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You need to give more information on the immigration history of your friend and the partner. Specifically what type of visa is your friend on and how did the partner become an overstayer. What visa was she on and why did she overstay?
Already mostly answered, a visitor visa, less than 2 years overstay.
Thanks @CR001. I didn't get that when I read it. So she came here on a 6 months visiting visa and stayed back since then for less than 2 years.
In my opinion, it is not a good idea to get pregnant just to create a tie to a child for visa purpose. There is no guarantee that the HO will grant the overstayed mother a visa just because she now has a baby. It might also put your friend's LTR(FP) at risk. LTR(FP) are granted on the basis of Family and private life. In this case, as a parent of children, after divorcing their British mother. It will appear your friend is ready to move on and start a new life with another woman. If they are genuinely in love, they might need to consider a life outside of the UK. This is my opinion.
Thank you Djsuccess for your response,my friend and lady love each other that’s why they got married not just because of visa,my friend didn’t marry the mother of his children and he have been single since they broke up and my friend have been seeing his children since they broke up until last year when corona virus started but still see the children once in while and on birthdays and paying child maintenance till date. My friend and his current partner not ready to file in yet just want to know what they can work on. ThanksDjsuccess wrote: ↑Mon May 31, 2021 1:38 pmIn my opinion, it is not a good idea to get pregnant just to create a tie to a child for visa purpose. There is no guarantee that the HO will grant the overstayed mother a visa just because she now has a baby. It might also put your friend's LTR(FP) at risk. LTR(FP) are granted on the basis of Family and private life. In this case, as a parent of children, after divorcing their British mother. It will appear your friend is ready to move on and start a new life with another woman. If they are genuinely in love, they might need to consider a life outside of the UK. This is my opinion.
As you would expect, the genuineness of the new relationship will be questioned and he should be ready for scrutiny. As CR001 already mentioned, your friend cannot sponsor a new spouse, because his visa is tied to the children from his old relationship. He has a long way to go before getting ILR because I believe he is on the 10-year route. And if the HO have any reason to doubt the genuineness of his family life and involvement in the lives of the children on which his LTR(FP) was initially granted, the HO might decide not to extend his visa.
Does your friend have custody of the children from his previous relationship? To what extent is he involved in their lives?
In short, your friend needs to sort his immigration status out before he can sponsor a spouse. But I understand love could be a strong thing, so he might have a difficult decision to make.
