Help needed please

[east579]

Hi everyone i have a real problem and i am unsure where to take it well over a year ago i met a girl who said she was portuguese and we started a relationship and started to live together since then we have had a child together.

But a few weeks ago she dropped a bombshell on me and told me she was really from Brazil and was a student overstayer, she said she had wanted to tell me for so long but was very scared and frightend to how i would react(felt like i had been hit with a hammer) i really love this women and i know she loves me.

My question is what do we do we know have a child together so i have to think about my son as well is there a visa we can apply for or is it too late beacause she has overstayed?
I am a british national so my son is british nothing can happen to him right?.
How can i help my partner? we are both really worried.

[Lucapooka]

It's hard to believe that at no point did you have an opportunity to confirm the real identity of this person.

It might not be the end of the world with regard to trust as casual lying is considered perfectly normal in Brazil (unfortunately it's considered part of our cultural identity) but a lie of this magnitude might have been made for more insidious purposes with regard to entrapment. Clearly she has nothing here to return to otherwise she would not be there pretending to be Portuguese. That's your problem to resolve and none of my business.

The immigration problem you have to tackle now will reside in whether of not she has claimed to be PT in any official capacity (did she use forged IDs etc). She will have little chance of making a valid entry clearance if so.

[east579]

It's hard to believe that at no point did you have an opportunity to confirm the real identity of this person.

It might not be the end of the world with regard to trust as casual lying is considered perfectly normal in Brazil (unfortunately it's considered part of our cultural identity) but a lie of this magnitude might have been made for more insidious purposes with regard to entrapment. Clearly she has nothing here to return to otherwise she would not be there pretending to be Portuguese. That's your problem to resolve and none of my business.

The immigration problem you have to tackle now will reside in whether of not she has claimed to be PT in any official capacity (did she use forged IDs etc). She will have little chance of making a valid entry clearance if so.

Many thanks for the quick response lucapooka the lie has been told and to me its ok i belive she hasnt tried to entrap me i belive she was just scared and embaressed by this she assured me she has never claimed to be PT in an official capacity and has never used ids for work etc.

She has assured me she has never worked since been a student and was too frightend when here visa expired she has never worked since we have been together as i had a half decent job is there a visa i can apply for her to stop here been deported?.

[Lucapooka]

Okay, I'll start by saying that if you can afford professional assistance you should get it. This is a complicated matter, coming on the back of recent changes in the immigration rules that would previously have been more favourable to someone in her situation.

There is very little chance of an application to remain being considered. She won't be removed but she will remain in limbo until someone blinks, and it's not likely to be the UKBA.

The best option would be to sponsor her settlement application as your partner. That would be made in Brazil as your partner (wife, or unmarried partner if you have lived together for two years). Obviously you would have to marry first if the UMP is not an option. I think there is no chance of her being granted entry clearance with access to a child if she is your partner.

The DL application from inside the UK is up in the air right now because of the rules change, and I can't say what might happen if she tries this route.

Don't consider leaving the UK until she has spoken to an immigration professional who you know you can trust.

Also, be aware that, as a person with no residence status, it's likely she will be expected to pay for maternity costs. That fact that the father of the unborn child is British is not relevant; she is an individual with a medical issue requiring treatment and your status will not be considered.

[east579]

Okay, I'll start by saying that if you can afford professional assistance you should get it. This is a complicated matter, coming on the back of recent changes in the immigration rules that would previously have been more favourable to someone in her situation.

There is very little chance of an application to remain being considered. She won't be removed but she will remain in limbo until someone blinks, and it's not likely to be the UKBA.

The best option would be to sponsor her settlement application as your partner. That would be made in Brazil as your partner (wife, or unmarried partner if you have lived together for two years). Obviously you would have to marry first if the UMP is not an option. I think there is no chance of her being granted entry clearance with access to a child if she is your partner.

The DL application from inside the UK is up in the air right now because of the rules change, and I can't say what might happen if she tries this route.

Don't consider leaving the UK until she has spoken to an immigration professional who you know you can trust.

Also, be aware that, as a person with no residence status, it's likely she will be expected to pay for maternity costs. That fact that the father of the unborn child is British is not relevant; she is an individual with a medical issue requiring treatment and your status will not be considered.

She has just recently had our son we only have a few days left to register.

What im trying to say is there any application that would secure her short term future until things a made clearer?
I have read on this forum that some pople have been granted limited leave to remain when they have a british child and partner here?

Also can you explain what the DL application route is?.

[Lucapooka]

There is no obvious and straightforward application for her in the short-term. Discretionary leave to remain (DL) was previously a relatively straightforward application for someone in her circumstances. Recent changes in the immigration rules have changed that. You need professional assistance to evaluate your various options. If she was not charged a fee by the NHS it would be a good thing to rectify that if she hopes to make any type of application within the immigration rules (DL, however, is not an application within the rules). Really, there are tangible solutions but one-on-one counselling is perhaps better than garnering spurious tips on speculative applications from a forum. I'm not a professional and am not selling anything; I merely think you can't get what you need from a forum.

[east579]

There is no obvious and straightforward application for her in the short-term. Discretionary leave to remain (DL) was previously a relatively straightforward application for someone in her circumstances. Recent changes in the immigration rules have changed that. You need professional assistance to evaluate your various options. If she was not charged a fee by the NHS it would be a good thing to rectify that if she hopes to make any type of application within the immigration rules (DL, however, is not an application within the rules). Really, there are tangible solutions but one-on-one counselling is perhaps better than garnering spurious tips on speculative applications from a forum. I'm not a professional and am not selling anything; I merely think you can't get what you need from a forum.

I understand lucapooka and many thanks for your advice and help i will seek a professional immigration lawyer.

[Lucapooka]

Good for you. Obviously feel free to run by the forum any suggestions you are given and have concerns with.