Overstayed and now pregnant

[SVJ1983]

My husband and I moved to uk in 2007; my husband was on a student visa and I was his dependent. The visa expired in 2009 & Unfortunately we were not able to get an extension. Our whole family is settled successfully in uk and run businesses. We help run my husbands sisters business; and she supports us financially. I am now 6 months pregnant expecting our first child. Is there any way we can make an application to regularise our stay?

[Wanderer]

No chance really, plus you are both working illegally, your husbands sister is knowingly employing illegals and you will not be able to use the NHS for the birth.

[CR001]

If you have had no valid visa since 2009, you are overstayers and are NOT permitted to work in any form for anyone, not even family.

A child will not help your situation as the child will NOT be British and can easily continue living in your home country.

You should also be aware that you are not, and have not been, entitled to any free NHS since your last visa expired. You should be paying 150% of the costs for ALL your/hubby NHS use and your ante-natal and birth will cost you a few thousand pounds.

8 years and you have done nothing to sort out your status or leave the UK and try again by returning with another visa??

[SVJ1983]

No chance really, plus you are both working illegally, your husbands sister is knowingly employing illegals and you will not be able to use the NHS for the birth.

Thanks for taking the time to respond; however I have not put up this post for everyone to tell us what we already know... I am asking for advise on if there is any kind of application we can make to regularise our stay... I have not stated we are employed (the business have employed proper staff for day to day activities) and neither have I mentioned the NHS... But for your info, am getting private medical care (all financed by by sister in law).

Please only reply if you have genuine advice on what steps we can take next... I have come to this board as we are desperate to settle down with our whole family and lead a normal life, be able to work and pay our taxes; where my baby will be safe.
I'm not here for everyone to point fingers at us and accuse us of doing wrong.
Thank you

[CR001]

There is no visa that you will likely qualify for.

You stated the below. This is considered working.

We help run my husbands sisters business

So if no use of the free NHS since 2009, then fine if you have been covered for the past 8 years by private medical insurance.

To be honest, your best option would be to return home. You will have no additional rights just because you have a baby born here.

As an aside, why could your husband (or you) not apply for another visa before the last one expired?

Suggest don't get so defensive, we only say it as it is and based on what the rules are. We don't sugarcoat advice on the forum and certainly don't advise people on how to circumvent rules or apply for things they don't qualify for.

[CR001]

A couple more questions :

What family is here in the UK and what family do you have in home country?

If you were able to apply on FLR(FP) private life, what evidence of 'insurmountable obstacles' would you be able to show that you cannot return to your home country?

[SVJ1983]

A couple more questions :

What family is here in the UK and what family do you have in home country?

If you were able to apply on FLR(FP) private life, what evidence of 'insurmountable obstacles' would you be able to show that you cannot return to your home country?

All immediate family from my husbands side and my side is settled in the uk. Back home a few very very distant relatives who we haven't even really known.

We know ours is a difficult situation and because we don't want to continue living like this, we may just have to face the truth and leave our family and go back. Chances are we will never return; we are not young and just wanted to settle down; not spend our babies childhood waiting for decisions to allow us to come back here. However we also don't want to just up and go without trying once more; the last time.

We have built a life here during the past 10 years which isn't a short time; we are involved with the local community and we have never taken any benefits from the uk government. Thankfully our family has always supported us and that is all we have to hold on to; just family; we wanted our baby to grow up around his cousins, and know our family, get a good education.

From my side I am an only child and my parents are settled here in uk. My father is 75 with heart problems, and a multiple cancer patient; you can only imagine what it would be like for me to leave them and go back knowing I may never return. Therefore we must at least try.

[vinny]

How did your parents manage to settle in the UK?

[SVJ1983]

How did your parents manage to settle in the UK?

Parents got to settle through my mum; very recently only. Mum qualified for Boc status, which then was converted to British citizenship; I unfortunately cannot get it through her as I was born after January 1983 and cannot get it automatically from her.

[CR001]

What is your nationality if you don't mind me asking?

What was your grandparents nationalities?

[SVJ1983]

What is your nationality if you don't mind me asking?

What was your grandparents nationalities?

Kenyan; both me and my husband.
Grandparents from my mothers side were both born in India but moved to Kenya when the railway was being built. They both held (Indian) cukc status. Mother was born in Kenya, and on independence never registered herself as Kenyan, so she automatically she got the right by decent.