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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hi i need some advice about immigration law so i can apply

Resolved Question:

hi
i need some advice about immigration law so i can apply for my case is there anyone to help plz
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
What do you need know?
Kind regards,
Tom
Customer: replied 3 years ago.

hello how are u thomas thanks for the contact

my story is ,

i came to uk in 2011 and had about 16 months visa after visa ran out and i didn,t apply to renew

and didn,t go back to my country as well so i got involved with my girl friend and we stayed together about 1 year

now the situation is we have got baby and my girl friend is under social services in short words she is bringing baby home soon and i will be able to live with them and can see and support them without any problem but i need to make myself legal somehow to get proper education and job and to support them as much i can

what do you think is the best option for me whether to fight or stay quite and continue.

Expert:  Thomas replied 3 years ago.
Hi,
How long have you lived with your girlfriend in a loving relationship together?
Is your girlfriend employer and, if so, at what salary?
Kind regards
Tom
Customer: replied 3 years ago.

We lived together for one year

and she is not employed atm

Expert:  Thomas replied 3 years ago.
Hi,
Are you still in a loving relationship with her as a loving couple?
What nationality is she please?
Tom
Customer: replied 3 years ago.

yes we are still together and she is english

Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you are still together then the home office would view that if you make an application for a visa then you should make an application based on your relationship with your girlfriend.
However, there are difficulties with this.
The first is that in order for you to be regarded as an unmarried couple for the purpose of applying for a spouse visa you must have been living together for a period of two years. Obviously you have not yet reached this and must wait until you do.
The second is that in order to be eligible for a spouse visa as an unmarried couple you have to comply with the financial requirement, which is here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
Unless you have access to savings of over £16, 000.00 then you would have to show that your wife earns an income of over £18, 600.00 in order to be eligible. This can be from employment by your wife.
Even if you were able to solve the above two difficulties then you still do not have leave to remain in the UK, which means that the home office would have a general ground to refuse a visa application you make as an unmarried partner. They would require you to return home to make the application, which you could attempt to fight by appealing but you would need a lawyer to act on your behalf.
Basically, unless you are able to live with your partner until you reach the two year period AND she is then able to be employed for a period of 6 months at a salary above £18, 600.00 then your options are very limited. However, if you are detained then provided you can show that you are the father of the child and involved in their upbringing then the actual chance of them being able to deport you is reduced hugely.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Thomas and other Immigration Law Specialists are ready to help you