partner route to have a British Child. It's a long process so will wish you the best in this.

[CR001]

Once she is 10, you can apply for her British citizenship if you meet the criteria. https://www.gov.uk/register-british-cit ... after-1983.

The child is not UK born.

[bathanza]

Once she is 10, you can apply for her British citizenship if you meet the criteria. https://www.gov.uk/register-british-cit ... after-1983.

The child is not UK born.

Apologies - that rule is for UK born children who can apply after 10 years stay. OP. Accept my apologies. https://www.citizensadvice.org.uk/immig ... illegally/ see this for valuable information

[mo22979]

Big thank you to everyone who is contributing, I have looked at the FLR(FP) application and guidelines and taking into consideration your advice, should I apply along with my daughter or wait to make a separate application for her later, just wondering if that will hinder or enhance my application in any way.
Also Casa adviced to put in FLR application before applying to get married, would i be able to apply without my passport? And would i be able to change my type of application after marriage ( might sound stupid but I'm just seriously confused about the UK immigration rules ,please help)

Kind regards