having a baby with an overstayer visa

[robinzz1]

Hello. I want to marry with my girlfriend and have a baby in UK. I am from EU and my girlfriend from Colombia. She came here 1 year ago and her visa is expired. We have 1 year relationship, we have been living toghether since she came here,almost all the time. I have been living and working here since Jan 2014, so exactly 4 years. How can we get married legally and have a fammily here? What is the correct and the the right way to do it ?? My girlfriend is pregnant in few months, we want to keep the baby and live here togheter. She wants to give birth in UK, would this help to her status? Also, my financial stituation is not so good, can she get free medical assistance ? On the other hand, very soon i will start my aplication for ILR and i need to know if this will help her status to be with me legally, or after i get the ILR?? I know she has to serve a ban but she is having my child and you can imagine what this mean. Can we get help with any useful advice, please?

[Casa]

In order to marry in the UK you would have to give notice 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 before the marriage can go ahead, should they choose to do so.

As your partner is an overstayer without any legal status, she is at risk of being detained during the interview.

She has no access to NHS facilities and any treatment, including the birth of your baby will be charged at 150% of the costs, which could run into several thousand pounds for maternity treatment. Any outstanding bill over £500 will result in a refusal of future visa applications.

You mention ILR, but as the flag you have chosen is Romanian I assume you mean PR under the EEA Regulations?

When is your partner due to give birth?

[robinzz1]

thank you very much for your advice. My partner is suppose to give birth after 7 months, give or take, and yes i wanted to say Permanent Residence.
If we give notice to get marry, and eventually get marry, are we good with the status ?

[Casa]

If you're given permission to marry your wife could then submit an application for an EEA Resident Permit.

https://www.gov.uk/apply-for-a-uk-residence-card

Until then, you still need to consider the potentially high NHS costs and how you will pay them.

[robinzz1]

ok, i will have the money, but is it possible not receiving the permit to marry my girlfriend beacause she overstayed here almost a year ? or should we receive it straight away? we only need to prove that our relation is true, genuine, love based?? So are we going to receive marry permit once we prove this or is something else to be added to this situation?

ok, she might be detained, i got it, but eventualy we will prove we love each other, and meanwhile she will give birth. Whats the implication of being pregnant in this case?

As far as i can see, all we need to do is to pass the interwiew, then we get the marry permit, then we marry and have our baby, and more important, she can stay with me all this time.

am i wrong ?

[robinzz1]

any advice please?

[New on forum]

any advice please?

The best advice is that make an application as a durable unmarried partner and after the biometrics give notice for marriage.
But remember that you will need to show registrar the original passports in order to marry you may want to send certified copies with application and then send original with marriage certificate after the marriage.

[Casa]

any advice please?

The best advice is that make an application as a durable unmarried partner and after the biometrics give notice for marriage.
But remember that you will need to show registrar the original passports in order to marry you may want to send certified copies with application and then send original with marriage certificate after the marriage.

Home Office clearance is still required in order for the marriage take place. If an early decision is made on the EFM 'durable partnership' and the application is refused before marrying, there are no appeal rights for Extended Family members. There would be a better chance of an approval after your baby is born.

[New on forum]

any advice please?

The best advice is that make an application as a durable unmarried partner and after the biometrics give notice for marriage.
But remember that you will need to show registrar the original passports in order to marry you may want to send certified copies with application and then send original with marriage certificate after the marriage.

Home Office clearance is still required in order for the marriage take place. If an early decision is made on the EFM 'durable partnership' and the application is refused before marrying, there are no appeal rights for Extended Family members. There would be a better chance of an approval after your baby is born.

Agree

[robinzz1]

where should i go to start the application for durable partner relation with my overstayer girlfriend ?? is she gonna detained or allowed to stay here in this time??

[Casa]

where should i go to start the application for durable partner relation with my overstayer girlfriend ?? is she gonna detained or allowed to stay here in this time??

What do you mean by 'where should I go'? Are you asking for a link to the application process

No one can predict whether your partner will be allowed to stay or not.

[robinzz1]

yes, i would appreciate if i can get the link. But my question would be, are we entitled to follow this procedure? THIS IS THE FIRST STEP TO GET MARRIED?

[Casa]

https://www.gov.uk/government/uploads/s ... s-V5_0.pdf

Guidance for Case Workers:
Evidence required for durable partners
A durable relationship is an unmarried partnership which has normally continued for
2 years or more. The evidence the applicant can provide may include:
 proof that any previous relationship has permanently broken down, for example
a:
o decree absolute for marriages
o dissolution order for civil partnerships
 evidence of cohabitation for 2 years, for example:
o bank statements or utility bills in joint names at the same address
o rent agreements
o mortgage payments
o official correspondence which links them at the same address
Page 11 of 28 Published for Home Office staff on 04 August 2017
 evidence of joint finances, joint business ventures and joint commitments, for
example:
o tax returns
o business contracts
o investments
 evidence of joint responsibility for children such as:
o a birth certificate or custody agreement showing they are cohabiting and
sharing responsibility for children
 photographs of the couple
 other evidence demonstrating their commitment and relationship
You must always consider the individual circumstances of the application. For
example there may be instances when the couple have not been in a relationship for
2 years or more, but you are still satisfied that the relationship is subsisting and
durable. This may be, for example, where the couple have a child together and a
birth certificate showing shared parentage has been provided with evidence of living
together.
You must refer to a senior caseworker if you doubt whether the level of evidence
provided is enough to demonstrate a durable relationship exists. If the applicant has
provided enough evidence and you are satisfied that the documents are genuine,
you must consider whether the requirements of regulation 8 (extended family
member) of the Immigration (European Economic Area) Regulations 2016 (the 2016
reg

https://www.gov.uk/government/uploads/s ... -03-17.pdf

As I've commented previously, I believe your application as a 'durable partner' would be stronger once your baby is born.

However in your opening post you mention 'Also, my financial stituation is not so good, can she get free medical assistance' and later post that you will have the money. Be prepared to pay up to a few thousand pounds even for a birth without any complications.