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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm.
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My friend is South African citizen,she got pregnant with british

Customer Question

My friend is South African citizen,she got pregnant with british citizen last year.She go back to south africa wher in november aply for a visa.She didnt tell she is pregnant,her visa was refused as she overstayed her previuse one over 5 months.She give a birth to a child in march and the father put his name on the birth certificat.Hov big chances she have now to get the visa to come in uk?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Is she still in a relationship with the father of the child?
Customer: replied 4 years ago.
Hello,no she is not and she never was in relationship with him as he already live with another woman for the pas 7 years,they have a 6 years old child
Expert:  Alice H replied 4 years ago.

Your friend can apply to visit the UK e.g. to see friends or family. She can apply as a general visitor. However if she has overstayed in the past her application is likely to be refused.

She does not have a right to come to the UK just because she had a relationship with a British Citizen. If they were still in a relationship then she could have applied as his partner. But as they re not together she does not have grounds to make an application.

At the moment any application she makes is bound to fail.

I'm really sorry to give you such bad news but as a lawyer I have to be completely honest about your friends position under UK immigration law.

Customer: replied 4 years ago.
Is the fact that the father register himself on the bi rth certificat dont give her more rights now as mother of a british child?
Expert:  Alice H replied 4 years ago.
No. It doesn't give her any more rights I'm afraid. The father could apply for the child to join him in the UK but such a right does not automatically extend to the mother. Her biggest problem is that she overstayed.
Customer: replied 4 years ago.
what about the fact that she hide her pregnancy when aplied for the visa?its that make her even more harm? Its that count as imigration law breakage?
Expert:  Alice H replied 4 years ago.
It really depends on her explanation. If she was being dishonest and made false declaration then it will count against her. If it was a genuine mistake or misunderstanding then she may be able to explain the reason. But her biggest problem is that she overstayed by 5 months.