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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can a mother from Thailand be deported after given birth to

Customer Question

Can a mother from Thailand be deported after given birth to twins in this country 7 months ago to a British father , she has enter the country illigally and immigration have her pastport. The children's births and all medical cost have been paid for. Her boyfriend is in full time employment
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

How long has she been in a relationship with the boyfriend please?


Kind regards,


Tom
Customer: replied 2 years ago.
They have with each other for 3 years
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

Basically, if the children are in the UK and are uk citizens living with her boyfriend then she has a pretty good chance of defending deportation.

If she has lived together with her boyfriend for a period of two years and otherwise meets the elibility criteria on the following page then she will ultimately have to apply for an unmarried parnter's visa:-
https://www.gov.uk/remain-in-uk-family/eligibility


The financial requirements are contained here:-
https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions

Basically it means that if you have savings of less than £16, 500.00 then you must have an annual salary of £18, 600.00 to be eligible to apply

The difficulty is that the home office would usually require her to leave the UK to make the application, because she does not have leave to remain here. If she meets the criteria the the fact that she has overstayed or was illegal in the UK is not enough for them to reject an out-of-country applicaiton.

She really needs to see a solicitor about preparing her application for an unmarried partner's visa if she has lived with her partner for over two years.

Kind regards,


Tom

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