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girlfriend from peru, pregnant, can she stay in the UK?

General UK immigration & work permits; don't post job search or family related topics!

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Wanderer
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Post by Wanderer » Wed Aug 01, 2007 10:18 pm

SYH wrote:How many posts do you need to get to the next level?
I think it's 1000 but I've given up now so I am allowed to answer you.
An chéad stad eile Stáisiún Uí Chonghaile....

SYH
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Post by SYH » Wed Aug 01, 2007 10:19 pm

Wanderer wrote:
SYH wrote:How many posts do you need to get to the next level?
I think it's 1000 but I've given up now so I am allowed to answer you.
Thanks I am honored, I think?

Wanderer
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Ireland

Post by Wanderer » Wed Aug 01, 2007 10:28 pm

SYH wrote:
Wanderer wrote:
SYH wrote:How many posts do you need to get to the next level?
I think it's 1000 but I've given up now so I am allowed to answer you.
Thanks I am honored, I think?
That's 'Honoured' - There's no need to thank me.
An chéad stad eile Stáisiún Uí Chonghaile....

William Blake
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Post by William Blake » Wed Aug 01, 2007 10:51 pm

Don't be too upset mate. Find a legitimate way of getting a visa extension. I don't think you need to declare pregnancy to the Home Office.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

OL7MAX
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Post by OL7MAX » Thu Aug 02, 2007 12:01 pm

We've all developed our little personas here now with me and SYN being chief Grumpies.
Er, when did I resign the post?

wildeep, if the "British" child lives here till he/she is seven and then his mother gets custody that may be a way in for her. It's a long wait.

SYH
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Post by SYH » Thu Aug 02, 2007 12:14 pm

OL7MAX wrote:
We've all developed our little personas here now with me and SYN being chief Grumpies.
Er, when did I resign the post?
When we left you in the dust of our numerous posts

Christophe
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Post by Christophe » Thu Aug 02, 2007 12:46 pm

SYH wrote:If not married, ever heard of a condom?
But even then, even with the best possible use, accidents do happen.

SYH
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Post by SYH » Thu Aug 02, 2007 12:50 pm

Christophe wrote:
SYH wrote:If not married, ever heard of a condom?
But even then, even with the best possible use, accidents do happen.
That's a different story.
And that's not what he is suggesting happened.
He just wanted to get his groove on without consequences.
Well here's a baby in the middle of his noncommital irresponsible never want to growup lifestyle or whatever it is.

OL7MAX
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Post by OL7MAX » Thu Aug 02, 2007 1:05 pm

When we left you in the dust of our numerous posts
Ah! Your criteria is quantity over quality. OK, you win.

SYH
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Post by SYH » Thu Aug 02, 2007 1:10 pm

OL7MAX wrote:
When we left you in the dust of our numerous posts
Ah! Your criteria is quantity over quality. OK, you win.
No no, its dedication and attention span clearly demonstrated by the responses over more days, not solely number of posts but a bit too difficult to spell out otherwise

Christophe
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Post by Christophe » Thu Aug 02, 2007 1:32 pm

SYH wrote: That's a different story.
And that's not what he is suggesting happened.
He just wanted to get his groove on without consequences.
Well here's a baby in the middle of his noncommital irresponsible never want to growup lifestyle or whatever it is.
Obviously the situation is very un-ideal (potentially a personal tragedy), and we don't really know precisely what anyone's motives or feelings are, or were. Nevertheless, I do think you're being a little harsh: the original poster is concerned enough about the situation to have posted his message, for example, and he obviously does want to try to make things work for his girlfriend and for their baby.

SYH
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Post by SYH » Thu Aug 02, 2007 1:39 pm

Christophe wrote:
Obviously the situation is very un-ideal (potentially a personal tragedy), and we don't really know precisely what anyone's motives or feelings are, or were. Nevertheless, I do think you're being a little harsh: the original poster is concerned enough about the situation to have posted his message, for example, and he obviously does want to try to make things work for his girlfriend and for their baby.
You read a lot into his good intentions
Here's what I read, he will do whatever is the easiest to do.
I am not impressed by his attitude and his actions so far.
Posting isn't so hard to do.
Getting married would be more impressive to me.
Moving to peru would be more impressive to me.
He clearly wants to stay in the UK but knows he has a child on the way which can cause problems in the long run if the mother goes back to Peru without him so he is looking to keep her here but nothing more if he can avoid it.
That's what I read of his intentions so stop trying to get me to not say what probably most people are thinking and to get back to the immigration HO aspect of it. he can't have his cake and eat it too. HO stance is put up or shut up, meaning get married or bugger off.

Christophe
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Post by Christophe » Thu Aug 02, 2007 4:40 pm

SYH wrote:That's what I read of his intentions so stop trying to get me to not say what probably most people are thinking and to get back to the immigration HO aspect of it. he can't have his cake and eat it too. HO stance is put up or shut up, meaning get married or bugger off.
Well, mine was only a polite posting. I'm sorry that I seem to have offended or upset you; that was not the intention.

SYH
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Post by SYH » Thu Aug 02, 2007 4:44 pm

Christophe wrote:
SYH wrote:That's what I read of his intentions so stop trying to get me to not say what probably most people are thinking and to get back to the immigration HO aspect of it. he can't have his cake and eat it too. HO stance is put up or shut up, meaning get married or bugger off.
Well, mine was only a polite posting. I'm sorry that I seem to have offended or upset you; that was not the intention.
Nobody offends me and lives
but seriously you didnt offend me

ChrisSmith
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Post by ChrisSmith » Thu Aug 02, 2007 6:34 pm

Wildeep - hope you find a solution to your situation ... I recently married my US girlfriend - in the US - and we are about to go through the application process to get her here in the UK on a spouse visa. She is 3 months pregnant and we would obviously love to be living together in the UK by the time she gives birth.
It's a shame some people are so self-aggrandising that they use someone else's personal troubles to swell their own heads even further ... shocking really.
Good luck with everything ... sorry, I have no solutions, but just wanted to write to let you know that others are in similar situations. I wouldn't have married so quickly, or so soon in the relationship, but with the baby's imminent arrival it seemed the best route - and admittedly something we'd talked about anyway. As to whether it helps our particular case, only time will tell. Live your own life, and don't let the bastards grind you down.
cheers

William Blake
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Post by William Blake » Thu Aug 02, 2007 9:01 pm

I do know where SYH is coming from but even though we see people partaking of course of actions we would never do ourselves or we see to be blatantly wrong there is nothing wrong with pointing this out in a tactful way.

Are you female SYH?
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

craig_m67
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Post by craig_m67 » Fri Aug 03, 2007 12:30 am

I am a dual National. Australian by birth, British by descent. My son (2nd child) was born this year in the UK and is a full British citizen (not descent like me) ie. has full passport(s) etc. My partner, his mother is Australian, and here on a spouse visa as is our daughter (no recourse to funds, this excludes NHS). We are unmarried.

Have the child here if you can.
Get her a spouse visa, you don't need to be married.

jimquk
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Post by jimquk » Fri Aug 03, 2007 12:53 am

I must say I am unimpressed with people "reading" the OP's intentions. Does it really matter? He may or may not be a nice guy. I may or may not be, or any of us. OK, everyone is free to state their opinions, but if anyone is concerned for the welfare of the mother and child, let's just give them the best advice we can so that whatever choices they make are informed ones.

I think that without question the spouse route is the way to go. It is the only way that is really acceptable to the Home Office, and it only works if you are married. Of course, it is always possible that a marriage can break down, perhaps after only two years or so, but the lady by that time can have acquired ILR, so that the two parents at least have the possibility of living in the same country.

Of course, it is absolutely vital that the marriage is not entered into with the intention of being terminated once she gets ILR. That would be a fraudulent marriage of convenience. Given that there was evidence of a real relationship in the form of the child, I guess they wouldn't prosecute, but any leave to remain so acquired would be cancelled.

Good luck, keep us posted.

ball1333
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Post by ball1333 » Fri Aug 03, 2007 1:21 am

craig_m67 wrote:Get her a spouse visa, you don't need to be married.
How's that?

SYH
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Post by SYH » Fri Aug 03, 2007 8:40 am

jimquk wrote:I must say I am unimpressed with people "reading" the OP's intentions. Does it really matter? He may or may not be a nice guy. I may or may not be, or any of us. OK, everyone is free to state their opinions, but if anyone is concerned for the welfare of the mother and child, let's just give them the best advice we can so that whatever choices they make are informed ones.

I think that without question the spouse route is the way to go. It is the only way that is really acceptable to the Home Office, and it only works if you are married. Of course, it is always possible that a marriage can break down, perhaps after only two years or so, but the lady by that time can have acquired ILR, so that the two parents at least have the possibility of living in the same country.

Of course, it is absolutely vital that the marriage is not entered into with the intention of being terminated once she gets ILR. That would be a fraudulent marriage of convenience. Given that there was evidence of a real relationship in the form of the child, I guess they wouldn't prosecute, but any leave to remain so acquired would be cancelled.

Good luck, keep us posted.
I think you need to leave alone the intention stuff. Someone else brought it up with me and I provided my interpretatio it so I am not going to debate it with you.
However if he can get a spouse visa without getting married (which I find weird), then I would think this would be an acceptable soluation for all parties involved.
I just think its lame to have a relationship with someone that is not a one night stand in which a baby is involved and to not be willing to get married to keep the mother in the country, especially when the OP claims he is still interested in "working" on the relationship. Then get over it and get married and work on the relationship, if it doesn't work out, it doesn't work out.

sakura
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Post by sakura » Fri Aug 03, 2007 9:56 am

craig_m67 wrote:I am a dual National. Australian by birth, British by descent. My son (2nd child) was born this year in the UK and is a full British citizen (not descent like me) ie. has full passport(s) etc. My partner, his mother is Australian, and here on a spouse visa as is our daughter (no recourse to funds, this excludes NHS). We are unmarried.

Have the child here if you can.
Get her a spouse visa, you don't need to be married.
If you're unmarried then your partner is on an unmarried partner's visa, not a spouse visa.

For a spouse visa I'm guessing that you need to show the marriage certificate!

For an unmarried partner's visa...you need to show 2 years of co-habitation as though you were living as husband and wife. So I am assuming the OP isn't living with this person (or hasn't for 2 years anyway), so they can't apply for that.

So, we can rule out a spouse visa, because they're not married, and don't want to yet, and an unmarried partner's visa, because they haven't lived together for two full years.

However, Wildeep you wrote that she's studying for a master's? Then why not try the International Graduates Scheme?
http://www.workingintheuk.gov.uk/workin ... cheme.html?

Now, technically you don't have to work full-time or even paid on this scheme, and with a baby it'll be very hard. The visa gives her 12 months (24 if she studied in Scotland), to stay in the UK to work.

Now, this will help you spend more time together and sort things out, but it isn't a permanent thing, so you either choose to get married, or, if you've already lived together for 12 months, live together for another 12 months and apply for an unmarried partner's visa, or get her to apply to stay as the mother of a British Citizen. That would seem to be her best (only?) options to live here permanently.

Obviously since she's on a visa, she has no recourse to public funds, so she can't claim child support or housing support or maternity or anything. Obviously, though, since you're a British Citizen, you can apply for any public funds, but on a sole basis. I don't know much about this, but you need to be aware that people on visas generally have a "no recourse to public funds", so you need to check carefully (or just ask John!) before applying for anything.

The hardest thing would be finding a way to support yourselves. With a baby I gather she won't be able to work much, so probably a P/T job is the best thing.

Good luck!

craig_m67
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Post by craig_m67 » Fri Aug 03, 2007 2:55 pm

sakura wrote:
If you're unmarried then your partner is on an unmarried partner's visa, not a spouse visa...

For an unmarried partner's visa...you need to show 2 years of co-habitation as though you were living as husband and wife.
Yes, that's exactly what it is - an umarried partners visa - get one of these (if you can). Sorry if I confused anybody however, when we applied for the visa (British embassy in Australia) they called it a spouse visa.. we don't do unmarried / illegitimate status in Oz it's not PC
(unless your gay :roll: ).

Regardless, and having slept on this - I think the best gift you can give this child at this moment (other than yourselves) is British Citizenship. If your partner is able to (legally) stay and have the child here I would make that your priority.

You can apply for child benefits and tax credits as the father (i am doing this for my Australian daughter). As somebody else has said you may be able to get your partner a visa to stay as the mother of a British child, i've read this somewhere too.

No recourse to funds is definitely going to apply (it would already?), there is lots of information around about this - it's not as nasty as it sounds.

Best of luck with your situation and please don't take any of the judgemental rubbish people have posted on here to heart. Your going to need all your strength just to get through what is already no doubt very stressfull.

Craig

William Blake
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Post by William Blake » Sun Aug 05, 2007 10:59 am

I just think its lame to have a relationship with someone that is not a one night stand in which a baby is involved and to not be willing to get married to keep the mother in the country,...

Yuk. If it were a one stand then you would understand ? [/quote]
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

SYH
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Post by SYH » Sun Aug 05, 2007 11:03 am

William Blake wrote:
I just think its lame to have a relationship with someone that is not a one night stand in which a baby is involved and to not be willing to get married to keep the mother in the country,...

Yuk. If it were a one stand then you would understand ?
[/quote]
NO don't be daft. I am talking about how he has presented his case so just move along to something else. His actions are still lame.

William Blake
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Post by William Blake » Sun Aug 05, 2007 11:27 am

:)

I still want to know your gender
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

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