Pregnant? fiancee, overstayer. What to do?

[FASD59]

My fiancee has overstayed 7 years (visitor), I am British born & working, not rich alas .

We are in the process of saving the suggested £3k for the cost of fees to get her settled legally (I spoke briefly to an immigration lawyer last month to see if we had a good case & we do, subject to proving I can support her & pay the legal bill, CASH), I'm even selling many of my prized possessions for this purpose, but that aint gonna cover it! However there is a good chance she is now pregnant, which if so, we're delighted. BUT, petrified asto how to proceed, as she cant use the NHS & we cant go to a lawyer or the UKBA yet as we dont have the money for legal fees/support. I'm guessing if we pop up they'll say "Hello & have a safe flight home miss....." if we try to make any application as of now??

For, if she is pregnant she will need to at least be checked by a Dr which I can't afford to cover privately, even then its gonna flag her up, but with obv no rights to access the NHS... catch 22.

What do you suggest?

[Obie]

She should be able to sign up for GP. Many GP are not worried about a persons immigration status. It is cases like health tourist that they tend to ask a lot of question, especially ones that come to the UK for expensive surgery.

If your income is low, your wife might be able to get funding if her case has merit, which i think is the case.

[vinny]

See also Overseas visitors.

[Casa]

Having you been given a breakdown of the £3,000 fee? This seems high and the request for payment 'in cash' slightly concerning. If you are using a solicitor, are they registered with the Law Society and do they specialise in Immigration law? If you've been quoted by a Immigration advisor, are they OISC registered?

[Greenie]

I agree, £3k is high.

How long have the two of you together?

When do you plan to marry - she may be exempt from NHS charges if you are married - see the link Vinny has provided.

How much do you earn after tax and how much do you have left per week after paying for rent/mortgage and council tax?

What is your fiance's nationality?

[FASD59]

Many thanks for the swift replies .

Where to start....?

Sign of the times, I'm pulling about £1100 net a month, less £600 rent & c tax. It used to be so much more!! Ce la vis.

I spoke to ukvisaandimmigration.co.uk who after talking to us both on the phone (we live about 70 miles apart at the moment) said I need £3k in my account to cover UKBA application fees of about £800-900, thier own fees & to show about £1000 in my own account to prove I could support her living with me. So their fees will be about £1200 I deduced. But he made it clear without the presence of proveable cash it would be pointless begining anything & let them know I've got it, fair point. I worded the cash part badly in my OP I realise now, made it sound dodgy, apologies for that.

We met in Oct 11, in the UK & it is the real thing (I've been there done that with enough British ladies to know ha ha) the solicitors seemed content we are genuine. Maybe the fact we both were scared s*itless on the phone??

We want to live at mine, but I dont want to risk getting into trouble with council tax/landlord under her current illegal circumstance. But if she is pregnant of course I want her here quickly so I can look after her, so confused, exhausted! I'm babbling!

In an ideal world it would be nice to be able (legals sorted & cash in place) to get married in summer, nothing fancy (obviously on my ££ ) but realistically late this year maybe or spring 13. To be honest we've not planned that far coz of the uncertainty of the above & the result. We know what we want for a wedding, just not the "when"!!

She is from the Philippines.

Due to work I have only briefly scanned the NHS link, thanks for that. I hope it gives me some ideas & courage, am desperately concerned to get her checked over, tested for her peace of mind etc more than mine, just want to do everything by the book, above board & my best by her (or them !!) without putting her at risk of being returned, pregnant or not.

I'm most grateful for your kind advice & time

[korp]

You partner can and should use the NHS, even if she herself does not have legal right to "health care" (which is rarely even checked anyway) her and your unborn child have right to health care and no GP can refuse this and no GP would ever "report" her either.

You also need to remember that you could be in trouble with Children Services if you and your partner does not make sure she has her antenatal care arranged. That is viewed extremely seriously.

The first thing you need to do is go get married also, no waiting to summer crap or need to making it fancy.

[FASD59]

You partner can and should use the NHS, even if she herself does not have legal right to "health care" (which is rarely even checked anyway) her and your unborn child have right to health care and no GP can refuse this and no GP would ever "report" her either.

You also need to remember that you could be in trouble with Children Services if you and your partner does not make sure she has her antenatal care arranged. That is viewed extremely seriously.

The first thing you need to do is go get married also, no waiting to summer crap or need to making it fancy.

Thank you. I needed to hear that & appreciate it.
She is coming down on Monday so I will try to arrange something at GP's. Trust me, I would NEVER do ANYTHING to risk the baby or her, hence all my worrying now & her period could well start tommorow, but its late enough for me & I want to know the right way to do the right thing for them incase she is, as like you say ante care etc. I may not have a pot to p*ss in, but my there's nothing I'd not do for her/them.

Can a marriage occour as she is an illegal, expired passport etc?

Cheers again

[Greenie]

yes you can get married even thought she is here illegally but you will need to convince the registrar the marriage is genuine.

Without marriage and in the event that she is not pregnant you may find it difficult to prove your relationship is genuine to UKBA given that you have only been together for less than 6 months, do not live together and she has overstayed for a significant period. You say she 'might' be pregnant - pregnancy tests are pretty accurate these days - so did the test say she is pregnant or not?

I would not trust an immigration advisor who requires you to have money in cash and who do not specify their exact fees. Even if it is £1200 this is still expensive particularly as they are not solicitors but OISC advisors. You also do not need a set amount in your account, particularly if you can show that after rent and council tax you have at least the amount that a couple on income support would recieve (£105.95 per week). The fee for an FLR(M) application is also not '£800-900', it is £550.

Before you start giving your money to someone you have presumably found on google, you may wish to get some quotes elsewhere. Where in the country do you live?

[vinny]

See also Any good law firm recommendation?

[FASD59]

yes you can get married even thought she is here illegally but you will need to convince the registrar the marriage is genuine.

Without marriage and in the event that she is not pregnant you may find it difficult to prove your relationship is genuine to UKBA given that you have only been together for less than 6 months, do not live together and she has overstayed for a significant period. You say she 'might' be pregnant - pregnancy tests are pretty accurate these days - so did the test say she is pregnant or not?

I would not trust an immigration advisor who requires you to have money in cash and who do not specify their exact fees. Even if it is £1200 this is still expensive particularly as they are not solicitors but OISC advisors. You also do not need a set amount in your account, particularly if you can show that after rent and council tax you have at least the amount that a couple on income support would recieve (£105.95 per week). The fee for an FLR(M) application is also not '£800-900', it is £550.

Before you start giving your money to someone you have presumably found on google, you may wish to get some quotes elsewhere. Where in the country do you live?

THANK YOU all again, for such great advice, this is just a quickie b4 I head into work.

Well the news this morning is she definitely isn't pregnant (you know the signs!! )! My posting in search of info was almost a guarantee of that!! Bit sad, but it is a chance for us to plan & sort things without the extra pressure of a little one.

The GOOD news is your post, the quote was too high, and the application is less, phew. Basically all I really need to scrape togtether is the basic fees then? ROUGHLY what would the cost for someone suitable be to guide/manage the case/forms? I live near Brighton, Sussex.
Can manage to be left with at least the £105.95 each week so thats reassuring.
Looking at the local authority site it insists on proof of ID etc for registrars (this is the county in which that vicar got done for hundred's of sham marriages) But marriage is what we both want for sure. If I can ferret away some more money in the next 2 months that will take us to 6 months together (& counting....)

What a great bunch you all are, anymore suggestions ALWAYS appreciated.

Have a good day

I'll get my head into getting local expert quotes, unless the reccommended list throws up any directions

[Greenie]

Try Irving and co in brighton-they are a decent local firm and will also be able to assess you and your partners eligibility for free legal help. Do you know is she is working? On your income you should qualify but is is her seeking the advice and so she would be the one assessed for eligibility. As you are not living together i am not sure whether they would also need to take your income into account.

Regarding the £105.95 per week-that's what you need to show you have after rent and council tax are deducted-which is what you appear to have. Having a small amount in savings will also help you but not essential if you can show you get by on your income.

All registrars ask for proof of ID its not just sussex

[FASD59]

Thanks for that,

A hectic week, but I spoke to Irving & Co without really going into any real detail & we'll be seeing them next week, quoted £80 for that 1 hour assessment of the case, strictly cash again, (Solictors do seem to be out of step with modern methods of payment??). Then if taken on, a £700 flat fee (less the £80) however long it takes them to sort case "4 or 40 hours" plus Home Office fees. Still puts it in that circa £1200 bracket I guess. Would this generally be agreed to be reasonable?
Obviously cost isn't an issue providing she IS entitled to free legal help. Which I'd genuinely not previously thought of, I'm proud & strive to pay my own way in life, so shan't feel guilty in this instance as it would ease allot of pressure & I haven't claimed benefits even when entitled to over the years, so hopefully some Karma there.

I'll keep you informed should you wish. BUT big THANKS for good advice so far all.

[INSIDER]

Sorry to be a kill joy but sounds to me like you could potentially be throwing good money after bad.

What grounds have your solicitors told you your girlfriend has for making an application to stay here? According to you she has no current leave, you have only been in a relationship for four months and she has been working illegally. I doubt very much a cogent case under Article 8-family life-could be made.

The question the home office will ask, after you have spent several thousands on application fees and legal fees, is why can she not return to her country of origin and make an application for the appropriate visa?

My sincere advice to you would be for her to return home and apply from there. There may well be a period when you are not together, if you cant go with her, but your chances of success will be greater.

By all means, if it is really what you want, get married, and then rather than spending and wasting money on a possibly futile attempt to frustrate her removal use the money for her to return home apply for a visa and come back legitimately.

Good luck.

[vinny]

See also Should I stay or should I go?
320(11).

[madona587]

edit.. wrong post

[Greenie]

Mate not trying to scare you, Let me give you a bit of advice from my personal experience..

My wife is an EEA national and I'm on a Work permit in UK. She got pregnant last year and we were called to NHS overseas office where they interrogated us for an hour or so. Even though we both in UK legally they have looked into my wifes birth place which is not being a EEA country. They told us the cost of delivering a baby would be nearly £3500 and you have to pay more for any Scans and treatments during the pregnancy..We had to show so many documents and statements to prove our relationship (marriage certificate etc) and proof of address etc. This could be OK for you given you are a British citizen. Do check out whether she is eligible for treatments cause she has no legal status in UK.

Such a nightmare. So be careful when your wife goes to GP cause as soon as they know she is pregnant she gets updated into the NHS system then you will get the letter from Overseas office asking you to come for an interview to prove your immigration status and other things..

I'm sorry you are in this situation.

Listen to the experts advice above ^ here they know a LOT better than the Solicitors..

the OP confirmed above that his fiance is not pregnant.

[madona587]

Sorry Greenie just deleted my post !!

You quoted lol..

Sorry mate, can you get this cleaned up.. My apologies..

[EMMANZ]

Hi Vinny,Greenie & Insider.
Can i start by giving you all my suituation. I came to the UK 8 years ago on a student Visa which expired in 2008 so i have overstayed here for about 4years now. I have a partner who is british and we also have 2children, we have been together for 6years but not married. I have a solicitor who advised me recently to apply to stay in the UK under zambrano which we did but was rejected because the home office said i am not d sole carer and removing me would not affect the children because they can stay with their mother. My Solicitor said we need to apply under Article 8 now but i havent decided on that yet if i want to go down that road because i heard its a long process which could take up to 5yrs or even more. A friend of mine said to me to return back to my country and get married there and apply from my country. But i am not too sure about going back with my family and making an application from there just incase it might be refused and my children would have to stay there longer missing their school and their mothers family who are all here. I am also scared if i returned to my country and my previous overstayed status affect me. If we are to get married it is genuine one and i have all documents to support any application i make and also i have been with my partner before my student visa even expired. can someone please advice on what to do.

[justice12]

Hi Vinny,Greenie & Insider.
Can i start by giving you all my suituation. I came to the UK 8 years ago on a student Visa which expired in 2008 so i have overstayed here for about 4years now. I have a partner who is british and we also have 2children, we have been together for 6years but not married. I have a solicitor who advised me recently to apply to stay in the UK under zambrano which we did but was rejected because the home office said i am not d sole carer and removing me would not affect the children because they can stay with their mother. My Solicitor said we need to apply under Article 8 now but i havent decided on that yet if i want to go down that road because i heard its a long process which could take up to 5yrs or even more. A friend of mine said to me to return back to my country and get married there and apply from my country. But i am not too sure about going back with my family and making an application from there just incase it might be refused and my children would have to stay there longer missing their school and their mothers family who are all here. I am also scared if i returned to my country and my previous overstayed status affect me. If we are to get married it is genuine one and i have all documents to support any application i make and also i have been with my partner before my student visa even expired. can someone please advice on what to do.

Hi emanz do you know if we can use the FLR (0) application and send it back to them ???