ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Mother of UK born child - overstay case

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
sanson
Newly Registered
Posts: 6
Joined: Wed Jan 04, 2012 5:21 pm

Mother of UK born child - overstay case

Post by sanson » Tue Feb 21, 2012 11:42 am

My friend's case is a bit tricky. Please, if anyone has gone through a similar situation ANY advice would be highly appreciated:

FACTS:
He is British, she is Argentinian. They got married in her home country in 2009, she applied for a UK spouse visa from her home country, got the visa - valid for 2 years, and came to live to the UK. In 2010 they had a baby (born in the UK). In 2011 her visa expired and she didn't do anything about that, she has overstayed in the UK unil now, 2012 (1 year of overstay)

SITUATION NOW:
She now wants to apply for UK citizenship: she took the test, passed, went to the appointment with all the requirements and only THEN was she told by the Home Office that she cannot apply from the UK because she is current living illegally in the UK, that she has to do that from her home country.

Then, based on the fact that she is a mother of UK born child and spouse of British man, she was advised (by the Home Office as well) to appeal against that decision because if she now leaves the UK she could be banned from entering again for 10 years.

QUESTIONS:
1- Is it possible to appeal?
2- How feasible is for her to win the appeal from the UK and get the UK citizenship? How long would this process take?
3- Is it true that because she is a mother of a UK born baby (and still married) she cannot be deported?
4- Is there any other way out of this situation for her?

Thank you in advace for your answers and further comments, she is really having a hard time.

vinny
Moderator
Posts: 33221
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Feb 21, 2012 12:27 pm

She cannot apply for citizenship. However, she may be able to apply by post for ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

bob-russell
Member
Posts: 109
Joined: Thu Feb 09, 2012 1:22 pm

Post by bob-russell » Tue Feb 21, 2012 3:08 pm

Worst case scenario, I suspect, would be that she is granted Discretionary Leave To Remain.

Not as 'good' as ILR but it is unlikely that any husband or wife of a British Citizen would be made to leave the country!

A British citizen child added to the equation makes it even less likely! The human rights lawyers would have a field day!

Locked