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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am an overstayer and ive got 2 children who are british citizens

Customer Question

i am an overstayer and ive got 2 children who are british citizens with an english lady, ive lived here so far for 9 years, is there any way i can apply for right to remain in the uk, without going back to nigeria and being seperated from my children?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question.

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Who has residence of the children
2. Does the other parent have contact with the children
3. Are you in a relationship with the mother?
4. If not, are things between the mother about the children amicable?
Kind regards.

Tom
Customer: replied 1 year ago.

1. their mother has residency of the children


2.i have regular contact with the children


3. we r a couple ,but dnt live together at the moment


4. the girl is 3 yrs and the boy is 2 , and my name is XXXXX XXXXX birth certs, as their father

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply.

The key to you regularising your stay in the UK is to ensure that you are able to demonstrate that you have a pattern of behaviour of involvement with the chidrens’ upbringing. Usually this in the form of a Contract Order from the Court to have contact with the children after you have been in court proceedings with the mother or a formal written agreement with the mother that you shall have contact with the children which is then submitted to Court. This would have to be prepared by solicitor and supported by detailed statements from you and the mother and any others who are aware of your involvement with in the children’s upbringing.

If you are in a relationship with the mother then this further strengthens your application but the best thing you can do is to instruct a solicitor to prepare the application for you so that you have the best chance of applying. They should charge in the region of £1000 + Vat for this.

You would also have to show that you are able to support/accommodate yourself without the need to access public funds. The fact that you are an overstayer is a bit of a problem, but if you are able to show that it would be to the children’s detriment if you were required to leave the UK to make the application then you may be successful.

This would be an application under Immigration Rule 246:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/

if you were to marry the mother then this would also further strengthen your application.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
i and the mother have arrangements , but hav never had to put it to pen and paper, relatives and family can confirm the arrangement and how we operate as a unit...will it b a problem, if i dnt have court papers as proof? and what are my chances, wud i be deported, or taken into custody?
Expert:  Thomas replied 1 year ago.
Hi,

You need to get a Court order really, to be safe. The alternative is for a district judge to issue a certificate confirming your intention to maintain contact with the children.

You need to see a solicitor about this. If you applied without it chances are that your claim would be rejected. They may or may not issue deportation proceedings, to which you would respond by applying for a contact order anyway so it seems sensible to cut this out by getting one now.

Please remember to rate my answer.

Kind regards,

Tom

Customer: replied 1 year ago.
how do i go about getting this order from a district judge? u knw how much it wud cost?
Expert:  Thomas replied 1 year ago.
Hi,

It should cost a couple of hundred pounds if you use a solicitor and you both agree to it. I understand it's quite straighforward, though I have never had to obtain one myself.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you

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