New Mum Needs Advice

[candrews8]

Right bit of a long one here,

I'm an American living in the UK on a Tier 4 student visa that expired May 31.

Background is, I've been living in the UK since 2011 and have had a partner for two years who was born and raised in England. We now have a 10 week old son. In my baby brain state I completely forgot about applying for a partner visa, my partner makes enough money to sponsor me on his own, but I also have a job with a comparable salary. I have been paying NI for 4 years, I have a tenancy in a home here, name on utility bills, pay council tax, etc... Today we went to the Register's Office to give Notice of Marriage and I was told as a foreign national I have to go to a designated Home Office approved Register's Office to apply for a Certificate of Approval for Marriage, which I believe came into effect last month. When I rang the office to make an appointment they reminded me to bring my visa, which I will do but it expired in May.

Can anyone advise me on what situation is going to arise from this? I obviously want to get it sorted out ASAP but ideally without leaving the country - my parents in American have had to move out of my childhood home and live with my elderly Grandmother in a small house. It's not a realistic option to be able to go back to America with a new baby and no place to stay to reapply for a visa.

Thanks for your help!

[Casa]

Under the rules for marriage involving foreign nationals, the Registrar is legally bound to notify the Home Office of your intention to marry. The Home Office can then extend the notification time from 28 to 70 days in order to interview you both before the wedding can take place.

[candrews8]

Under the rules for marriage involving foreign nationals, the Registrar is legally bound to notify the Home Office of your intention to marry. The Home Office can then extend the notification time from 28 to 70 days in order to interview you both before the wedding can take place.

What does that mean exactly? I understand the notification time is extended but do they not interview us at the time we give notice? Are they likely to deny the application?

[Casa]

No. You will give notice to marry with the Registrar and they will then notify the Home Office. The Home Office will then contact you if they want to interview you and there is a high chance that they will do so as it will be obvious from the information provided by the Registrar that you no longer have a valid visa.
Have you been living together for a minimum of 2 years? If so, I believe your best chance may be to submit a FLR(FP) application under the 'parent of a child' route as an unmarried partner. Otherwise, without an application under consideration, you may be asked to leave the UK before you are able to marry. It may be wise to seek legal advice.
Bear in mind that you earnings won't be considered as you are not legally permitted to work and your employer could face a fine of £10,000.

[candrews8]

No. You will give notice to marry with the Registrar and they will then notify the Home Office. The Home Office will then contact you if they want to interview you and there is a high chance that they will do so as it will be obvious from the information provided by the Registrar that you no longer have a valid visa.
Have you been living together for a minimum of 2 years? If so, I believe your best chance may be to submit a FLR(FP) application under the 'parent of a child' route as an unmarried partner. Otherwise, without an application under consideration, you may be asked to leave the UK before you are able to marry. It may be wise to seek legal advice.
Bear in mind that you earnings won't be considered as you are not legally permitted to work and your employer could face a fine of £10,000.

No we haven't been living together for 2 years. Only been living together since July 2014. Does that mean I'm out of options? I know I've overstayed more than 90 days now so they probably don't care about my excuses now, it just seems like there must be something I can do if I'm willing to pay the money! I'm contributing and have a family and home and we support ourselves, it's just frustrating. I know it's my own fault, just frustrating!

[Casa]

Without the 2 years co-habitation I don't have a solution. Much will depend on what happens during the interview with the Home Office. Others may be able to advise on your right to appeal if they issue a notice of removal. Apart from paying for good legal advice, money won't get you out of the situation. It may seem harsh, but your 'contribution' won't be taken as a positive factor as currently you are working illegally.

[candrews8]

Without the 2 years co-habitation I don't have a solution. Much will depend on what happens during the interview with the Home Office. Others may be able to advise on your right to appeal if they issue a notice of removal. Apart from paying for good legal advice, money won't get you out of the situation. It may seem harsh, but your 'contribution' won't be taken as a positive factor as currently you are working illegally.

Any suggestions on what they may ask/what may happen at the Home Office interview?

[Casa]

The interview is held primarily to ascertain whether the relationship is genuine. However, this allows the Home Office to cast a net to catch anyone who has no legal residence in the UK. A few years ago the requirement from the Home Office for a Certificate of Application to marry (COA) when the marriage involved a foreign national unless they were marrying in a Church of England, was withdrawn following a court ruling. This left the Home Office unable to intervene unless the Registrar had strong reasons to suspect a sham marriage. The introduction of the relatively new requirement of notifying the intention to marry only in a Home Office designated Registry Office, with the Registrar legally required to advise the Home Office of the registration, puts the ball back in the court of the Border authorities, enabling immigration checks and control.

[drinver]

Also you were not entitled to use the NHS after your visa expired. So if you didnt pay for your medical care during pregnancy/birth/post natal, it would be worth contacting GPs and hospitals to check and pay any outstanding debt.

[Zee ali]

Without the 2 years co-habitation I don't have a solution. Much will depend on what happens during the interview with the Home Office. Others may be able to advise on your right to appeal if they issue a notice of removal. Apart from paying for good legal advice, money won't get you out of the situation. It may seem harsh, but your 'contribution' won't be taken as a positive factor as currently you are working illegally.

Any suggestions on what they may ask/what may happen at the Home Office interview?

In worst case scenario u could be detained or they put u on signing ( reporting to a immigration center) so when your removal papers r ready they will remove u back to america.

[Casa]

Although it may seem inconvenient and impractical, the safest way to resolve this would be to return to your home country, marry there and then apply for a spouse settlement visa to return. Applications submitted in the USA are generally processed within a very short time. You would need to ensure however (as you've been advised) that any NHS facilities used after the expiry of your student visa are paid for, leaving no fees outstanding. The Home Office do now check thoroughly and can use this as a reason for refusal.

[coco__nutty]

Also you were not entitled to use the NHS after your visa expired. So if you didnt pay for your medical care during pregnancy/birth/post natal, it would be worth contacting GPs and hospitals to check and pay any outstanding debt.

Sorry for butting in, but what do you mean by this?

I am currently on a FLR(M) visa (extension), paid for the first time for the NHS surcharge as per the new legislation/rules.

I am due to give birth in spring next year, will this not be free for me as a foreign national or will the surcharge pay for it?

I find the surcharge a bit of a sham, to be honest, as I have lived here for almost 10 years, working for about 9 (also paying fees for University studies), so been contributing NI. Not needed to use NHS once and always use private dentists.
And here I am now needing to pay a 'surcharge' as well? This is obviously to do with the influx of European immigrants coming to the UK to abuse the free health system and nothing the government can do about it, except for milk those they can.

Sorry, a slightly off-topic rant, but would appreciate if you could clarify regarding hospital fees.

Thanks,

[Casa]

Also you were not entitled to use the NHS after your visa expired. So if you didnt pay for your medical care during pregnancy/birth/post natal, it would be worth contacting GPs and hospitals to check and pay any outstanding debt.

Sorry for butting in, but what do you mean by this?

I am currently on a FLR(M) visa (extension), paid for the first time for the NHS surcharge as per the new legislation/rules.

I am due to give birth in spring next year, will this not be free for me as a foreign national or will the surcharge pay for it?

I find the surcharge a bit of a sham, to be honest, as I have lived here for almost 10 years, working for about 9 (also paying fees for University studies), so been contributing NI. Not needed to use NHS once and always use private dentists.
And here I am now needing to pay a 'surcharge' as well? This is obviously to do with the influx of European immigrants coming to the UK to abuse the free health system and nothing the government can do about it, except for milk those they can.

Sorry, a slightly off-topic rant, but would appreciate if you could clarify regarding hospital fees.

Thanks,

This doesn't apply to your situation. The OP's student visa has expired which means they have no free access to the NHS. The NHS surcharge enables you to use NHS facilities without restriction.

[coco__nutty]

Also you were not entitled to use the NHS after your visa expired. So if you didnt pay for your medical care during pregnancy/birth/post natal, it would be worth contacting GPs and hospitals to check and pay any outstanding debt.

Sorry for butting in, but what do you mean by this?

I am currently on a FLR(M) visa (extension), paid for the first time for the NHS surcharge as per the new legislation/rules.

I am due to give birth in spring next year, will this not be free for me as a foreign national or will the surcharge pay for it?

I find the surcharge a bit of a sham, to be honest, as I have lived here for almost 10 years, working for about 9 (also paying fees for University studies), so been contributing NI. Not needed to use NHS once and always use private dentists.
And here I am now needing to pay a 'surcharge' as well? This is obviously to do with the influx of European immigrants coming to the UK to abuse the free health system and nothing the government can do about it, except for milk those they can.

Sorry, a slightly off-topic rant, but would appreciate if you could clarify regarding hospital fees.

Thanks,

This doesn't apply to your situation. The OP's student visa has expired which means they have no free access to the NHS. The NHS surcharge enables you to use NHS facilities without restriction.

Thank you for your response, Casa!