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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11825
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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iv overstayed my six mths in the uk iv since had a baby with

Customer Question

iv overstayed my six mths in the uk iv since had a baby with a uk passport holder we have 2 other children who were born in my home country south africa i was wondering if there was any way to sort this mess out with out having to return to my home country thanks
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  INC replied 7 years ago.



Are you married or do you intend to marry?


Many thanks,

Customer: replied 7 years ago.
i intend to marry my partner but have not been able to over here as i only came as a visitor we have been together for 9 yrs
Expert:  INC replied 7 years ago.



If you intend to marry your partner, the best thing you could do is obtain a Certificate of Approval from the Home Office and then marry. Once married, you will be eligible to make an application for a Spouse Visa.


The alternative is to return to yoru home country, get married and then submit an application for a Spouse Visa.


I hope this answers yoru question. If so, kindly click accept.


If you wish to disucss, please feel free to ask further questions.


Kind regards,

Customer: replied 7 years ago.
ok but iv been here for 4 yrs 6 mths so iv overstayed 4 yrs if i go bk to my country i will get a ban and not be able to come bk how do i obtain a certificate of approval from home office and how will this help my situation many thanks jo
Expert:  INC replied 7 years ago.



In order to obtain a CoA, you will need to make an application to the Home

Office. The fact that you have overstayed should not hinder your applciation based on the decision in the case of BAIAI.



Customer: replied 7 years ago.
so basically i have to get premmision to marry my partner and after that what happens im sorry if my questions are all mucked up but iv been living with this fear of deportation for a while now and dont know who to turn too will this coa definetly help my situation and will they deport me if it is refused
Expert:  INC replied 7 years ago.



They will not deport you if it is refused, however, it will put the Home Office on Notice that you are in teh UK illegally and may lead to further investigations being carried out.


If you are garnted a CoA, you will then be entitled to marry in the Uk and subsequently make an application for a Spouse Visa.


I hope this helps.

Customer: replied 7 years ago.
if it is refused will i be able to appeal thanks
Expert:  INC replied 7 years ago.



You should be given Leave to Appeal, however, I cannot say for sure as this is a decision only the Home Office can make.

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