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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6044
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi Tom My child is 9 months im an overstayer and my patner

Customer Question

hi Tom

My child is 9 months im an overstayer and my patner is a british citizen...what is the best route to get legalised.

THANKS
Submitted: 7 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 7 months ago.
Hi

How long have you lived with your partner please?

Tom
Customer: replied 7 months ago.

3 years....

Expert:  Thomas replied 7 months ago.
Hi

Is your partner the child's father?

Tom
Customer: replied 7 months ago.

my partner the child's mother. she's a british citizen

Customer: replied 7 months ago.

we live together and planing to get married in few years time

Expert:  Thomas replied 7 months ago.
Hi

Does your partner earn in excess of £18600/ per annum? There is a financial requirement.

Tom
Customer: replied 7 months ago.

yes she does....i look after the child when she goes to work

Expert:  Thomas replied 7 months ago.
Hi

Drafting your answer now.

Tom
Customer: replied 7 months ago.

fab

Expert:  Thomas replied 7 months ago.
Hi

I am really sorry, I am having connection problems.

I should be able to answer in 15 minutes

Tim
Customer: replied 7 months ago.

ok thanks

Expert:  Thomas replied 7 months ago.
Hi

If your child has been born in the united kingdom and your partner is the uk citizens the new child entitled to a british passport. She is regarded as a british citizen under the british nationality act 1981. Your partner can apply for her passport now. Her status in this country is not in question.

If you have lived with your partner for a period of to the years and you can prove this then you will be regarded as I'm married partners for the purpose of the immigration rules.

Your partner also meets the financial requirements provided that I have received the salary income for more than 6.

The requirements in terms of eligibility for your visa are contained here:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/unmarried-same-sex/
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

The problem is that the united kingdom border agency has a general grounds to refuse the application that you would make in the united kingdom because you have over stayed your previous leave to remain. Usually, they would require you to return to home country to make your application.

I assume that you consider this is not possible for you because of your child and your partner and that it would be unfair to separate you from the both..

If you applied in the united kingdom send your application would probably be rejected and you would be forced to appeal. On appeal, your application would have a much fairer hearing and you might be able to argue that it would be disproportionate and unreasonable of the united kingdom border agency to expect you to return to home country to make an application that would only be accepted a matter of weeks later. This argument would be on the basis that it would be unfair of them to effectively force you to separate from your child and partner given that you care for them on a day to day basis.

You which certainly need to instruct a solicitor and a barrister to act for you on appeal. The best advice I can give you is that you and your partner need to have a face to face consultation with immigration solicitor in your local area to decide how to proceed.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question-

Kind regards

Tom



Customer: replied 7 months ago.

we recently spoke to a solicitor who advised that we should apply for access to child rights...Appendix Fm..Paragraph ex1...Can you confirm if this is a reasonable route?

Expert:  Thomas replied 7 months ago.
Hi

Yes, that is a possibility. However, that visa is usually applied for my parents of children who are not with the father of the child.

In the circumstances, I would probably suggest applying under the unmarried partners route. However, if your partner did not meet the financial requirements then applying under the parent access routw would probably be preferable.

Please remember to rate my answer

Tom
Customer: replied 6 months ago.

The issue is i dont have proof of co habiting, Therefore access to child route works well in this case...How would i prove that i have access my child?. proof of leaving with my child enough?

Expert:  Thomas replied 6 months ago.
Hi

I cannot answer at the moment. I will be able to answer at 9am tomorrow morning. Please rate my answer in the meantime.

Tom
Thomas, Solicitor
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 6 months ago.
Hu
Expert:  Thomas replied 6 months ago.
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Customer: replied 6 months ago.
will the 10year parent route work in my favour?
Expert:  Thomas replied 6 months ago.
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Customer: replied 6 months ago.
The issue is i dont have proof of co habiting, Therefore access to child route works well in this case...How would i prove that i have access my child?. proof of leaving with my child enough?
Expert:  Thomas replied 6 months ago.
THIS ANSWER IS LOCKED!
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