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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My friend has recently told me that his visa ran out in 2009 and hes been livi

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My friend has recently told me that his visa ran out in 2009 and he's been living illegally in the UK.

He has a 1 year old baby with his ex partner and she's not willing to help him and stating that she will not put his name on the birth certificate.

He's worried about seeing a solicitors and Im trying to find out what help is available to him.

Also he's not in a relationship with anyone.

Who will have residence of the child please?

Customer: replied 3 years ago.
Sorry I didn't make that clear his ex has the child but she uses her as a weapon against him as he is vulnerable due I his status.
Is he permitted contact with the child?

What nationality is the child?

Customer: replied 3 years ago.
The child is a British national and he has an arrangement to see the baby each week.

Thanks for your patience.

First of all, he should not worry about seeing a solicitor privately. They will not do anything that he instructs them not to do. So, they wouldn’t see that he was deported. They are there to help him.

His situation is complicated. If he is an overstayer then the UKBA could issue removal directions to deport him.

However, the fact that he has a child here does mean that he has a greatly increased chance of being first able to defend his removal and then secure leave to remain in the UK on that basis.

The first thing he has to do is see a firm with both family solicitors and immigration solicitors. He needs to firmly establish his rights in respect of the child, by proving his parentage and ultimately secure a contact order under the Childrens Act. Once he has a contact order he should instruct an immigration solicitor to make an application to the UKBA on the basis that he has a child resident in the UK and that he is a parent with contact.

If he can do this then he will be fine, but his situation is such that he must instruct a solicitor. Children cases can be complicated and drawn out. Having a solicitor will limit the chances of this.

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Kind regards,

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