A Jamaican overstayed?????

[emmylou]

Me and my partner have been together for almost 6 years and been living together for 5, i have a 6 yr old son that he has raise for all this time .
He is from jamaica and has over stayed for many years, he has never been in trouble with the police or anything like that. Mine and his family has help him so he has not had to work or brake the law in any way,
We now would love to get married and have more children and he so longs to work, but know for this to happen he will have to return to jamaica, my fears are that he will not be allowed back to the uk for 10 years,
What i am asking is if he dose go back to jamaica will they let him back to the uk and how do we go about it as i am not sure on the rules of the immigration
Thanks for advice you way be able to give
Emma

[Mr Rusty]

If your partner leaves the UK of his own accord and at his own expense before 1st October, he will not automatically be disbarred from applying for a visa to come back as your spouse. If he stays beyond that date, he probably will be disqualified from applying for up to 10 years, and he will find it very difficult to succeed in an application made within the UK.

Have a look at the UK Border Agency website, click on Residency, then Can I live in the UK? then Partners and Children, and familiarise yourself with the requirements for someone seeking a visa as a spouse.

If you've lived together for 5 years and have a child together, you ought not to have too much difficulty demonstrating that you have a genuine relationship and intend to live together. So,focus on what proof you can submit of this, documents, photos etc, and on the support and accommodation requirements.

If you prepare well, and go and get married in Jamaica, you have a good chance of succeeding.

He may be questioned when leaving the UK, and even served with a notice that he's an overstayer, but this should not prevent him from applying for a visa, because he's leaving voluntarily at his own expense.

[emmylou]

Thank you for your advice
I dont think i was very clear but my son is not my partners biological child