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General UK immigration & work permits; don't post job search or family related topics!

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sarahgoodridge23
Newly Registered
Posts: 1
Joined: Fri Aug 20, 2021 3:42 pm
United Kingdom

Leave to remain

Post by sarahgoodridge23 » Fri Aug 20, 2021 3:47 pm

Hello,

My husband is an Albanian man (entered the UK illegally). We have been married for 2 years and I am currently pregnant due in December this year. We applied for leave to remain for him while I was not pregnant but it was refused as he entered the UK illegally. We appealed that and are awaiting a hearing date.

Will having a child change things? Also is it best to withdraw the appeal for the old application and put a new one in? Or just wait for the hearing date and add the fact we will have a child?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Leave to remain

Post by manci » Fri Aug 20, 2021 4:59 pm

sarahgoodridge23 wrote:
Fri Aug 20, 2021 3:47 pm
Will having a child change things? Also is it best to withdraw the appeal for the old application and put a new one in? Or just wait for the hearing date and add the fact we will have a child?
It is difficult to comment without knowing the details but if you are British, and therefore your UK born child will also be British, then having a British child will strengthen your Albanian husband's case for permission to remain in the UK.

The exceptions to certain eligibility requirements for leave to remain are in Section EX of Appendix FM of the immigration rules. Read EX.1.
https://www.gov.uk/guidance/immigration ... ly-members
Personal opinion, not professional or legal advice

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