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Unmarried, illegal entry, 2 children

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Smil3r
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Joined: Fri Oct 15, 2010 6:06 pm
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Unmarried, illegal entry, 2 children

Post by Smil3r » Fri Oct 15, 2010 6:56 pm

Hi all, I have been with my partner from India for almost 4 years now, we have 2 kids together twin boys born in July 2008, I am a British citizen, as are my parents, going back many a' generations etc. .
- As in the title my partner entered the country illegally.. he has no papers etc in this country. He has been in the country for almost 6 years, He worked for around the first 2-3 years cash in the hand, and hasn't worked sinse then. When he came, he was intending on making a quick buck to go back home with, hence the illegal entry, then obviously destiny decided otherwise :) For the first 3.5 years of us being together I'd been working full time getting about £1200 a month, as I live in Housing association rented accomodation, I can afford rent, council tax, bills etc without claiming benefits. Only recently economic climate and all this.. they had to reduce my hours, obviously resulting in the belt getting tighter, so popped into benefits office and asked for help, explained in full about my partner being illegally here and what not, n that we would eventually be applying for a visa, and they stated I'd be fine to claim working tax credits and child tax credits, but due to him not having a N.I number, would need to do a single claim, So this was two months ago, got awarded the claim and now financially ok, but it's given us the kick up the backside to get his issue sorted out. Im still not 100% about the tax credits, but hey-ho my kids need food. I read somewhere about being exempt from the "No recourse to public funds" due to me being British? Not sure how it works...
I can't apply for anything spousally as Im not 21 yet, I'd like to think we'd be able to apply for at least permission to remain in the uk, on the basis he's their father etc..

So In a Nutshell. - Im a British citizen, been with my partner for 4 years who's from India originally, who entered on the back of a lorry illegally, who's paid no taxes as no national insurance number, absolutely no trace of him whatsoever as far as we know.
I work part time however have previously worked full time and supported us through only monthly wage for over 3 years. Due to hours being cut claimed WTC and CTC as single claim (as per advice from Jobcentre..)We have two children and he's named on birth certificates.

Basically I'm looking for a shove in the right direction, what's the best way to go about it? We have been looking for lawyers and all that, but most of the immigration speciality ones tend to be miles away (Scotland to birmingham etc), and having a job, and two kids, without a car can prevent you from visiting them. We've tried a few in Glasgow, who basically were of no use.. Said it was a straight forward application, and to go straight to home office and apply. But I don't see how it is. I don't want to risk him being sent back home, without looking into the application properly first. Would myself and the kids need passports before we apply for him? Does he need to go to India to apply? What documents does he need from here / India? As he has no passport here, would we apply for one from Indian embassy? Would we be better of waiting till Im 21 (still 17months!) ? Any information would be greatly appreciated, and I do apologise for the length of my post! :oops:

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Casa
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Post by Casa » Fri Oct 15, 2010 9:38 pm

You really do need legal advice on this. Apart from the issue of your partner's illegal status here, you're under 21, which under the recently introduced regulations doesn't allow an Unmarried Partner or Spouse application.
You don't necessarily need to be in close travelling distance to a legal advisor as your case can be handled without face to face meetings.
I'm sending you a PM

HRY2005
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Post by HRY2005 » Fri Oct 15, 2010 9:45 pm

but due to him not having a N.I number, would need to do a single claim,

Your partner's not having a NINO is not a barrier to tax credit as you are not subject to immigration control. Making a single claim while you are part of a couple could get you into trouble if hmrc finds out. I am speaking from personal experience.

As for your partners immigration problem, you need to seek legal help from a qualified solicitor. As you are not 21 yet, a spouse visa is out the way. If you've been living together for up to 2 years, a DL (based on article 8 of the echr)application would be your only option but bear in mind that its a long route to regularisation.
Live and let live

Smil3r
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Posts: 2
Joined: Fri Oct 15, 2010 6:06 pm
Location: Scotland

Post by Smil3r » Fri Oct 15, 2010 10:35 pm

:D Thanks for replying.

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