Please what application will sooth my situation (Overstayer, engaged with British child)

[£bi]

2016 - 1st time in UK with Tier 4, left UK before visa expired
2017 - Returned to UK with visiting Visa and overstayed till date.
2019 - February, met girlfriend
2019 - November got Engaged
2020 - January Just had our first child (British citizen)

I’m looking forward to applying for a visa but not sure about the Visa category to apply for (marriage visa, spouse visa or parent of British child)

Can I apply without the use of a solicitor because the cost of application is quite high?

When is the best time to apply, now or should I wait till our child is a bit older?

Any advice will be highly appreciated.

Thank you.

[Amber]

Are you in the UK?

[£bi]

Are you in the UK?

Yes I’m in UK.

[TODMATT]

2 option.

FLR (FP) on the basis your UK child. You can’t switch within the UK to a spouse visa since you won’t meet EC-P.1.1a “a) the applicant must be outside the UK;”

You don’t need a solicitor to apply.

[Amber]

2 option.

FLR (FP) on the basis your UK child. You can’t switch within the UK to a spouse visa since you won’t meet EC-P.1.1a “a) the applicant must be outside the UK;”

You don’t need a solicitor to apply.

The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route, including where for example the definition of partner cannot be met, or other eligibility criteria for access to a 5-year route are not met. Applicants in this position must apply or will only be considered (where they are not required to make a valid application), under the partner route, or under the private life route.

[£bi]

2 option.

FLR (FP) on the basis your UK child. You can’t switch within the UK to a spouse visa since you won’t meet EC-P.1.1a “a) the applicant must be outside the UK;”

You don’t need a solicitor to apply.

The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route, including where for example the definition of partner cannot be met, or other eligibility criteria for access to a 5-year route are not met. Applicants in this position must apply or will only be considered (where they are not required to make a valid application), under the partner route, or under the private life route.

Please does this mean I need to wait till my relationship clocks 2 years of cohabiting before I can apply under the 5 year route?

[geoeng]

Please does this mean I need to wait till my relationship clocks 2 years of cohabiting before I can apply under the 5 year route?

The definition of "partner" includes fiance/e so you I don't believe you necessarily need to wait until you have 2 years of living together before you would qualify under the partner categories. However, because you are likely relying on the exceptional circumstances provisions of the immigration rules (due to currently being in the UK without valid leave to remain) in your application, you will probably be put on a 10 year route.

I believe the 5 year route would be an option if you were to apply from outside the UK.

[TODMATT]

2 option.

FLR (FP) on the basis your UK child. You can’t switch within the UK to a spouse visa since you won’t meet EC-P.1.1a “a) the applicant must be outside the UK;”

You don’t need a solicitor to apply.

The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route, including where for example the definition of partner cannot be met, or other eligibility criteria for access to a 5-year route are not met. Applicants in this position must apply or will only be considered (where they are not required to make a valid application), under the partner route, or under the private life route.

Thanks for the clarification. I meant to say under private route.

[£bi]

Thanks everyone for your advise.

Please I need further advice. My fiancée just got a letter yesterday saying she can not claim statutory maternity pay because she did not work enough hours before starting maternity leave.

I want to findout if my application will be affected if she claims maternity allowance from the UK Government?

[Amber]

Thanks everyone for your advise.

Please I need further advice. My fiancée just got a letter yesterday saying she can not claim statutory maternity pay because she did not work enough hours before starting maternity leave.

I want to findout if my application will be affected if she claims maternity allowance from the UK Government?

Please post this in the claiming benefits section - claiming-benefits/

[£bi]

Please post this in the claiming benefits section - claiming-benefits/
[/quote]

Thanks