need advice on partner's stay.

[lynchill]

Hi, My partner (girl friend) was in the UK visiting an uncle in december '14 on a six months visa, and I got her pregnant in January. She went back to her home country in march, and is back again this month (May). I have decided she gives birth here in october. I am a british citizen, with a stable accommodation, and earning around £35,000 a year. I want her to stay after birth (as the child will be a british citizen, and I will be ready to house them and provide all their needs). Please advice how I can go about securing her permanent residency. Thanks

[vinny]

If she's already in the UK, Marry, return to her home country and make an application to join you.

[Obie]

Are you planning on marrying your partner in the short time? If you are not, then she will encounter lots of difficulties in getting residency, given that you are not married or have been in a relationship that has lasted for 2 years or more.

[Casa]

Also bear in mind that as a visitor she will not be entitled to NHS facilities including the cost of childbirth. You will be looking at NHS hospital charges of over £2,000 for the birth of the baby alone.

[Petaltop]

It's difficult to marry in the UK with the new marraige rules that started in March, especially on a visitor visa and time is against her with her pregnancy and plane travel. As Casa said, she will need to pay for all her NHS pregnancy care and the birth too as she is not allowed to use the NHS for free.

It might be quicker to marry in her country then apply for a spouse visa.

[Casa]

Or apply for a fiance visa to enable her to enter, marry within 6 months and then apply from within the UK to switch to spouse on a 2.5 year FLR(M) visa. That's assuming you decide that marriage is what you both want.

[lynchill]

Hi, I have been advise that after the child is born, he will get a british citizenship based on my status as a british citizen. My partner can apply for an extension on her visa ( human rights) based on her child's status. Is this right?

[Wanderer]

Hi, I have been advise that after the child is born, he will get a british citizenship based on my status as a british citizen. My partner can apply for an extension on her visa ( human rights) based on her child's status. Is this right?

No, it's not unreasonable for her to return home with the child and apply formally. PR (ILR) is five years away anyway you don't want to delay that further with ill-considered applications outside the rules.

Do it right and there will be no issues. Do it wrong and you'll be fighting all along the way.

[Casa]

Applying to stay outside of the Immigration Rules under 'human rights' is a very lengthy and uncertain route to take. During the time she's waiting for a decision, she will be unable to work legally or have access to NHS facilities. Especially tricky as the Government are intending to hear appeals in the applicants home country, not in the UK. When does her visitor visa expire?

[WR1]

I am going to agree with what the posters so far have advised.

You do not want to go down a bumpy road trying to flout the immigration rules. Its going to be years to headaches, stress, huge costs, solicitor fees, waste of time etc... to achieve the goal you have set.

Go down the correct route. Get married, have your spouse apply for her home country, she comes to the UK under the spouse visa route, completes the 5 year probationary period, apply for ILR. During this time, she will have right to work, access to NHS etc.. as opposed to the other route.

You already meet most of the requirements of a spouse visa route, accommodation, financial requirements etc..

[Obie]

Hi, I have been advise that after the child is born, he will get a british citizenship based on my status as a british citizen. My partner can apply for an extension on her visa ( human rights) based on her child's status. Is this right?

The advice would have been correct if she was a single parent, but she is not, as you are in a relationship, and she will not be able to qualify as a partner at present as she has neither married, nor having cohabited with you for a period of 2 years.

I understand you may not want you child to obtain citizen by descent, or perhaps you are a citizen by descent and want you child to acquire citizenship rather than having to be registered, and having to pay the ever increasing NHS fee and application fee.

I would however strongly suggest that you consider your position very carefully.

[lynchill]

Hi Casa, her visa expires in november, and he gives birth later september.