Help!!! An illegal immigrant with a child and a British part

[Beyonce]

Hi all, I am new to this forum and I am so glad I accidentally came across it, as I have read some of the messages and they are quite inspiring.

I have a few questions pertaining to my case and I am honestly hopping someone will be able to advise me as I am totaly confused as to the next course of action.

I came into the UK when I was 13yrs of age (now 25) via the influence of my family members to come and be a mere nanny for my sister (without a pre knowledge of this). I managed to enforce my education on her and completed my secondary school (starting from yr 9), college and now just about to complete my University degree in Jan 07.

It never really occured to me to legalise my stay in the UK (I guess due to the age I came) until I had my daughter 3years ago when I was told even though she is born in the UK, she is not a British Citizen due to the fact that I was not married to the father.

At that point, I seeked the advice of a solicitors who adviced for me to put my application in (looking back now, she only took my money really!).

My baby's father and I at the time the pregnancy occured, where not in good terms so therefore during the birth registration his name was not included in the birth certificate. However about 1.5yrs after her delivery we managed to reconcile our differences and went ahead to include his name in the birth certificate and also started living together.

At this point we started getting anxious about the application to the home office and the same solicitor (who for some strange reasons gave us the confidence that the outcome will be positive) advised for my partner to write a supporting letter stating our intention to get married including his passport to the home office and for us to contact our local MP to expedite the application.

The application was expedited quite alright however the home office refused based on the fact that I have not resided in this country for more than 14yrs illegally - this was april this year.

The solicitor advised for us to appeal - stating that the home office refused to take into consideration the following: fact that I came into this country as a minor; all my siblings are british citizen and reside in this country; and that I do not have anyone to return back home to. We did appeal however, we changed solicitors and the new one suggested the best course of action is for us to drop the appeal, ask for extension for me to remain till after my final exams at University and then go back to my country for us to get married and then apply from there.

The AIT responded as expected - acknowledging the fact that we have dropped the appeal however the home office more or less have ignored all our letters asking for extension, stating that we are going to get married and also the copies of my travel itinerary in anticipation of going back to my country to get married and then apply from there.

But honestly I AM WORRIED that:

1. The new solicitor might not be as efficient as anticipated (which was the case with the first one) thus may not be giving us the best advice.

2. As I have more or less built my life here since I was a child I am worried that the application may be refused and then I will be stucked in a country I am not familiar with.

3. If the application is refused, I am worried that I would not have a relationship with my daughter as already we have applied for her passport but she was refused and they said as soon as we get married she will be granted. So therefore she will be in the UK

My questions so therefore are:

1. Is going back to my county and getting married from there (since we cannot get married here in the UK) the best course of action?

2. Is there a possibility that the application could be refused, if so on what basis?

3. I have started looking into the Irish Law and weighing up the option - is it possible for us to go through this route?

I really apologise for the lengthy email but I am in desperate need of advise!!! PLEASE HELP

[JAJ]

It never really occured to me to legalise my stay in the UK (I guess due to the age I came) until I had my daughter 3years ago when I was told even though she is born in the UK, she is not a British Citizen due to the fact that I was not married to the father.

Your daughter will become British when you get married.

Alternatively you can apply to the Home Office Immigration & Nationality Directorate for her to be registered as a British citizen. It is Home Office policy to normally register a child of an unmarried British father as British if the child would have been British if parents were married, and cannot get citizenship any other way. The cost of this registration is GBP200.

Had your child been born on or after 1 July 2006, they would have looked at the father's status. However, as she was born then, the choice to get her British citizenship is either registration or marriage.

[Beyonce]

Your daughter will become British when you get married.

Alternatively you can apply to the Home Office Immigration & Nationality Directorate for her to be registered as a British citizen. It is Home Office policy to normally register a child of an unmarried British father as British if the child would have been British if parents were married, and cannot get citizenship any other way. The cost of this registration is GBP200.

Had your child been born on or after 1 July 2006, they would have looked at the father's status. However, as she was born then, the choice to get her British citizenship is either registration or marriage.

Thanks JAJ for your advice. I never knew one can do this, will certainly look into that. But how about my partner I really love him dearly and do not wnt a situation whereby we will be seperated. Is there anyway to resolve the issue from here?

[keni]

Beyonce,
I feel you should try to explore the possibility of returning back to your home country, get married and apply for your spouses visa..

Hopefully, it'll be granted if you've got all the necessary documents .

I really hope all works well for you cos I know how frustrating and depressing it can be when one's got any immigration problem.
Stay positive ....

[John]

Beyonce, I agree with the comments here ... if possible return to your country and after marriage apply for a spouse visa there.

Could such an application be refused? That will depend upon the quality of your supporting evidence ..... proving the financial test is met and you will not need to claim certain Public Funds ... and that the accommodation to be occupied is "suitable" and certainly not overcrowded. Your partner ... in a good job? Earning enough to support the whole family? And the accommodation ... overcrowded?

But how about my partner I really love him dearly and do not wnt a situation whereby we will be seperated.

Indeed, but visa processing times vary considerably around the world, and I don't think you have actually said where you are from. Can you tell us where you are from?

Then at least readers of this Board might be able to give you some idea of how UK visas are processed in your country.

[Beyonce]

Thanks John. Well, I am from Nigeria and from the initial research undertaken it seems to take up to 3 months which in my case I am extremely trying to avoid as we have no plans of taking our daughter with us.

In terms of the supporting evidence, we live together renting a 3 bed house just to ourselves - so I believe we should be able to pass that requirement?

The financial aspect is the one we are concerned about as I have a very good job as an IT Freelancer earning a good amount of money whereby my partner is on a lower income however enough to pay our bills. We are not on any public funds and neither our daughter. The question is will they take into consideration the amount of money that I earn or solely base their decision on what he earns?

[keni]

Beyonce,
Just to inform you that my application to the HO was finally decided and granted last week. I wish you all the best with yours..

[Beyonce]

Keni I am very happy for you, congratulations! The wait is finally over!

In regards to mine, honestly I am getting extremely fed up and confused! Going back to my home country is not an easy decision for us to make. At the moment we are considering migrating to Ireland, however we are yet to confirm what the implications might be.

[JAJ]

In regards to mine, honestly I am getting extremely fed up and confused!

With respect, if you are earning "good money" then why not find a good immigration lawyer who specialises in cases like yours?

There is a limit to what you can achieve by asking on an online forum.

Have you decided whether you want to register your daughter as a British citizen now or wait until you get married?

Going back to my home country is not an easy decision for us to make.

It's up to you. But you should get professional advice on the prospects of adjusting your status within the UK compared to going home and applying for a spouse visa there.

At the moment we are considering migrating to Ireland, however we are yet to confirm what the implications might be.

If you're Nigerian then I expect you need an Irish visa or permit first. Bear in mind the Irish are often very slow to deal with applications (read the Ireland immigration forum). Also, if you move to Ireland you can forget about becoming a British citizen and it will take many years (at least 5 years, probably more like 7-8 ) before you would be able to get Irish citizenship.

[Beyonce]

Jaj,

Regarding your post we have decided to get married here in an anglican church and so therefore apply for our daughter's citizenship through our marriage.

In terms of returning home, we have also decided against this as the research conducted in terms of granting nigerian citizens have not been favourable so therefore as suggested in this forum, we would like to put in another application (what we do not know) and fight it from here.

Any suggestions of a good, exceptional immigration lawyer?

[JAJ]

Jaj,

Regarding your post we have decided to get married here in an anglican church and so therefore apply for our daughter's citizenship through our marriage.

Once you are married your daughter automatically becomes a British citizen. There is no need to apply to the Home Office in this case => just apply for her to have a British passport.

In terms of returning home, we have also decided against this as the research conducted in terms of granting nigerian citizens have not been favourable so therefore as suggested in this forum, we would like to put in another application (what we do not know) and fight it from here.

Any suggestions of a good, exceptional immigration lawyer?

Unfortunately I don't have experience of dealing with UK immigration lawyers so cannot give a recommendation.

[Beyonce]

ok thanks for your response

[jason07]

I also have an immigration issue but already found a solicitor to use via OISC.org website. Its best checking the type of law they are registered with & the skill level.

One suggestion though on another immigration forum is a solicitor called Victoria Sharkey, works for ************.
She gets a lot of praise, seems to be a devout christian & should be able to advice you for free before representation .
you can email her at ****************@*************

{Moderator edit : This Board has a strict no advertising policy, and whilst Victoria's details are openly displayed on the other forum you mention, they cannot be allowed to be posted here. Accordingly some detail above has been edited.]

[VictoriaS]

Or just google me!

Victoria