British "girl" and baby with illegal immigrant

[VT]

I am a British citizen, 18 years of age, white and have lived with my parents my whole life. However, i met somebody during September of last year, he is 21 years of age, from Nigeria and illegal in the UK.
The reason behind this is...
He entered the UK when he was 11 with his mother who applied for a visitors visa. She then overstayed this visa by a couple of years. When she was finally found and sent to be deported my boyfriend was 18 and has remained in the UK illegally on his own since then. He has never worked and has just stayed with people who he knows for various amounts of time.
Before we met, his case was viewed and it was decided that when his mothers case was put before the judge... My boyfriend was old enough (at 13 years of age) to know he was illegal and to make his own decision of going back to his country. Then when he was 18 his mother was found and deported.

However, i fell pregnant. & i am due to give birth in January but i have no idea where to go from here. I have spoken to solicitor who was advised us to apply for a civil partnership which we have done but i don't know what will happen next. I'm aware that this could take years and really the only option he has is to go back to his country and re-apply to come back to the UK but i'm scared they won't allow him to.

I just really need some advice because nobody understands and the people who i know, my family and friends just have no idea how serious this is so they tell me that "everything's going to be alright". When i know it's not.

I realise that people are going to think "what a silly little girl" but i haven't come on here to hear that so i'd appreciate it if you'd keep those opinions to yourself. Anybody who thinks they can advise me or tell me something i need to hear, then i'd be very grateful.

[Obie]

As things stands, your boyfriend will not be able to secure residency through you as you are under 21. If he left the UK, he will not be able to reunite with you by virtue of your relationship/partnership, until you are 21 years of age.

The way i see things is this; he has 2 options, the first is go to Nigeria and apply under rule 248, for access to a UK resident child. You will need to swear an affidavit, agreeing to him visiting the child. Through this route, he will need to show he has adequate resource such as accommodation and Maintenance, to make him independent of public fund.
He will be issued with a one year leave to enter, after which, he can be granted ILR, if he continues to abide by the conditions.

Your other option might be moving to another EU member state for a while and excerise a treaty right in an economic capacity, under community law there. Through this route, you will be able to return with him in less than a year, and would be able to gain residency, if you meet the conditions.

I wish you guys all the best.

[VT]

As things stands, your boyfriend will not be able to secure residency through you as you are under 21. If he left the UK, he will not be able to reunite with you by virtue of your relationship/partnership, until you are 21 years of age.

The way i see things is this; he has 2 options, the first is go to Nigeria and apply under rule 248, for access to a UK resident child. You will need to swear an affidavit, agreeing to him visiting the child. Through this route, he will need to show he has adequate resource such as accommodation and Maintenance, to make him independent of public fund.
He will be issued with a one year leave to enter, after which, he can be granted ILR, if he continues to abide by the conditions.

Your other option might be moving to another EU member state for a while and excerise a treaty right in an economic capacity, under community law there. Through this route, you will be able to return with him in less than a year, and would be able to gain residency, if you meet the conditions.

I wish you guys all the best.

Thank you for your reply. Where you've said that he must be able to show that he has adequate resources such as accommodation and maintenance..making him independant of public funds, does this mean that he cannot work & that he must prove that he can live somewhere and with someone who is able to provide for him?

Could you explain the other option that you have mentioned in a bit more detail.

Thank you again, i really appreciate your advice.

[Obie]

There is an immediate right to employment with that leave. However, he needs to demonstrate to the entry clearance officer that until such a time when he secure an employment, he will not be a burden to the state.

The Second option involves travelling to, for example Ireland, and work or set up a business there for a while. If you choose to stay there with him, excellent.

However, if things don't work out, you are allowed to return with him to the UK, and his residency could be processed under EU law, which is less restrictive and not subject to UK rules. Just a food for thought. It is quite a huge step though, which depends on your commitment to each other

[VT]

There is an immediate right to employment with that leave. However, he needs to demonstrate to the entry clearance officer that until such a time when he secure an employment, he will not be a burden to the state.

The Second option involves travelling to, for example Ireland, and work or set up a business there for a while. If you choose to stay there with him, excellent.

However, if things don't work out, you are allowed to return with him to the UK, and his residency could be processed under EU law, which is less restrictive and not subject to UK rules. Just a food for thought. It is quite a huge step though, which depends on your commitment to each other

There is no doubting our committment to each other and i we are prepared to do what ever it takes. It just concerns us that if he goes back to Nigeria, he won't be allowed back or it will take years.

If he does choose to go back to Nigeria, how would he go about it? Because his mother (stupidly) sent his passport to the home office when they were going through the process of her being deported etc. and it hasn't been sent back. I don't even know whether they'd still have it. & approximately how long would it take for him to come back to the UK?

Another thing concerning his passport, he wouldn't be able to travel to Ireland without it, would he.

[Fairtrade]

you can go and live with him in Nigeria?

[kelster]

Not very helpful advice Fairtrade !!!

[meats]

Not very helpful advice Fairtrade !!!

It's a question that an ECO might ask should any future visa get rejected and the OP decides to try the farce that is human rights.

[Wanderer]

Not very helpful advice Fairtrade !!! :roll:

It's a question that an ECO might ask should any future visa get rejected and the OP decides to try the farce that is human rights.

Oddly enough when I had a bit of a go about Lagos being a bit dnagerous I got piled on by Nigerians telling me how good it is and how Nigeria is booming. Maybe the OP will find it nice there then?

[meats]

Not very helpful advice Fairtrade !!!

It's a question that an ECO might ask should any future visa get rejected and the OP decides to try the farce that is human rights.

Oddly enough when I had a bit of a go about Lagos being a bit dnagerous I got piled on by Nigerians telling me how good it is and how Nigeria is booming. Maybe the OP will find it nice there then?

Sounds like it's in a better state than this country is then, plus i don't think their government deliberately had uncontrolled immigration just to rub it into the opposition's noses.

[Obie]

Am i missing something here. What exactly is wrong, if a British woman whose rights are protected by law, wants to have her spouse, who has spend the most part of his childhood in the UK, resident with her in the UK.

Why should the mum and child not be allowed to have a family life in the UK is she so choose. This woman's right is protected in Article 8.

I will just try and restrain myself by not saying anything that could inflame this situation.

Again, i think it is best if people said nothing, if they lack the ability to say anything productive or edifying.

OP, in regards to our conversation, i would suggest he either request his passport from the UKBA, which is his rights, or request another one issued for him by the Nigerian High Commission. He going to need one anyway, as it appears the old passports are being phased out to accommodate the new biometric ones.

[meats]

Why should the mum and child not be allowed to have a family life in the UK is she so choose. This woman's right is protected in Article 8.

And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.

[Obie]

Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.

The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.

Thats is why we have courts, rules and judges.

People need to read and understand the functions of the Judiciary, Legislature and Executive.

[meats]

Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.

The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.

Thats is why we have courts, rules and judges.

People need to read and understand the functions of the Judiciary, Legislature and Executive.

And people need to realise that despite what Labour wanted the UK to become with their non-existent immigration rules, there is nothing to stop UK nationals living in the home country of their spouse.

[asp]

While it is all well and good to suggest that the HO should respect the mother's choice of where to raise her child, the Strasbourg Court is rather more robust on this type of situation than many people imagine.

A person who establishes a family life with someone who is present illegally, and who knows that their partner is illegal, will generally not then be allowed to use that fact to run an Article 8 claim. The principle is that while you have the right to make choices the host state does not have to honour your choices. It used to be described in terms of not having a legitimate expectation of respect for family life where you had entered into a relationship where the status of a partner was known to be precarious.

Even if the Brit partner didn't know that her b/f was illegal until very recently (and it sounds like she has known for a long time), HE certainly did and so he would be likely to have little chance of running an A8 either.

Much more likely to be able to succeed under the access or Surinder Singh routes.

[VT]

Am i missing something here. What exactly is wrong, if a British woman whose rights are protected by law, wants to have her spouse, who has spend the most part of his childhood in the UK, resident with her in the UK.

Why should the mum and child not be allowed to have a family life in the UK is she so choose. This woman's right is protected in Article 8.

I will just try and restrain myself by not saying anything that could inflame this situation.

Again, i think it is best if people said nothing, if they lack the ability to say anything productive or edifying.

OP, in regards to our conversation, i would suggest he either request his passport from the UKBA, which is his rights, or request another one issued for him by the Nigerian High Commission. He going to need one anyway, as it appears the old passports are being phased out to accommodate the new biometric ones.

Is he able to request another one from the Nigerian High Commission regardless that he is an overstayer in the UK with absolutely no status what so ever?

[prettypolitical]

Advise your partner to go to the Nigerian Embassy, they can prepare him a travel document so he can get to Nigeria.

SIMPLE

[SBT_Owner]

Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.

The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.

Thats is why we have courts, rules and judges.

People need to read and understand the functions of the Judiciary, Legislature and Executive.

And people need to realise that despite what Labour wanted the UK to become with their non-existent immigration rules, there is nothing to stop UK nationals living in the home country of their spouse.

The person that started this thread now has 1 up in the benefits section .... shock shock horror !!! .

The UK tax payer will be paying for the child and to support both parents .

[VT]

Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.

The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.

Thats is why we have courts, rules and judges.

People need to read and understand the functions of the Judiciary, Legislature and Executive.

And people need to realise that despite what Labour wanted the UK to become with their non-existent immigration rules, there is nothing to stop UK nationals living in the home country of their spouse.

The person that started this thread now has 1 up in the benefits section .... shock shock horror !!! .

The UK tax payer will be paying for the child and to support both parents .

What the hell is your problem? Did you deliberately find this post again, just so you could say that?
In both of my posts you have offended me and blatently tried to get other people to as well. I came on here because it is the only place i can seek decent advice. Yes i appreciate that i'm in a VERY difficult position and people must think i'm very silly for getting myself into this situation but what you need to understand is that i DON'T need YOU to tell me that.
I have made it clear in my other post that i will be working PART TIME while i can until i begin to work FULL TIME. My benefits will NOT be spent on my partner, they will be used to support my child.

I can see that you have a major issue surrounding people who claim benefits because you being a UK tax payer; will be paying for the child/children. I can see your point. & before i got myself into this mess i would raise the same issues and get very angry about it as my parents have always worked hard, and it hacks me off to see that there are so many people in the UK who just sit back all day, everyday.. Taking, taking & taking.
But again, i am going to make it very clear that i am NOT "happy" that i have to claim benefits, i don't feel GOOD in doing so and i don't WANT to be stereotyped as a typical mother who sits on her back side all day claiming benefits.. & to top it off, i have an illegal immigrant as a partner! But it seems i am not going to be able to stop you from feeling the need to bring me down.. So go ahead.

[SBT_Owner]

Take care .

[Richard66]

And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.

Just a comment:

I certainly would not want to find out the HO welcoming my living in Russia with my Russian wife, claiming we could lead a happy family life there, notwithstanding the fact we have no home there, no jobs and, most important, I cannot speak the language.

[VT]

And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.

Just a comment:

I certainly would not want to find out the HO welcoming my living in Russia with my Russian wife, claiming we could lead a happy family life there, notwithstanding the fact we have no home there, no jobs and, most important, I cannot speak the language.

Something that has been bothering me for some time now. I'm going to be very scared if i get told to go to Nigeria with my partner and child..

[Wanderer]

And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.

Just a comment:

I certainly would not want to find out the HO welcoming my living in Russia with my Russian wife, claiming we could lead a happy family life there, notwithstanding the fact we have no home there, no jobs and, most important, I cannot speak the language.

This is interesting to me cos I have a Russian partner, not wife...

My take is a bit argumentative, I feel u should not get seriously involved with any one unless understand their language and culture, sorry, I can speak ok Russian and I know when she is speaking it she is not same person, her knowledge of English is a veneer, the real person is underneath. Same in other languages.

So I believe u cannot really know the person until u can converse with them in their language.

Just my view, ready for a flaming.

I would live in Russia, in fact we planned it as an escape plan, I have transferable skills but my Russian isn't up to it for now, but I know and was offered English Teaching jobs so that excuse is a bit weak - native speakers overrule anything, Russia is still UK English!

[Richard66]

Indeed, Wanderer, I meant my Russian is not enough to pack up and live there. I certainly can understand it fairly well and when my wife is speaking to her mother I have a shrewd idea what they are talking about!

As for teaching English; have you actually ever done it? You are in contact with a CELTA qualified teacher, but even that did not transform me into a glorious teacher and I cannot say my memories are all that happy. I always remember the questions: "for how long are you staying here?" and "Do you go back to England in summer?" If you say you are staying you might find out they are not hiring you and they go for the backpacker who is standing behind you who will be staying until late May.

Where my wife hails from... I do not think there is even a language school in the whole province. The old ladies who kept telling me, "Put a hat on that child! It is cold!" were not doing it in broken English!

[ElenaW]

Wanderer, just an off topic question, How did you learn Russian? Was it through your partner or did you take courses? I was actually born in Russia but only lived there for five years until I moved to the states so my Russian is pretty bad at this point and I can't read or write in it which is quite embarassing(but understandable because it's so difficult).