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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7591
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am illegal in the uk for about 2 years, i want to legalise

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I am illegal in the uk for about 2 years, i want to legalise my status what should i do. I have a Caucasian partner who i love so much and and we're having a baby next month which I'm so happy but I need to sort out my document so I can get back to work as child care is not cheap in the uk. Thanks.
Hi,

What visa did you have when you entered the UK please?

What is your partner's nationality please?

Kind regards,


Tom
Customer: replied 3 years ago.
Thanks for your reply. It was a student visa and my partner is a British Caucasian(born British)
Hi,

There is a financial requirement. Does your partner earn over £18600 per year from employment?

Tom
Customer: replied 3 years ago.
When she was working she earn over £18600. And she's pregnant and she's not working at the moment. She's a qualified teacher by profession.
Right.

When is she likely to return to work after her pregnancy do you think?

Tom
Customer: replied 3 years ago.
Well she's likely to return to work January, but I don't know if that would be too much for a woman that just put to birth late November. But she's insisting of getting back to work January.
Drafting your answer now.
Sorry, could you please also let me know if you propose to marry your partner and how long have you lived with them?
Customer: replied 3 years ago.
Yes I've already proposed to her and we are thinking of getting married after the baby is born.
Hi

Thanks for your patience.

You’re in a very difficult position I’m afraid. The overstay is a general ground to refuse most visas.

Usually if a person applies for a spouse visa when they have overstayed then they will be refused and the UKBA will require the person to leave the UK in order to make the application from their home country.

If you have the child in the UK then the child will be a UK citizen if your partner is a UK citizen. If you applied within the UK arguing that because of the child it would be disproportionate and unreasonable of the UKBA to require to split up the family simply for you to apply outside of the UK then you would have a fight on your hands. In all probability the UKBA would refuse the visa and you would be forced to appeal. You may probably be successful on appeal.

However there is a further problem. In order to apply for a spouse visa you must be married and meet the eligibility criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

You will note that as part of the criteria you must meet the financial criteria:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

Unless you have considerable savings this means that your partner must be earning £18, 600.00 per year from employment and must have been in receipt of this for 6 months before you make the application.

Because your partner does not meet this you would have to wait for a further 6 months from the date that she has been employed again. I am sorry, but I’m afraid your stuck until she is back working and earning salary at her previous rate for 6 months.

In the meantime, if you are the father of the child it is not that likely that you would be deported because you would have a good defence but it will be a while before you are able to regularise your status here.


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Kind regards,


Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your reply. But what is the chance of me applying on the ground i have a child in the uk?

Hi,

Access to a child in the UK is one ground on which some applicants can apply, but this is usually for applicants who are not in a relationship with the other parent of the child:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/

In your case you clearly are in a relationship wiht the other parent and teh UKBA would therefore view that the most application that you shoudl be making would be for a spouse visa once you are married.

As I say, there is no particulaly considerable risk to you being deported if you are the father of the child though..

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 3 years ago.

Right, but in this my case what you reckon i should do?

Hi,

Well, it's difficult. There is no easy answer.

I would say wait until the baby is born then either make an application for discretionary leave to remain (expensive, it will certainly be rejected and you would have to appeal) or wait until your spouse is earning again for 6 months.

Tom
Customer: replied 3 years ago.

Thanks i find this your last reply very useful and what is the possibility of making an application for discretionary leave to remain to be successful and what do i really need to go with such application.

Hi,

Frankly, you would need a solicitor to prepare it for you. There is no point applying unless you instruct a solicitor. They would tell you what you need after taking your specific instructions.

The chances are still slim with a discretionary appliaction thought, most are rejected.

Tom
Customer: replied 3 years ago.

thanks. is it possible for me to get married with my current situation?

Hi,

Yes, there is no longer a restriction on illegal migrants marrying. Provided you can both prove your identities a registry office will be able to marry you in the normal way..

TOm
Customer: replied 3 years ago.

alright, so the registry will not ask for my visa on my passport?

They are not legally required to do so, no..
Customer: replied 3 years ago.

please how long does it normally take for the discretionary leave to remain, to get an answer from the home office?

Hi

It's unpredictable. Usually at least 4-6 weeks but many have been rejected quickly recently..

Tom
Customer: replied 3 years ago.
Thanks for you reply. But what range of what cost you reckon a solicitor will charge me. (Just asking so I'll know when I'm been ripped)
Hi,

If you were to apply on a discretionary basis then you can expect fees to be in the region of £1300-1600.00 + VAT

Tom

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