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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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i overstayed in the uk and im about to be remove i got no family

Customer Question

i overstayed in the uk and im about to be remove i got no family in my country but got a 6yrs old daughter here and a girlfriend and step son i play a great part in they lives is there any thing i can do to avoid been remove from the uk
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,


What nationality is your girlfriend?

 

What nationality is your daughter?

 

Have removal directions been issued?

 

Have you instructed a solicitor?

 

Tom

Customer: replied 5 years ago.

girlfriend is british daughter is british am at a immgration removal center in the uk.i have not instructed a solicitor

 

Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks.


Has it been ordered that you are removed following a hearing that you have had?

 

How long have you been with your girlfriend?

 

How old is your daughter?

 

Kind regards,


Tom

Customer: replied 5 years ago.

we been together 2yrs my daughter is 6yrs

Customer: replied 5 years ago.

we been together 2yrs my daughter is 6yrs no i havent had a hearing

Expert:  Thomas replied 5 years ago.

Hi,

 

Have you lived together with your girlfriend for those two years?

 

Tom

Customer: replied 5 years ago.

no but we leaved at her mum for 4months and we got our rented flat for 6months

 

Expert:  Thomas replied 5 years ago.

?Hi,

 

Thanks for your reply.

 

You need to instruct a solicitor to act on your behalf at the removals hearing when it happens.

 

There is a Human Rights argument that can help you because you have a child here. If you can prove that the child is to remain here in the UK and that you have been present in her life in the same way a normal caring father would be then you can argue that neither she or you should have their human right Article 8 to a family and private life prejudiced by your removal. Your solicitor will know how to argue this.

 

The problem with your girlfriend is that you are not married and to be treated as being the same as man/wife you have to have lived together for 2 years. Had this been the case your Human Rights Article 8 right would be strengthened further.


if you instruct a solicitor to act on your behalf to argue your case on the basis of your UK national child and your positive influence on her life then you should be successful in avoiding being removed.

 

If your case is not made out at the hearing then you will be removed from the UK and will face having to make an application for discretionary leave to remain on the basis of your UK child. This is fairly difficult to do from outside the UK but you can do it.

 

You need to get your girlfriend to speak to solicitors based in the same locality as you practising immigration law. You can use the following website to find them. You need to do this immediately:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

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