Can I please have your advice...especially yours JOHN

[fussyyout]

In a nutshell I have overstayed for 9 years now in April since coming here from the Caribbean. My girlfriend of one year is now pregnant and is keeping the baby. I very much want to be involved with the upbringing of the child and offer my full support as a father and would like to go the extra mile by marrying her.

Now tell me how do I do this? Do I attempt to marry her here or should I first leave the country marry her abroad and then seek to come back along with her on a spouse visa?

Is there a possibility that will simply not take the child into regard and just say hey get out thanks for letting us know?

I would NOT be seeking to recourse to public funds.
I have accomodation sorted with recourse to public funds.

I would appreciate your opinions before I go shell out 100 pounds an hour for a solicitor.

Regards

JT

[Siggi]

JT,
The advise is really straight forward in your case, return to your home country asap. marry your Gf there and then apply for a spouse visa. Simple as pie.
Your only problem will be leaving the UK unnoticed by the BIA, so look for a smaller airport other than Heathrow or Gatwick.

I don't beleive that your Gf pregnacy will have any bearing on your application other than if it is done outside the UK and mentioned in your spouse application visa.

One thing for sure I would not try any form of appliction from within the UK, because of your overstay issuse.

Good luck with your future.

[olisun]

I would NOT be seeking to recourse to public funds.
I have accomodation sorted with recourse to public funds.

Your above 2 statements don't match

[jei2]

JT,
The advise is really straight forward in your case, return to your home country asap. marry your Gf there and then apply for a spouse visa. Simple as pie.

JT,

You don't say where you're from. Unless you're a British Dependent Territories Citizen (and obtained British citizenship in 2002), it may not be as simple as pie. Jamaica for example has a very high rate of refusal; Bajans have a relatively easier time.

You don't exactly sound like an enamoured lover. Note that the onus will be on you to prove that the relationship is genuine and subsisting. How will you support yourself and presumably your nursing partner? Do you have letters of potential (note potential) employment?

From your statement about accommodation with recourse to public funds, this shouldn't matter if your girlfriend is registered as the sole tenant in a council flat. Unless you mean that she's in receipt of housing benefit..?

Given your overstayer status and the penalties coming in for re-entry applicants in October 2008, it might well be worth forking out the £100.00 for an hour's consultation. Much more costly to yourself and your partner if you get it wrong. Start by having a look at para 281 of the Immigration Rules.

[Siggi]

Jei2,
Why are so determine to complicate this very straight forward matter and even question the chaps relationship?
Even if the op comes from Jamacia there should be no problem with a spouse visa!

[Wanderer]

Jei2,
Why are so determine to complicate this very straight forward matter and even question the chaps relationship?
Even if the op comes from Jamacia there should be no problem with a spouse visa!

Apart from the 66% reject rate......

[jei2]

Siggi,

On what evidence do you define JT's situation as a "straightforward matter"?

[fussyyout]

JT,

You don't exactly sound like an enamoured lover. Note that the onus will be on you to prove that the relationship is genuine and subsisting. How will you support yourself and presumably your nursing partner? Do you have letters of potential (note potential) employment?

From your statement about accommodation with recourse to public funds, this shouldn't matter if your girlfriend is registered as the sole tenant in a council flat. Unless you mean that she's in receipt of housing benefit..?

Given your overstayer status and the penalties coming in for re-entry applicants in October 2008, it might well be worth forking out the £100.00 for an hour's consultation. Much more costly to yourself and your partner if you get it wrong. Start by having a look at para 281 of the Immigration Rules.

Jei2 & Siggi

Thanks for your many inputs. Siggi easy as pie had my blood racing though I'm sure that given my luck it probably won't be..lol

In regards to Jei2's thoughts on my relationship, I guess you've stereotyped me as a typical Jamaican man who's marrying a English girl to stay in the country. To be very frank I could have married many girls a long time ago but never loved any of them so didn't want to take the piss out of anyone. This girl is different she's very special to me or I wouldn't have opted to for her to have the baby.

Anyway the point is I don't have much options. As we've both decided to have the baby I don't want him/her labelled as a bastard child so would rather work at doing the right thing and being good parents for the child. If they decided not to let me back into the country for whatever reason then I would have no other choice other than live in Jamaica with her as a married couple (it wouldnt be the end of the world, i'll survive even in Iraq...lol)

Obtaining a job wont be a problem for me as I never had problems getting work due to good qualifications. She also works and yes she has got a property from the council but not on Housing Benefit. In fact she would probably be forced to get benefit should I not be around to help support.

I do have a few questions. If i opt to leave the country without notifying the authorities is that illegal? Also if I had entered the country on a different spelling in my name to what it is now, how could that affect/help me? i think i should mention that i had to change my name as none of my bank accounts, letters, bills, documents matches my original name (ps i only deleted a letter!) i had stopped using my original name as i was scared of being caught out.

I also have a business which turns over good income is that good or very bad??

Thanks again

JT

[Siggi]

Fussyyout,
I will try to answer your question as follows:

If you return to your home country -Jamaica ?
Sneek out of the UK and don't tell the BIA , you are already a overstayer and if they pick this up it will be a big issue.

In terms of different names you have usede, well that is illegal and will have serious effect if you are cought out.

Your business is of course a good thing but it won't really help your immigration status.

[jei2]

Well fussyyout,

To my surprise, I'm actually coming round to Siggi's first suggestion. But only because your case is becoming more complicated with each post. I rest my case Siggi...

I'm not trying to come across as the Prophet of Doom, just trying to get you to look at things from an Entry Clearance Officer's perspective (even though some of them appear to be as crazy as loons).

So from what you've told us (so far..):

You've overstayed for 9 years - breach
You've used deception to obtain bank accounts - breach
You're working - breach. In fact you're running your own business - how very dare you?

So I would also advise going back to Jamaica and re-applying as a simple overstayer sans business and bank accounts. Joint bills etc shouldn't matter if you've only changed one letter. Culturally speaking how many Jamaicans have only one name anyway?

Evidence of work offers would be very good. You've not been living together for 2 years so as Siggi says you won't have much chance if you apply from here.

But if you're planning to get married would your girlfriend be able to travel? How does her confinement date/fit to travel condition fit in with the 1st October 2008? If there's no problem, you could return, get married there and apply for entry clearance from Kingston.

As for your intentions fussyout, if there's one thing I've learnt in immigration, it's never stereotype or make assumptions. But you still don't sound like an enamoured lover to me:

I would have no other choice other than live in Jamaica with her as a married couple (it wouldnt be the end of the world, i'll survive even in Iraq...lol)

Now repeat after me fussyyout-- love, love luurrve.....

[Twin]

Fussyyout,
I will try to answer your question as follows:

If you return to your home country -Jamaica ?
Sneek out of the UK and don't tell the BIA , you are already a overstayer and if they pick this up it will be a big issue.
In terms of different names you have usede, well that is illegal and will have serious effect if you are cought out.

Your business is of course a good thing but it won't really help your immigration status.

The above statement which I boldened confuses me. By BIA, Siggi, do you mean immigration at departure or the ECO?

I personally wouldn't advise the OP to lie about anything whatsoever as his case would definitely turn out worse if caught in a lie and with the deception rule in force, he might as well kiss entry clearance bye bye for at least 10 years!

My advise is for the OP to leave before the 1st of October and make an entry clearance application. Even if he gets caught on exit and he is served with an IS151, this shouldn't particularly affect his application and even if it does, he will not be affected by the 1 year ban. He should tell the truth, the whole truth and nothing but the truth.

Siggi, if the OP doesn't declare his overstay, how will he say he met his Fiance and when? There is a baby on the way, right? How did conception take place? In Jamaica? And at what date did he leave the UK if he didn't overstay? Where on his passport would it say that he actually returned before the expiry of his initial visa?

[yankeegirl]

Agree 100% with Twin. The OP is already facing an uphill struggle with the high rate of refusal in Jamaica, and the previous breaches. Why make it even harder by geting caught out in a lie?

The only thing I would add is maybe the OP should seek a consultation from a professional prior to leaving the UK, to make sure the application is as airtight as it can possibly be.

[Siggi]

My dear confussed Twin,

Firstly I never ever advised Fussyout to lie

Twin wrote:

I personally wouldn't advise the OP to lie about anything whatsoever as his case would definitely turn out worse if caught in a lie and with the deception rule in force, he might as well kiss entry clearance bye bye for at least 10 years!

Secondly, how Fussyout gets around the issuse of a overtsyer and fathering a child. I'm sure he can come up with a good story, I know I could but it is not my place to say how!

[Twin]

My dear confussed Twin,

Firstly I never ever advised Fussyout to lie

Twin wrote:

I personally wouldn't advise the OP to lie about anything whatsoever as his case would definitely turn out worse if caught in a lie and with the deception rule in force, he might as well kiss entry clearance bye bye for at least 10 years!

Secondly, how Fussyout gets around the issuse of a overtsyer and fathering a child. I'm sure he can come up with a good story, I know I could but it is not my place to say how!

[jei2]

Ah yes, that was the other thing I meant to add.

As yankeegirl suggests, why not pay for some decent advice before you leave the country? From all you say you're good for it.

And don't for god's sake don't lie. If asked just tell the truth.

As you say it wouldn't be the end of the world if you were forced to live in Jamaica - which I understand is still a bit better than Iraq..

[sally12345]

In a nutshell I have overstayed for 9 years now in April since coming here from the Caribbean. My girlfriend of one year is now pregnant and is keeping the baby. I very much want to be involved with the upbringing of the child and offer my full support as a father and would like to go the extra mile by marrying her.

Now tell me how do I do this? Do I attempt to marry her here or should I first leave the country marry her abroad and then seek to come back along with her on a spouse visa?

Is there a possibility that will simply not take the child into regard and just say hey get out thanks for letting us know?

I would NOT be seeking to recourse to public funds.
I have accomodation sorted with recourse to public funds.

I would appreciate your opinions before I go shell out 100 pounds an hour for a solicitor.

Regards

JT

Wow What a ting!!!! I really dont have much to say other than seek legal advise! No matter how much it will cost its best to get your life sorted and FAST!!!! everybody fe dem self still but trust me life is not pretty in JA but you must have some savings to g down with.... just mek sure you know wha you a deal with! fe dem eco arh hard core seen bless up.... all the best!!