Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Thanks for your question.
If she does not have leave to remain then you can inform the UKBA of her, giving her details of how she came her citing the fact that she is an overstayer and asking them to consider deportation. You can contact them through the details on the following link:-
If they find that she is illegal and detain her then she will probably receive a 10 year ban if she is deported at the cost of the state. Her identity can be traced by the perons at the UKBA dealing with deportation issues.
The child is eligible to be registered as a UK citizen if you are a UK national. This creates problems in that she could register the child as such and then potentially seek to secure leave to remain on human rights grounds by virtue of the child's UK citizenship. This is not easy however and she would certainly need to pay a solicitor to make the application on her behalf.
If she secures leave to remain here then she could seek child support from you at the rate of 15% of your net weekly income.
If you attempt to serve reasonable notice on her to vacate your property (ie. Because she has been there under licence effectively) and she leaves then fine. If she does not you would need a court order to evict her and that will not be easy to obtain because the primary concern of the court will be the welfare of the child because you are the father.
Basically, you have to contact the UKBA if you want her deported. You will need to give them as much detail as you possibly can.
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I will answer your follow up questions you may have.
She left the house with my 1 year old son a few days ago I have no idea where they are i am only concerned with my son, she complained about me to the social service who I belie called the police they arrested me but then there was no case to answer so I was released, i told them our argument was based mainly on her legal status. They said they would look into it. I don’t want her back but if I win custody of my son will she be deported?
And can I apply for custody of my son?
And if i have custody of my son will I have to pay her anything given the fact I’m not legally married?
There has been a recent development whereby a non-eea national can secyre leave to remain on the basis of having a UK citizen child, so she could secure leave to remain in any event if she took legal advice,
Custody is now referred to as Residence. If you having residence of the child is disputed by you wife you can apply for a residence order from Court.
If she obtains residence then you wil have to pay her child support.
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