@ Poster

Your lawyer and partner are right. you need to come home and seek a spousal visa (or whatever they call it there). You cannot continue to be an illegal forever

Follow your lawyer's advice and all may be well

Goodluck

dancewith:

@ Poster

Your lawyer and partner are right. you need to come home and seek a spousal visa (or whatever they call it there). You cannot continue to be an illegal forever

Follow your lawyer's advice and all may be well

Goodluck

Yup, absolutely right. Poster, that is really your only option. I'm not sure what the percentage of success is for those who do this but I'm sure its pretty high if you follow through with all the right documents and proof and attitude. Goodluck!

Basic questions first even before thinking of going home,
Are you married?
What accommodation and maintenance docs have you got?
How do you intend to prove that the relationship is true?
How old is the baby? And have you come in contact with immigration? If yes why nd when?

gather eboug documentation as possible

So the only irregularity is coming without the right documents?
Do you intend getting married or u want to go the unmarried partner route? Wherebout are you in the UK and do your partner get any social benefit? Drop your email if u dnt wanna reply on this public forum.

Ok done.

good advice from solicitor, however it maybe worthwhile to get married to her legally before leaving the uk, or both of u can come to naija and do the marriage,

Important thing here!
"WE HAVE A 5 MONTHS OLD BABY TOGETHER WHOS BIRTH CERTIFICATE ARE IN MY NAME WITH HIS BRITISH PASSPORT BEARING MY SURNAME."

You are not a British citizen so your child has no right to UK passport.
The childs passport should bear the mothers name if mother is British national!
This could be fraud!

worry is right, it is impossible for the baby to get a UK passport unless one or both parents are UK citizens

Also having his own passport at 5 months old may raise questions.

This is directly for the homeoffice website

If the child was born or adopted in the UK
IPS needs to see the child's full birth or adoption certificate showing parents' details and one of the following:

section 4 of the application form completed with the British passport details for either parent*
UK birth certificate for either parent*
Home Office certificate of registration or naturalisation for either parent*
the passport that was valid at the time of the child's birth** for either parent*
Note*: if supplying the father's details, IPS needs to see the parents' marriage certificate as well.

Note**: if the passport expired before the child's birth, you need to send the passport on which the parent entered the UK.

@ topic,

Your lawyer has given you good advice however as other posters have pointed out, you may want to get married legally to your partner either in the UK when the Certificate of Approval is abolished (You need to check the UK border agency website for this) or if you want to go through the unmarried partner's route, then you can do so but may need more evidence and documents to prove that you have both lived together for at least 2 years.

Your having a child does strengthen your application however, that alone in itself may not be enough as you are not married to the mother even though you have parental responsibility. You need to be more concerned about what benefits your partner is getting as i assume she may be on certain benefits as you mention she lives in a council flat. For a spouse visa, you both need to show among other things that

a) the relationship is geniune and subsisting.
b) you have adequate accomodation.
c) you are both able to maintain yourselves without help from the public fund. While your partner may be entitled to claim, you are not and in some cases, she may loose some benefits once you are now in the picture. Check what she claims for and go from there.

For those asking how a baby can hold a passport, any UK born child where at least one parent is SETTLED in the UK or a BRITISH citizen can get a passport in it's own right. In this case, if the mother had Indifinate leave to remain before the child was born, then the child is an automatic citizen even though the mother may not be a citizen. If the child was born before the mother got Indifinate leave to remain, then the child is entitled to be registered as a BRITISH citizen and the mother can then apply for a passport for the child. Babies are no longer endorsed on their mothers passport and need to have thier own passport to travel. Of course the passport office will do their checks before issuing a passport.

sorry about that

Where did you apply from, home country or England?

England

nontayo:

Dear Nairaland,

I put in an application to the home office base on family grounds with two kids and my application was been refused and cannot appeal against it due to the fact that am an overstayer.

Am been asked if i want to a judiciary review which i don't know if is going to turn against me. My solicitor advise that i can them for a judiciary review after his pre-action letter. Could my fellow nairaland advise me on this issue pls

Talk to your Solicitor about the Zambrano case or Article 8 right to family life, even people without children are eventually allowed to stay, talkless of someone with 2 children.

Hope you are not using the same Solicitor as the same one that told you to go home earlier though as you have to put in an application for judiciary review within 3 months, so hope his pre-action letter is not gonna take forever Exhaust all the possible route available to you before you give in and go back home.

1. As long as one of the child parent is british the child will be issue a british passport regardless of the child other parent status.

2. Your lawyer is right, you can't apply for Leave to remain in the uk when you don't have any status.

3. At of the moment there is risk of getting married in the uk without being pick up, although people do apply for COA from the homeoffice to get married, but they still have to go home to apply.

4. Living together is not very strong as marriage, the moment you are married your overstay won't matter as long as you meet the other immigration reguirements.

5. The sooner you start the better.

good luck

The main issue is that your partner is on maternity leave and you need to prove that her income alone can support the family so you will not have to relay on public funds. Your child is British since he was born here and your partner is obviously British or you would have no grounds for the application. You should go home with your partner and get married then apply. Make sure you can prove that you can live in the UK without using public funds.

@worry the poster is right if his child mother is british the poster has the right to redister his child name , i went through the same issue but not in uk anywhere.poster instead of going back home is there no chance for you to get out from uk to countrys like portugal, spain? get maried with ur child mother you will get five years statu there after that you can reaplly back to uk from spain i had friends that made it, going back home might be at ur own risk cheers

Hello everyone, can you guys help me out with quotation of how much it would cost for a new model 3 bedroom 4 flat building please. I have already secure the land and would like to know how much it would cost from pegging to roofing. If you don't mind I would need a break down please including cost of labour and contractor. Thank you all.