we have been living together for the past 2 years and have a son. Is there anyway he could stay in the country legally now? We would like to get married, but how can we prove that it will be a legitimate marriage?
2007-02-14 10:42:28 · 8 answers · asked by sheryl a 1 in Politics & Government ➔ Immigration
.....wow......
2007-02-14 10:54:17 · answer #1 · answered by Kunta Kinte 2 · 1⤊ 0⤋
Every answer I read thus far is rubbish. As a foreign national he will require a certificate from the Home Office to confirm his UK status is legal before he can marry ANYONE. This is not obviously going to happen. His paying of taxes, good character etc are not relevant. He is a common or garden overstayer - to be frank - and any application to remain will therefore be out of time, likely to be refused and without the right of appeal. And it will cost lots of money to lodge. I suggest he leaves the UK before he gets caught and served with papers as an overstayer. He can then apply for a visa to return as a fiancee - or you can go to ZAF, marry and then he can apply for a spouse visa to return. Alternatively he can declare himself to his local immigration office and they can look to deal with his repatriation - and again he can then approach the local British Embassy to seek entry clearance to return. In short - there's a nasty hurdle to get over before any settled future - he MUST leave and get his clearance sorted. I would absolutely avoid approaching lawyers. They will take your money in a flash but they will be highly unlikely to win a positive in-country outcome.
2007-02-17 02:31:45 · answer #2 · answered by Frisky 5 · 1⤊ 0⤋
Get married, asap, go to your local council office for this. Jasbir is right. Get those documents. Does the child's birth certificate state his name as well? Use that also. Get yourself a lawyer. Pick up thenTNTMagazine to get some that are used to working with South Africans on working holiday visas.
Good luck.
2007-02-14 21:23:31 · answer #3 · answered by DolphinLami 4 · 0⤊ 0⤋
I was going to answer, but nicholas has said everything spot on.
It will be near imposible to process your boyfriend here in the UK, he needs to go now back to SA, and start the process all over.
2007-02-17 22:03:25 · answer #4 · answered by ? 5 · 0⤊ 0⤋
well, if you can prove that he's been living with you continuously for 2 years, paying taxes, paying bills, the rent, paying National Insurance, etc there should be no problem...
but you definitely need to get married right away...
good luck
Philip
2007-02-15 03:52:22 · answer #5 · answered by Our Man In Bananas 6 · 0⤊ 0⤋
IANAL but I would advise you to get one fast. If you can prove you have been in a relationship with him and this naturally progressed to marriage and a child they would be hard pressed to kick him out as it would be incompassionate to do so. I assume you have things like tickets, bills, leases, etc... that show uve been in a steady relationship? Use those and get to a lawyer
2007-02-14 11:00:34 · answer #6 · answered by jasbir h 1 · 1⤊ 1⤋
So your saying the man you have a child with lied to you about this the whole time!!! harsg. no idea what u shud do
2007-02-15 03:50:40 · answer #7 · answered by Minnie Me 2 · 0⤊ 0⤋
First they deport him back to SA and then you can start the procedure for him to return, that is if he's white, if he's not he can ask for refugee status maybe?
2007-02-15 07:28:12 · answer #8 · answered by Bossie 2 · 0⤊ 0⤋