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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have a new born baby but i came in as student which has now

Resolved Question:

i have a new born baby but i came in as student which has now ran out.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Are you asking about your immigration status?
2. What nationality are you
3. What nationality is the father
4. Are you in a relationship with a UK national, EEA member state national or person holding Indefinite Leave to Remain?
Kind regards.
Tom
Customer: replied 2 years ago.
1. yea
2. Nigerian
3. nigerian
4. yes, relationship with a british citizen
Expert:  Thomas replied 2 years ago.
Hi,

Are you married to the British Citizen?

How long have you been in a relationship with the British Citizen?

Tom
Customer: replied 2 years ago.
1. we are not married yet but we have a 6 weeks old baby together
2. we have been together for over 2 years
Expert:  Thomas replied 2 years ago.
You said that the father of the child was Nigerian.

Do you have another child with your British Citizen boyfriend?

Do you live together?

Tom
Customer: replied 2 years ago.
i am a lady and the father is a nigerian who came as a student, but his visa has ran out, this is our first child together and i dont want him to go back to nigeria. I am a british citizen and i have registered our baby.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

I’m still a little confused, but my answer is based upon the following:-
1.; You are a British Citizen and so is your new born child
2. The father of the child is Nigerian and has overstayed his visa
3. You do not want him to go and be deported and are enquiring over his immigration status.

He would have to make an application on a discretionary basis because of his UK citizen child. This would be an application outside of the traditional immigration rules – you would not find guidance in this regard on the UKBA website.

His argument would be that he should be afforded further leave to remain on the basis that his child is to reside here permanently with you and his removal would breach the right to family and private life for both him and the child if he were removed under Article 8.

He would need to instruct a solicitor to make the Application for Discretionary Leave to Remain because it is a specialist application and the solicitor would have to argue his Article 8 rights in the application and the covering letter, They would also make sure the application is appropriately collated with documentary evidence to give him the best possible chance of an approval.

Provided the application is made by a solicitor and you can show that the child shall remain here permanently then he has a chance of regularising his stay. It would cost in the region of £1000-1500 for a solicitor to make this application for him.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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