Can an overstayer with a british child marry her partner

[kamsi]

I made it myself. I couldn't afford to pay a solicitor. The first application I made in 2010 costed me 4,800 pounds in legal fees and took 3 years to resolve

[donwilliams]

hello guys, hope you are all good.
I need an advice here.. can an overstayer with a british citizen child get married to the childs mother legally in the uk ? what are the chances and the risk involved. many thanks.

[CR001]

hello guys, hope you are all good.
I need an advice here.. can an overstayer with a british citizen child get married to the childs mother legally in the uk ? what are the chances and the risk involved. many thanks.

Unlikely HO will grant you permission to marry and may well detain you.

You are required to give 28 days notice at an HO approved Registry of your intention to marry. You need your passport and a valid visa usually. The Registry then has to inform HO and this notice period can be extended to 70 days for HO to investigate and interview each of you separately. If HO gives permission, then you can marry.

[Casa]

There is always the risk that the overstayer will be detained during the Home Office marriage interview.

[donwilliams]

There is always the risk that the overstayer will be detained during the Home Office marriage interview.

Oh ok. didnt know they interview you both separately. meaning it is a bit risky.

[Casa]

There is always the risk that the overstayer will be detained during the Home Office marriage interview.

Oh ok. didnt know they interview you both separately. meaning it is a bit risky.

The biggest risk is not necessarily in convincing the interviewer that you have a genuine relationship, but in being an overstayer.

[donwilliams]

Good morning honourable members,
I want to apply for flr(fp) as a parent and below is an update of all the documents i have, i need help with any additions or subtractions. please if you have applied in a similar situation please share your views.

CHILD 9 months old next week

* Dedication certificate
* Birth certificate
* Benefit letters ( child benefit letter, working tax and child tax credit letters)
* GP registration letter
* British passport

MOTHER

* Permanent residence card
* Letter of consent
* mother has been in a previous marriage and has not divorced yet

FATHER (11 months living together with partner)

* Birth certificate
* Current passport
* Affidavit of loss of previous passport
* Photocopies of previous(lost) passport
* GP registration letter
* Proof of address from TalkTalk and TV Licensing
* Pictures of our family together
* DNA test of father, mother and son
* Letter from GP confirming we both live together at the same address, that I bring my son to
appointments and I am the one to contact in case of emergency
* Letter from mid-wife that we both live together at the same address.
* Introductory letter from myself

honourable moderators please help. overstayed for 3 years on 1st april 2017

[Obie]

As previously advised if you are a partner of the mother, then it will be difficult to qualify under the parent route.

[CR001]

You cannot apply using the parent route if you are living with your partner. You must apply on the partner route but without 24 months of living together you will struggle.

Edit : beaten by Obie

[donwilliams]

Thanks,
I was wondering if leave could be granted outside of the rules.

[Casa]

Thanks,
I was wondering if leave could be granted outside of the rules.

Very doubtful if you fail to meet the requirements for an unmarried partner living in a relationship 'akin to marriage' for a minimum of 2 years, with the documented evidence to support the application.

[donwilliams]

good evening moderators,
since i dont qualify for the partner route, I wanted to try my luck on the flr(FP) as a parent route. please with regards to the family life as a parent route, does the documents listed above needs any additions or subtractions please. thank you.

[CR001]

If you are living with your partner, the FLR(FP) parent route will fail.

[Casa]

You don't qualify for the parent route if you are living with the mother of your child. This is only for parents who are separated.

Edit: Beaten once again by a far speedier CR001

[donwilliams]

in this case i think its better i go in for marriage application or living together. please what is the difference between this two applications. does the financial requirement applies in both? thanks.

[CR001]

You are not married so cannot do a spouse visa, also because you have no valid leave. Unmarried partner, even for FLR(FP) partner route, you need 24 months proof of cohabitation.

[donwilliams]

You are not married so cannot do a spouse visa, also because you have no valid leave. Unmarried partner, even for FLR(FP) partner route, you need 24 months proof of cohabitation.

please does the financial requirement applies to the partner route?

[CR001]

You are not married so cannot do a spouse visa, also because you have no valid leave. Unmarried partner, even for FLR(FP) partner route, you need 24 months proof of cohabitation.

please does the financial requirement applies to the partner route?

The 5 year route yes, the 10 year route no. Doesn't change the fact that you don't have two years of living together.

[donwilliams]

okay, i think what I have to do now is to wait till I have a proof of 24 months of living together and apply as a partner. i will see if my partner can sort out her divorce isssue out by then.

[bathanza]

Yes, make sure that your partner does finalise the divorce to decree absolute.

If you can wait, then after 24 months of living together apply for FLR FP Partner Route. Ensure that you have everything documented, anything done jointly, proof of living together, gather it all up.

If you are in a stage where you can marry each other, that is your choice of course, your relationship will be under the microscope regardless, so communication, pictures etc are vital and essential. Seen that you are looking at premium service, most likely you'll be wasting your money as you don't have valid leave and may be a "complex" case and will take time. Unless you tick all the boxes and requirements, I wouldn't do that. (only once approved and go for ext.)

Best of luck

[donwilliams]

Yes, make sure that your partner does finalise the divorce to decree absolute.

If you can wait, then after 24 months of living together apply for FLR FP Partner Route. Ensure that you have everything documented, anything done jointly, proof of living together, gather it all up.

If you are in a stage where you can marry each other, that is your choice of course, your relationship will be under the microscope regardless, so communication, pictures etc are vital and essential. Seen that you are looking at premium service, most likely you'll be wasting your money as you don't have valid leave and may be a "complex" case and will take time. Unless you tick all the boxes and requirements, I wouldn't do that. (only once approved and go for ext.)

Best of luck

Thank you @ bathanza. looking at my partners marriage.. they did a proxy marriage from overseas. does the decree absolute applies to that also. she was thinking of doing the divorce overseas as well since the marriage was done overseas. please throw me light on this one as well. thanks.

[bathanza]

Hello, your partner needs to have no legal impediment in order for your relationship to be recognised, recognised form of relationship is to be together for at least 2 years, a married couple or engaged.

I don't know about proxy marriage, but if it's legal in another country, religious or not, that surely would require finalisation.

[donwilliams]

Hello moderators,
This is a quick update on my case. i met a solicitor to discuss my case with him. and he adviced me to apply for eea fm. because my partner has a belgian citizenship. he was saying we could marry in the uk here and the home office will not stop us because we have a child together though i have overstayed. i would be happy if you guys can share with me your ideas as well. below is an update of my documents.#

CHILD 11 months old

* Dedication certificate
* Birth certificate
* Benefit letters ( child benefit letter, working tax and child tax credit letters)
* GP registration letter
* British passport

MOTHER

* Permanent residence card
* Letter of consent
* mother has been in a previous marriage and has not divorced yet
* belgian passport

FATHER (13 months living together with partner)

* Birth certificate
* Current passport
* Affidavit of loss of previous passport
* Photocopies of previous(lost) passport
* GP registration letter
* Proof of address from TalkTalk telephone
* Pictures of our family together
* DNA test of father, mother and son
* Letter from GP confirming we both live together at the same address, that I bring my son to
appointments and I am the one to contact in case of emergency
* Letter from mid-wife that we both live together at the same address.
* Introductory letter from myself

thank you guys......will look forward for your comments.

[Casa]

Your solicitor should also have advised you that in order to marry in the UK you can only register with a Home Office designated Registry Office. The Registrar is then legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days in order to interview you both separately, should they choose to do so before the wedding can take place.

Be aware that as you have no legal status in the UK you are at risk of being detained when you attend the interview.

I'm assuming the solicitor also told you that your wife will have to divorce her first husband before you can marry.

[donwilliams]

thanks casa. my partner has done the divorce at decree absolute. her ex husband has the original and she gave her coloured copy. can we use the coloured copy or we need to get the original. thanks.