Dear Mao:



I can go on for ever with type of question you have asked. What exactly you
mean by what will happen to your friend. Easy answer is that he will be removed
from UK
once he is caught.  Just having a child with a permanent resident is not
enough to get residency in UK.
That said, your friends may have few options but they all depends on what he
wants to do. Most likely he will need to return to his country and apply for
entry clearance, in case he wants to marry this person or live with her as a
partner. I have



First thing first; we need to know, what were the circumstances that he let his
Visa run out? Without actual facts, there are thousands of possibilities. You
did not mention why and how he entered the country. Like you said he is illegal
and that is an offence and he should do something about it sooner rather later.
The immigration laws are changing very fast and most of the time laws are
applied without past history. There are
couple of provisions in Immigration law that can provide him legal stay in this
country. One, if he lived in UK for over 14 years legal or illegal, Second, if
the child has spent 7 years in this country. They may not apply in your friend?s case but like I said, your question
is very much open without specific information.

Can you be more specific before someone can answer you properly?

Thanks
Waheed

Dear Waheed!

Thank you for your input. My friend came in the UK with a visitor visa and this run out because He has choose to be with that mother of his child.

He mention he would like to marry her soon. Do you think the law will allowed him to do so?

Thank you for time.

Remember that no one can stop him from marrying this person but registration or staying here on the basis of marriage is almost a big NO. Most likely he will need to return to his native country as immigration rules do not allow him to stay here and get his residency.  I might be wrong but thats what I know.  Mr. Pron or someone else might be able to shed more light on it.

They are changing laws very fast and if he wanted to marry this person, proper thing was to get permission from the home office and Home Office does not give that permission to Visitors.  He could have come her on the basis of marriage as a Fiance but in my opinion he did not plan this in advance.

I am almost 99 % sure that he willl need to leave UK to get his Entry Clearance. Please do check with others or use a solicitor.

Actually, Waheed, I think they can be prevented from marrying in the UK - in a legal ceremony at least....

They would need a Certificate of Approval from the Home Office, and this would be very unlikely to be issued when one of the parties is not in UK legally. And even if (exceptionally) a COA were to be issued, it would not allow Cappistran Mao's friend to remain here after the wedding. Details here - http://www.ind.homeoffice.gov.uk/applying/generalcaseworking/marriageorregisteringcivilpartne

The only solution is to return home and apply for a fiancé visa from there. Details of the requirements are on www.ukvisas.gov.uk. If they fill in the small form that comes up when they click on "Do I need a visa?" it will bring up the right page. Although the overstay would not exactly help the application, it shouldn't harm it too much, provided that they have strong evidence of funds and accommodation.

regards

Paul

Dear Waheed and P Pron!

I am very gratefull for your explanations which really clarify many points to me.

So no matter the fact that there is an underage child born from someone like my friend the law in the UK disregard this? 

Is there no exception?

One again thank you.

I'm sure there are exceptions, Cappistran Mao, but there would have to be very strong reasons - eg too dangerous for father to return home, or illness on the part of the child - but I'm fairly sure that "I want to live with my child" would not be taken as a particularly strong reason. I think he needs to get used to the idea of going home and starting afresh.
Sorry

Paul

I think we have covered every area and I don't think there is an exception for your friend. That is not to say that there are no exceptions.  There are exception but I don't think there is an exception in your friends case.

UK law is very flexible all they ask is that you be more responsible and do it properly and legally. They just don't want people to get residency because they can produce a child in UK. I know a case where this person is married to British National but they refused him Entry permit on the ground that he illegally stayed in this country.  I think evantually he will get the permit but so far he is just trying and sitting in his native country and wife is in UK.

I am not familiar with your friend but you are, so what do you think will be his exceptional circumstances?

Dear Waheed Malik/ Dear P Pron

Thank you for all I'm trying help because refering to other EU country, France for instance the birth of a child from a couple(married or not) in the case my friend does give automatic right of residency to the illegal parent and this just for the child interrest.

Knowing that the UK is part of EU but abviously it's not the case here.

I think a  British child should not be denied the right to have his parents(both parents) where British child belong to.

I think this rule need to be amended. The French have got it right on this one.

I thank you both(Malik/ Pron) for your time.

I think there are arguments on both sides, Cappistran Mao. I just don't like the idea of children becoming another tool at the disposal of people who want to stay here.

"Can't meet the requirements to live in the UK? That's OK, just have a baby - at the expense of the taxpayer, and you can stay as long as you like..."

Doesn't seem like a good thing to me!



paul

Just to add to the explanation of Paul...



UK
had the same law until people started to take advantage of the situation and
every person started to have children without Residency and then they had to
take action and changed the law. All immigration asked you is to be legally in
this country and then your child will have the rights. If you want to have a
child then you can always marry the person. I am sure if your friends marry
this person now and go to his country and apply for Entry Clearance then he
will get it so your argument that this is preventing him to live with his child
is wrong.  There are procedures and rules which should be followed. I
think your friend was following it because he did get a visitor visa to come
here.



UK
law does not prevent children from living with their parents.  Parents are
welcome to take them to their own country.  After all a child, year or two
old has no saying in it anyway.  I am sure you will see my point and agree
with it.



Most of us on this forum were not born here but living here with our children
and went through same situation. All your friend has to do is follow the law
and he will be back very soon to take care of his child if he so desire.

My friend is illegal(visa run out) in this country.

He has a baby born recently from his relationship with a woman who is permanent resident in the UK.

Could someone tell me what should happen to my friend?