2months pregnant for illegal immigrant

[servinus]

Hi Guys

I would like you to assist me with some advise, I am a British 26yr old lady and i am in a relationship with a guy who has been illegally living in the UK for 10yrs now, he made a previous application to the home office in 2012 and was refused but since then he hasn't returned to his country and has continued to live here illegally, he has no criminal record, very lovely guy. We began a relationship sometime this year 2015 and now i am 2 months pregnant for him, what is the best advise for him? how can he go about getting his papers considering the fact that i am only two months pregnant? we are very much in love with each other and the relationship is totally genuine plus i work full time, but we don't want to make a silly mistake when we reapply for him.

What is the best way to go about this?

[Casa]

Do you have an income of £18,600 per annum? If so, the best option would be for him to return to his home country and apply for a spouse visa to re-enter. The alternative would be to wait until your baby is born and apply for a FLR(FP) visa from within the UK, with a long route to permanent settlement and no guarantee of success. The Home Office may decide that you can have a family life together in his home country.

[CR001]

If you are not married, a spouse visa won't work and neither will an unmarried partner visa as you have not lived together 'in a relationship akin to marriage' for at least 2 years.

Getting married will be almost impossible now due to the Registrar having to inform HO of foreigners plans and HO will likely interview both of you.

FLR(FP) might be the only way but agree on Casa's advice regarding this type of application.

[Casa]

Thanks CR001. Missed the crucial point that the OP and her partner aren't married. More caffeine required. The other option would be to marry in his home country and then apply for a spouse visa, assuming all the requirements are met.

[noajthan]

Hi Guys

I would like you to assist me with some advise, I am a British 26yr old lady and i am in a relationship with a guy who has been illegally living in the UK for 10yrs now, he made a previous application to the home office in 2012 and was refused but since then he hasn't returned to his country and has continued to live here illegally, he has no criminal record, very lovely guy. We began a relationship sometime this year 2015 and now i am 2 months pregnant for him, what is the best advise for him? how can he go about getting his papers considering the fact that i am only two months pregnant? we are very much in love with each other and the relationship is totally genuine plus i work full time, but we don't want to make a silly mistake when we reapply for him.

What is the best way to go about this?

Marrriage (and a possible detour round Europe on Surinder Singh roiute to, eventually, get you both back into UK under EU rules - rather than the more stringent & burdensome UK Immigration Regulations) may be the make or break 'acid test' for this situation.

However any longer term ambitions for privilege of citizenship will have been pushed much further into the long grass due to the breaches of UK immigration law (automatic 10 year ban).

Good luck.

[Obie]

Given the long overstaying, 320 (11) may be invoked, even though it may be wrong, and Furthermore you may not meet the 18600 requirement.

I will suggest he keeps his head down until the baby is born and then apply for FLR (FP) .

[servinus]

Hi guys

Many thanks for all your reply. I do not earn up to 18,600 at the moment but close to it, i do intend to get another job by january. If he keeps his head low till the baby is born, can he still be refused for not returning to his home country at the time he was refused years back?{ The 320 (11) } Would he be asked to go back to his country to reapply after the baby is born? And do we still need to show evidence we have lived together for two years even after the baby is born? Cause at the moment i live outside london and he lives in another town 1hr apart.

Would it be easier to apply for FLR (FP) after the baby is born? Sorry for all the question, i'm just panicking. What is the best preparation to start making henceforth in other to support his application after the baby is born.