Illegal Entrants

[wariya]

If someone enters the UK four years ago on dodgy papers and eventually has a child with a person who is settled in the UK, does anyone know how or if they are able to regularise their stay in the UK on account of that child?

[mochyn]

Did you enter the UK under your real name and does your real name appear on the child's birth certificate?
Also what kind of visa were you given on entry?

[wariya]

Yes my real name is used on the Child's birth certificate. I did not enter the UK with a visa. I did so clandestinely

[HRY2005]

If you can obtain a contact order(if you and your child other parent have a good relationship, you might get an affidavit from the other parent), and you can meet the rules as well.

You can return to your home country and apply for ACCESS RIGHT TO A CHILD RESIDENT IN THE UK. You past immigration history would not be a problem(hope you haven't got a criminal record). Alternatively, you can submit a DL application based on your article 8 rights but bear in mind that it's a very long route to regularisation.

Seek expert advice from a very good immigration solicitor and you can as well get more information on the UKBA website.

Good luck.

[wariya]

Thanks for your insight,peeps

[Tahir Bashir]

Apart from child acess visa, there is spouse visa for married couple but I note you are not maried to your settled partner. There is another category which is 2 years' cohabitation akin to marriage, you may fulfill it but the problem is the UKBA will ask you to leave the UK and get entry clearance from your country.

If leaving UK is not an option then DL is there to apply under. However, if you want to go ahead with DLR, make sure your case is prepared properly as this application will alert the UKBA about your immigration staus (which is none) and you whereabout.