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Partner overstayer with baby

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

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

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harry88
Newly Registered
Posts: 5
Joined: Fri Aug 29, 2014 12:15 pm

Partner overstayer with baby

Post by harry88 » Fri Aug 29, 2014 1:26 pm

Gurus,

Hi I am british citizen acquired in 2011, met my partner(overstay 12years) in 2010.
We have been together since then but our document evidence is patchy. We have a 2year old baby.
We have finally found a good home to rent longterm, no more moving..hopefully.
My biggest worry is will my partner be deported/removed from UK if found out? How limited are her rights, if any?
I am working just under £18600p/a.

Please advise, thankyou
harry

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Partner overstayer with baby

Post by Obie » Fri Aug 29, 2014 1:43 pm

Well if you are unable to find evidence of 2 years cohabitation, then your wife will have to go as the sole carer of your child,

as she cannot qualify under the rules involving children, if you are a partner.

She will qualify under the parent provision, only if you are not a partner.

If you are not, then she will be able to live here as the mother of your child.
Smooth seas do not make skilful sailors

harry88
Newly Registered
Posts: 5
Joined: Fri Aug 29, 2014 12:15 pm

Re: Partner overstayer with baby

Post by harry88 » Fri Aug 29, 2014 2:53 pm

Thank you for reply just as I feared.
I am her partner we wish to remain as family.
A solicitor advised 'zambrano' which we don't want.
What cohabitation evidence?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Partner overstayer with baby

Post by Obie » Fri Aug 29, 2014 4:31 pm

Evidence that you have lived together as a couple for 2 years or more, like tenancy agreement , or better still you could get married.
Smooth seas do not make skilful sailors

harry88
Newly Registered
Posts: 5
Joined: Fri Aug 29, 2014 12:15 pm

Re: Partner overstayer with baby

Post by harry88 » Sat Aug 30, 2014 10:17 am

hi thank you obie for your replies,
won't the registrar report my partner she had
no ID, expired pp

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Partner overstayer with baby

Post by Obie » Sat Aug 30, 2014 7:09 pm

provided she has ID and you are in a Genuine relationship, which i believe is the case, she will be fine.
Smooth seas do not make skilful sailors

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