Non-EU Unmarried partners

[Iku]

Hello I'm very confused about my case. I will explain in details and will be more than happy if anyone can give advice about that.

I have EEA Residence Card valid next couple of years.
I know I'm not good boy, but I just had child to another lady, who appeared has expired Tier 4 Visa. She if from one of Non-EU country.

Now I'm worry about child, can we register birth without any issue ? Because of her mother has expired Visa ?
Can mother get any status at all ?

Ps. we can't marry at the moment.

[secret.simon]

Are you named as the father on the birth certificate? And is the child born in the UK?

If the answer is Yes to both of the above, the child is entitled to registration under Section 1(3) after you get PR.

[Iku]

Are you named as the father on the birth certificate? And is the child born in the UK?

If the answer is Yes to both of the above, the child is entitled to registration under Section 1(3) after you get PR.

Thanks for reply.

We just had child, so we don't have birth certificate yet. At the moment we have only discharged paper from hospital. So this is my concern. Can we register birth, to get birth certificate, without any problems, because of her Tier 4 expired Visa ? Won't be any problem in Register Office ? I WILL be name as father in birth certificate. Yes child is born in UK recently.

[Wise]

Of course you can get your baby registered at any birth registration office,but you must both have something to show your name and D.O.B possibly a photo ID like either provisional/ full license that's all without any trouble.

When you eventually get your permanent residence then you may now be thinking of getting British passport for the baby through registration.

Good luck

[secret.simon]

It is a legal requirement to register the birth within 42 days of birth in all parts of the UK except Scotland, where it must be done within 21 days.

http://www.nct.org.uk/parenting/registering-birth

Registering the birth itself is not affected by your legal status. It will give both you and the baby legal rights.

[physicskate]

Hang on, I'm confused! How can a non-EU citizen make an application as an unmarried partner with another non-EU overstayer on the basis of the first non-EU citizen being married to an EU citizen? At the very least, in the eyes of the law, couldn't there be the suggestion that the (male) non-EU citizen is in a sham marriage??

On what basis could the non-EU overstayer apply for leave?!

[Iku]

Hang on, I'm confused! How can a non-EU citizen make an application as an unmarried partner with another non-EU overstayer on the basis of the first non-EU citizen being married to an EU citizen? At the very least, in the eyes of the law, couldn't there be the suggestion that the (male) non-EU citizen is in a sham marriage??

On what basis could the non-EU overstayer apply for leave?!

We don't do any unmarried application. Just want to register a birth , thats it. And my doubt was because of baby's mother is overstayer could be this problem ? But as I read in previous post. Shouldn't be any problem.


Thanks

[Wanderer]

Hang on, I'm confused! How can a non-EU citizen make an application as an unmarried partner with another non-EU overstayer on the basis of the first non-EU citizen being married to an EU citizen? At the very least, in the eyes of the law, couldn't there be the suggestion that the (male) non-EU citizen is in a sham marriage??

On what basis could the non-EU overstayer apply for leave?!

We don't do any unmarried application. Just want to register a birth , thats it. And my doubt was because of baby's mother is overstayer could be this problem ? But as I read in previous post. Shouldn't be any problem.


Thanks

Surely there will be a cost too for the birth as the mother is illegal? This might flag up to UKVI?

[Iku]

Surely there will be a cost too for the birth as the mother is illegal? This might flag up to UKVI?

NOTE: Not illegal, she is overstayer. There is difference.

[physicskate]

Surely there will be a cost too for the birth as the mother is illegal? This might flag up to UKVI?

NOTE: Not illegal, she is overstayer. There is difference.

Someone who overstays a visa (and has not made an application for further leave to remain) is in the UK ILLEGALLY (contrary to law).

What do you think is the difference??

[Wanderer]

Surely there will be a cost too for the birth as the mother is illegal? This might flag up to UKVI?

NOTE: Not illegal, she is overstayer. There is difference.

Wrong. But irrespective of that there will be a debt to repay for the birth of the child at some point.

[Iku]

Someone who overstays a visa (and has not made an application for further leave to remain) is in the UK ILLEGALLY (contrary to law).

What do you think is the difference??

When you don't have Entry Clearness or when you enter into country illegally, that my understanding. But anyways that off the topic now.

Can anyone give any immigration advisor or solicitor contact details ? Who works on such kind of cases ?

[secret.simon]

Irrespective of the legality or otherwise of the status of the parents, it is a legal requirement to register the birth of every child born in the UK (Section 1(1) of the Births and Deaths Registration Act 1953).

The fine for not doing so...err...a paltry £2.

To reiterate, every child born in the UK irrespective of its parentage must be registered. The child itself has not overstayed any visa and is a legal resident in its own right.

The registration will also give both the child and the father legal rights. The mother would get rights based on the child either when the child becomes a British citizen, based on the father's PR or on completion of 7 years of the child's continuous residence in the UK, whichever is longer.

@Iku, You do not need a solicitor to register the birth of a child. But you may wish to read Section 10 of the Act linked to above about parents who are not married.