Hi, my girlfriend has been here for many years but due to an ex boyfriend not giving her the visa letters to renew a couple of years ago her visa has now expired. We have known eachother for around 8 months and been together for around 4 months and is 7 weeks pregnant. Can anyone help In a way forward to sort out a visa. Marriage isn't an option right now as I need to get a divorce. Is it a straight forward path to getting a permanent visa or is it to be a long rocky road? Thanks for any help Marc
First of all, welcome to the Forum, Marc. Micawber is really the best person to answer you but I rather think he'll be wanting a bit more information including your answers to the following: 1. When exactly did your girlfriend arrive in the United Kingdom? 2. What Visa did she have - was it a fiancée Visa or an employment Visa? As you mention that her then boyfriend didn't give her documentation with which to renew her Visa, I'm assuming she came here as (say) a nanny or care worker with an employment Visa. 3. What type of Visa are you now hoping for? If, as you say, she has overstayed by two years then I fear that she will not be eligible for a further Visa; she really should have returned to the Philippines before that Visa expired. It is most unlikely, I believe, that the UKBA will pay much heed to her being pregnant: even if she were 8 months and therefore not medically fit to fly, UKBA would require her to leave the UK shortly after she gives birth. Even if UKBA were to overlook her overstaying, she would still need to return to the Philippines and apply for a new Visa with you acting as her sponsor. You, sir, have some very tough decisions to make and I don't envy you one bit. Please make them wisely.
I'm guessing she entered on an employment visa as she is a live in nanny. Without checking I think she has been here 8 years but unsure of how long the last visa expired. We were looking at getting married as soon as I am divorced, and was told our best bet was Gretna Green. Is this right, and where would we stand on residency then? If there is any more information needed let me know, and thank you for the reply.
I wish I could be more encouraging. However I think, subject to what Micawber has to say, that Markham has it right - she will need to return to the Philippines and re-apply for either a fiancee visa (if you plan to marry here) or a spouse visa (if you marry there - or eg in Hong Kong. The UK unlike the USA or indeed Hong Kong has no concept of an "anchor baby" - the parent of a child born here does not thereby gain right of abode. It would certainly be desirable for you to be present when your baby arrives and to make sure that you are named on the birth certificate as the father. I think, subject to what Micawber has to say, that you should also, if she gives birth in the Philippines, register the birth with the British Consulate.
Question.. If she has the baby in the UK then how do they go about separating the child from the mother.. If for example the mother refuses to take the child and wishes that he/she remains in the UK? Im assuming of course that a child born in the UK is a British citizen..
Hello Marc, I'm sorry to say that based on the information you've divulged there's not a lot of meaningful help anyone can suggest. Markham has pretty much asked you the right info. Please do find out from your g/f and let us know:- When did she arrived into UK ? What visa was she given ? What is her current immigration status ? When did her visa expire ? Why did she (or the employer) not renew or apply for further leave? Now I'm also puzzled about the previous b/f. What letters did he fail to supply? What visa did they plan to apply for? Bearing in mind she cannot be legally employed as a live-in Nanny if she has overstay status! This is also key as her 'employers' will also be acting illegally if she does indeed have no legal status here. Not just immigration law involved but also others (employment, tax and Nat Ins) You are not free to marry so she cannot hope to secure a settlement status. The obvious option is to have her voluntarily return to the Philippines to deliver the baby then when you are both free to marry to apply for a visa with a settlement route. I'm not advising this at this moment but it's something you need to consider. Just looking a little ahead, it's may prove to be less difficult (and costly) if she remains for a while than if she goes home. If she is an overstayer (illegal status) it's going to be tough to secure NHS medical treatment. Yes I know she can 'blag' it, but these things have a very nasty habit of turning back. Neither of you are goingf to find UKBA in sympathetic mind. Only the immigration rules will apply. At this stage there can be no appeals under Article 8 (family life / human rights) as you will not be considered family. The good news is that there is some caselaw existing that may be helpful. But... you will need the guidance of a darn good immigration advisor with experience in this area. You've mentioned that you not yet divorced, are you separated from your legal wife ? If yes for how long ? and why are you not living together with your g/f ? In terms of securing a settlement visa she currently appears to have a very weak case even relying on status outside of immigration rules called Discretionary Leave due to family ties. Please provide the specific and accurate information requested and you'll be better placed to consider a realistic strategy.
