Need advice to sort out status for my brothers g/f (ILR?)

[WP08]

My brother (birth UK Citizen) met his girlfriend (Chinese) about 4 years ago. They have lived together for around 2 years and recently had a baby in the UK (Jan08). The girlfriend claims to have been in the UK for 5 years.
Given the birth of a child I am seeking information on her application for ILR.

My understanding on immigration is that on entry to the UK her passport would had been stamp with a duration for stay. I believe she came on a student visa and I'm unsure if she has overstayed without further application for extension. She has shown me an ID card from the Immigration National Directorate (IND) but I have no idea what that approves.

My questions are:
-What does the IND card provide? Does it mean she has an application in progress?
- What questions should I ask (or request documents ) her so I can be certain of her current status?
- Given they are unmarried and have a child; Which form will they need to follow FLR or EEA?
- Should we hire a solicitor to work on her application or should they submit their own forms?

Our family will consider hiring a solicitor to work on her application but I'd like to get some background information as to whether this is a waste of effort.

Look forward to your replies
Thanks

[thsths]

-What does the IND card provide? Does it mean she has an application in progress?

What does it say? It could be an indication that she was using the European right of free movement. If that is the case, she may have a right to stay in the UK, too, although it very much depends on your brother.

Given they are unmarried and have a child; Which form will they need to follow FLR or EEA?

If you brother has never been in Holland, she would need to use FLR. But an in country application is most likely going to be refused. I think she should go back to China and apply from there (she has to leave by September the latest!). It would certainly help if they got married, but she cannot do that in the UK without a valid status.

- Should we hire a solicitor to work on her application or should they submit their own forms?

That is up to you. You can certainly fill in the application yourself, but if you encounter difficulties or if you have to appeal, you should go to a solicitor. Since this is a more complicated situation, it could make all the difference.

Tom

[WP08]

Tom, thanks for quick reply.
I will have a closer look at the IND card for more details.

If my brother proceeds with marriage at some point; Is it a simple case of applying for a Certificate Of Approval (COA) and having a civil wedding? Does that automatically qualify her for a 2 year unrestricted stay?

I'd like to be able to present him with some options before proposing that they go abroad and apply outside the UK.

Regards.

[thsths]

Is it a simple case of applying for a Certificate Of Approval (COA) and having a civil wedding?

If she has a valid visa and at least 6 months left, then yes, that should be possible.

I'd like to be able to present him with some options before proposing that they go abroad and apply outside the UK.

If she has no valid visa, that is probably the only option. She can apply for an unmarried partner visa, for a fiancee visa, or she can get married and apply for a spousal visa. But all three visas need to be applied for in China. And remember: she has to leave by September, because the rules will change.

The IND card could make a difference, depending on whether it is still valid. I guess WP08 is right, and it is from the British IND? (Forget everything I said about Holland, they also have an IND, but that is probably unrelated.)

Tom

[sakura]

thsths....I see nothing from wp08 about the Netherlands...where are you getting this from? The UK's immigration agency used to be called Immigration and Nationality Directorate...so IND in the UK, not IND.nl.

wp08...what visa is/was she on? If she came five years ago as a student, she does not qualify for ILR. If she's only ever been a student here, then she probably has overstayed her initial student visa.

In which case, she can only apply for a visa related to her partner or child...she doesn't qualify for any ILR concession.

An unmarried partner's visa is possible, if they've lived together for 24 months and have good proof of this. Or, a fiancee visa, or a spouse visa if they marry abroad.

All of these visas can only be obtained in China....there is little chance of obtaining them in-country if she has overstayed. If she tries to apply from within the UK, it'll drag out for a long time (anything over a year or two years isn't uncommon) and then she would still need to return to China anyway.

You need to find out what type/s of visa/s she has, and whether or not any of her visas are still valid.

[yankeegirl]

All of these visas can only be obtained in China....there is little chance of obtaining them in-country if she has overstayed. If she tries to apply from within the UK, it'll drag out for a long time (anything over a year or two years isn't uncommon) and then she would still need to return to China anyway.

Just to add to what sakura has said, if she has indeed overstayed, she should seek legal advice and make sure she leaves the UK before October 1; after this, there will be mandatory bans (anywhere from 1-10 years depending on circumstances) before a person can apply to re-enter.

I'm not sure how you should approach it with her, but if your family is willing to help, it's really important that she be 100% honest with you about her immigration status in the UK. Nobody would be able to offer concrete help without knowing the full story.