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Over syayer and Baby

General UK immigration & work permits; don't post job search or family related topics!

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m000n
Member
Posts: 148
Joined: Thu Apr 19, 2007 1:55 am
Location: United kingdom

Over syayer and Baby

Post by m000n » Mon Jun 25, 2007 2:04 am

Hi
I am living in Uk since last 6 year ,I am over stayer.I am living with my partner and she is british national.Now we have baby and baby born in uk.i just want to ask what is my baby status and if baby is british then because of baby is it any affect on my status?can i get any legal status in uk because of my baby and partner?Or i nead to go back and apply from my home country?
Many Regards

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Over syayer and Baby

Post by JAJ » Mon Jun 25, 2007 3:51 am

m000n wrote:Hi
I am living in Uk since last 6 year ,I am over stayer.I am living with my partner and she is british national.Now we have baby and baby born in uk.i just want to ask what is my baby status and if baby is british then because of baby is it any affect on my status?can i get any legal status in uk because of my baby and partner?Or i nead to go back and apply from my home country?
Many Regards
Baby is British if your partner is a British citizen. However you may still need to go back to your home country to apply for a visa.

m000n
Member
Posts: 148
Joined: Thu Apr 19, 2007 1:55 am
Location: United kingdom

Post by m000n » Mon Jun 25, 2007 1:08 pm

Thanks very much

OL7MAX
Member of Standing
Posts: 466
Joined: Mon Feb 27, 2006 6:22 pm

Post by OL7MAX » Mon Jun 25, 2007 1:34 pm

You do need to return to your home country to get a visa.

Just because your child is British it does not mean you are entitled to stay and you could be turned down when you go back and apply.

Are you married to your partner? If you are it may make it easier to get the visa from your home country but it is still not guaranteed.

m000n
Member
Posts: 148
Joined: Thu Apr 19, 2007 1:55 am
Location: United kingdom

Post by m000n » Tue Jun 26, 2007 1:29 pm

we are married just islamic not regesterd in england.
if i apply from my home country do thay can refuse me for this reason that i was over stayer even i have baby and wife here in england and they nead me because my wife can not handle evevry thing alone evevn she is only working part time?
Regards

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Tue Jun 26, 2007 3:38 pm

m000n wrote:we are married just islamic not regesterd in england.
if i apply from my home country do thay can refuse me for this reason that i was over stayer even i have baby and wife here in england and they nead me because my wife can not handle evevry thing alone evevn she is only working part time?
Regards
They can't refuse you because you overstayed, no. The UK doesn't bar people from ever coming back to the UK simply because they overstayed. But you can be refused if you committed a crime or something.

You will need to show proof of your marriage, be self-suffieicnt....Do a search on this board for spouse visa application. To be honest there are so many replies (and very good ones) that there's almost no point in re-writing it here.

OL7MAX
Member of Standing
Posts: 466
Joined: Mon Feb 27, 2006 6:22 pm

Post by OL7MAX » Tue Jun 26, 2007 4:07 pm

To m00n:

A lawyer was sentenced to jail yesterday for not paying the Child Support Agency the demanded sum for the upkeep of his two kids. His argument was that he shared all the expenses with his ex-wife and the kids spent 50% of their time with him. He was not an absentee father and took a very active part in the kids' lives. The ex-wife did not dispute this and made a request that he not be jailed particularly as she would have to care 100% for the kids and shoulder the extra financial burden as well. Guess what? The CSA won and he was still jailed.

Common sense doesn't come into this. Your wife's ability to care for herself, work full time, claim benefits etc is immaterial. The only thing that matters is the legal position. Very raw. Very cut and dried. My advice: Put aside your ideas of an emotional appeal and approach this based on the position in law.

m000n
Member
Posts: 148
Joined: Thu Apr 19, 2007 1:55 am
Location: United kingdom

Post by m000n » Wed Jun 27, 2007 1:55 am

Thanks 0L7MAX and all memebers i understand now
Many Thanks

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