Overstayed in the United Kingdom (UK) and now pregnant

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 11:49 am

I have a good friend of mine who is dating a women who came to the UK on a tourist visa and has now overstayed 5 years, she has recently become pregnant. They have plans of getting married. They would like to know what the chances of the women gaining permanent residency in the country as he don’t want to lose the woman and the child. The woman is aware that she will need to return home soon as her passport is soon to expire. However, she is worried that when she attempts to leave the country she will be told never to come back hindering any chances of the couple ever being together in the UK. My friend is a British citizen and hasn't been given clear advice on what legal steps to take. He would like to know his options. Also what are the options for the women in terms of applying to gain full residency in the UK regardless of marriage reasons alone.

Any information provided would be most grateful.

Post by **vinny** » Thu Aug 22, 2013 11:56 am

Similar answer to Can i get married in UK on YMS visa??

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 12:19 pm

I checked out the post you asked me look at. This women is from the Caribbean and has overstayed here for 5 years after her Visa expired, not to mention now pregnant. Would the situation still be the same as the other person you told me to look at?

Not sure which information/forms on the UKBA site apply to this situation.

Post by **vinny** » Thu Aug 22, 2013 12:40 pm

If the Ex 1 is not applicable, then she may apply for a partner visa from outside the UK. However, they may refuse under 320(11).

The EEA route may be easier after marriage.

Post by **vinny** » Thu Aug 22, 2013 12:47 pm

UK-born (or born in qualifying territory) child will automatically be British (s.1(1)) otherwise than by descent, if a parent is British or settled when child was born.

Overseas-born child will automatically be British (s.2(1)(a)) by descent, if a parent is British otherwise than by descent (e.g. born or naturalised in the UK) when child was born.

There may be special cases when a parent works for the Crown Service at time of child's birth.

If the unmarried father does not satisfy the definition of parent in the British Nationality Act, then applicant is entitled to register.

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 12:57 pm

Ok, thank you for the information you have provided so far. So would she need to leave the UK voluntary before applying? What happens if she is told that she can't return as she as overstayed, surely the father of the child must get a saying in the matter. Also by her having this child in the UK, will it help her chances more than it being born back in the Caribbean?

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 1:17 pm

Would it be possible for the women to apply for stay going down non-marriage route or would this be the best option?

Post by **vinny** » Thu Aug 22, 2013 1:25 pm

Having a British child may help her.

See also Should I stay or should I go?

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 3:15 pm

Will she need to apply before or after the child is born?

Post by **vinny** » Thu Aug 22, 2013 3:22 pm

vinny wrote:Having a British child may help her.

Post by **Casa** » Thu Aug 22, 2013 4:15 pm

I believe Vinny will agree with me that if she has the child in the UK she will have to pay all costs for the birth...which are likely to be considerable.

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 4:47 pm

Ok, but she returns home before the child is birth. Won't it make it harder for her to return? Also will the child then not be British if not born in the UK?

Post by **Casa** » Thu Aug 22, 2013 4:52 pm

Vinny has advised:
Overseas-born child will automatically be British (s.2(1)(a)) by descent, if a parent is British otherwise than by descent.

bbpearson99 · Post by **bbpearson99** » Thu Aug 22, 2013 5:19 pm

Ok, thank you for all your help.

So just to clarify. She should leave the UK voluntary before the baby is born. Despite overstaying in the UK for around 5 years she should still be able to apply for EX 1 or Partner Visa as advised by Vinny.

Are they the only two methods that she can use to apply for full residency in the UK?

Post by **vinny** » Thu Aug 22, 2013 8:34 pm

vinny wrote:The EEA route may be easier after marriage.

bbpearson99 · Post by **bbpearson99** » Fri Aug 23, 2013 11:24 am

Thanks again for the information you have provided. I have passed on the information to him.

They have decided that the women will be giving birth in the UK before returning home. The man says that he will recover any expenses.

What they did ask me to find out is, would they need to get married in the Carribean first or would the women be able to return to the UK to get married before going down the EEA Route?

bbpearson99 · Post by **bbpearson99** » Fri Aug 23, 2013 11:29 am

Also....even though the man is financially able to support the women through the pregnancy if given birth in the UK. Is that recommended?, could their be any repercussions for either of them?

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