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Hi My friend has recently told me that his visa ran out in 2009 and hes been livi

Hi My friend has recently told...
Hi

My friend has recently told me that his visa ran out in 2009 and he's been living illegally in the UK.

He has a 1 year old baby with his ex partner and she's not willing to help him and stating that she will not put his name on the birth certificate.

He's worried about seeing a solicitors and Im trying to find out what help is available to him.

Also he's not in a relationship with anyone.
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Answered in 5 hours by:
5/23/2013
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Who will have residence of the child please?

Tom
Ask Your Own UK Family Law Question
Customer reply replied 4 years ago
Sorry I didn't make that clear his ex has the child but she uses her as a weapon against him as he is vulnerable due I his status.
Thanks
Is he permitted contact with the child?

What nationality is the child?

Tom
Ask Your Own UK Family Law Question
Customer reply replied 4 years ago
The child is a British national and he has an arrangement to see the baby each week.
Hi

Thanks for your patience.

First of all, he should not worry about seeing a solicitor privately. They will not do anything that he instructs them not to do. So, they wouldn’t see that he was deported. They are there to help him.

His situation is complicated. If he is an overstayer then the UKBA could issue removal directions to deport him.

However, the fact that he has a child here does mean that he has a greatly increased chance of being first able to defend his removal and then secure leave to remain in the UK on that basis.

The first thing he has to do is see a firm with both family solicitors and immigration solicitors. He needs to firmly establish his rights in respect of the child, by proving his parentage and ultimately secure a contact order under the Childrens Act. Once he has a contact order he should instruct an immigration solicitor to make an application to the UKBA on the basis that he has a child resident in the UK and that he is a parent with contact.

If he can do this then he will be fine, but his situation is such that he must instruct a solicitor. Children cases can be complicated and drawn out. Having a solicitor will limit the chances of this.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Thomas
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Category: UK Family Law
Satisfied Customers: 7,626
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