overstayer parent with British child applying for parent visa 10 year route

[Saimon44]

hi everyone I have been living in UK for 7 years but my visa run out 6 years ago so that’s make me an overstayer. me and my girlfriend we are expecting a baby soon,we know each other for nearly 2 years but we haven't lived together and she is British citizen do I have any chances to be living legally after the baby is born? or what do i need to apply for? And is better to apply now or after baby is born ?any suggestions or anyone had this kind of problem before might help will be great thanks

[geoeng]

There are options available as described in the guidance document linked below, particularly with regards to any exceptional circumstances that may be applicable to your specific case.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

[Saimon44]

Thanks really appreciated

[seagul]

If you want an economical, expeditious
& a depressant option then go back home and marry her there to apply spouse visa. Also keep an mind that having a British girlfriend & child doesn't automatically confer or guarantee for any right.

[Manugmedia]

If you want an economical, expeditious
& a depressant option then go back home and marry her there to apply spouse visa. Also keep an mind that having a British girlfriend & child doesn't automatically confer or guarantee for any right.

This is the advice i would take if i was you. Just a few months apart and you will legalise your stay. Note overstaying is not a ground for spouse visa refusal. Instead of all the headache just fly back home and marry her as advised.

[Saimon44]

Thanks for the suggestion guys.but if I go back home they might give me a 5 year ban or if i don't get any ban and I go back they still can refuse the visa because I broken the rules last time, so is going to be the same situation from here I think.

[Saimon44]

Hi manugmedia are you sure that overstaying is not ground for refuse visa because I read a few other posts and they been refused,do you know anything concrete that I can read and make sure is right thanks for helping

[Manugmedia]

Hi manugmedia are you sure that overstaying is not ground for refuse visa because I read a few other posts and they been refused,do you know anything concrete that I can read and make sure is right thanks for helping

Overstaying itself is not a ground for refusal of spouse visa but Working while illegal or receiving public funds while illegal is deemed as frustrating the immigration system.
Also my understanding is if you were married you stand a better chance since it against human rights to refuse you to join your family. but you cant marry her in UK since HO will be notified and you could be removed which will complicate the whole situation.

[AmazonianX]

Hi manugmedia are you sure that overstaying is not ground for refuse visa because I read a few other posts and they been refused,do you know anything concrete that I can read and make sure is right thanks for helping

If you have not worked illegally on record, used NHS without paying or recourse to public funds etc, the easiest way for you to have a family life and nurture that baby as required is to plan it out now(check that wife meets requirements to sponsor you etc), go to your hoe country, marry spouse and apply initial spouse visa and get entry clearance.

[bathanza]

If you were to go abroad you CAN be faced with section 302(11) refusal. https://www.gov.uk/guidance/immigration ... or-refusal

There is no guarantee for ANY visa application in your circumstances and even with a baby, you would face refusal if you had no other strong reason as to WHY you cannot apply for a visa using the correct method.

By leaving you can get married in your home country, get the English test, hopefully you meet requirements and then come back 4 to 6 months later on 5 year route.

OR apply as a partner (you still need marriage) and get to 10 year route.

The consequence of not leaving is an expensive and long long battle.

If you cannot leave due to Coronavirus restrictions look at how you can fulfil requirements in meantime.

[Manugmedia]

If you were to go abroad you CAN be faced with section 302(11) refusal. https://www.gov.uk/guidance/immigration ... or-refusal

There is no guarantee for ANY visa application in your circumstances and even with a baby, you would face refusal if you had no other strong reason as to WHY you cannot apply for a visa using the correct method.

By leaving you can get married in your home country, get the English test, hopefully you meet requirements and then come back 4 to 6 months later on 5 year route.

OR apply as a partner (you still need marriage) and get to 10 year route.

The consequence of not leaving is an expensive and long long battle.

If you cannot leave due to Coronavirus restrictions look at how you can fulfil requirements in meantime.

Bathanza you mean section 320(11)
True
"A320. Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH."
I think OP should leave at his own cost and follow the legal way.

[Saimon44]

If I go back do my girlfriend need to meet any requirement such as 18600 earnings a year because she can't as she works only part time because she looks after her mother.do you think this will be a problem for me?thanks again

[seagul]

If I go back do my girlfriend need to meet any requirement such as 18600 earnings a year because she can't as she works only part time because she looks after her mother.do you think this will be a problem for me?thanks again

See all requirements

https://www.gov.uk/uk-family-visa/partner-spouse

[scotalb7]

In this situation could they refuse you on the basis they simply suspected you had worked since you have been here so long, but they don’t actually have any proof of this? Or would they only be able to refuse under 320(11) if you had actually been caught working?

[Saimon44]

Can I apply from UK if my girlfriend can't move abroad with me as she has strong reason for that and will be easier for me to apply for a parent visa because as Im reading will be less requirements for me .

[seagul]

because as Im reading will be less requirements for me .

Not really rather mammoth obstacles you will have to go through with no guarantee of success.

[Saimon44]

If is anyone has or had the same case as me will be very helpful if they give me any suggestions thanks again

[Manugmedia]

If is anyone has or had the same case as me will be very helpful if they give me any suggestions thanks again

I think you have had the best advise and nobody would be willing to discuss their case on a public board. Remember citizenship is a privilege not a right. It has to be earned by doing the right thing's. The system has its own rules and you have to play by the rules of the system.
Look at bathanza's advice and look at her signature. She very well has been there.

[bathanza]

Thanks for the shout out. And yes. Through very bad solicitor advice we SHOULD have taken the abroad FLR M route as it would have been cheaper and only separated for a few months. However.. I meet the minimal income requirements.

It was just unfortunate that I was genuinely in a situation where our case would have breached human rights as the key is WHAT rights would be infringed IF a refusal was rendered. Home Office expects you to go home and re apply legally. If you girlfriend have any underlying issues, mental or physical this does count too.

Now with the guidance of current COVID it does state IF you can meet requirements as provided in links before you can apply in country.

I know someone who has dragged their case on for 6 years re applying when possible. Detained twice.. now with a pregnant wife. His chances are better as they are legally married, have the income etc.

Its a painful long and twisted road. I for one am mentally shattered from all the applications. It simply stays with you.

If you feel strong enough to have the fight here, make sure you have at least 7 or 8 thousand pounds to put towards applications to get to approval.

Do post when you can as we are all here for advice. My own personal story is in depth one this board so just search for my topics.. wish you well.

[Saimon44]

Thanks again bathanza everything was very helpful I wish you well.

[Saimon44]

Hi everyone short story i came here in family visa 2012 but I overstayed so I'm still here.just had a child and I want to apply as parent visa because me my British girlfriend we are not together anymore, still friends and have a good relationship.just got the birth certificate as well.i know how to apply for and what steps to follow I just want an opinion from anyone that has or had the similar situation as me how HO see this cases and what are the chances ? Thanks

[Djsuccess]

Hi everyone short story i came here in family visa 2012 but I overstayed so I'm still here.just had a child and I want to apply as parent visa because me my British girlfriend we are not together anymore, still friends and have a good relationship.just got the birth certificate as well.i know how to apply for and what steps to follow I just want an opinion from anyone that has or had the similar situation as me how HO see this cases and what are the chances ? Thanks

Congratulations on the arrival of your baby. Was your original family visa based on your relationship with your ex-girlfriend or another family relationship? There is no straight answer to your case. While having a child could boost your chance, I think your case has been weakened by the fact that you are not legally married to your ex-girlfriend and you are no longer together. You don't have a subsisting spousal relationship with your ex and might find it hard to prove a subsisting parental relationship with the child. I am aware of a case where an overstayed spouse (married) was granted LTR under paragraph D-LTRP1.2 where EX.1 was applicable.
EX.1. This paragraph applies if
1. (a)
1. (i) the applicant has a genuine and subsisting parental relationship with a child who-
1. (aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
2. (bb) is in the UK;
3. (cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and
2. (ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with refugee leave, or humanitarian protection, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK.


Are you still living with your ex? how have you been maintaining yourself since overstaying? how often do you see your baby? Can you prove a subsisting parental relationship? Do you think it is in the interest of the child that you are allowed to remain in the UK? While it is possible to get an LTR under family life in Appendix FM, it might not be an easy road and it could be a long road.

[AmazonianX]

Hi everyone short story i came here in family visa 2012 but I overstayed so I'm still here.just had a child and I want to apply as parent visa because me my British girlfriend we are not together anymore, still friends and have a good relationship.just got the birth certificate as well.i know how to apply for and what steps to follow I just want an opinion from anyone that has or had the similar situation as me how HO see this cases and what are the chances ? Thanks

Congratulations on the birth of your baby.
While you may proceed and get what you seek there is no guarantee. Check Bathanza posts and experience from before.
Getting ably advised by MODS and people who.were in same or similar situation can help.
Wishing you success while you should prepare mind to scale hurdles.