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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7430
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My partner is a non-eu citizen. She is pregant with my baby.

Customer Question

My partner is a non-eu citizen. She is pregant with my baby. I am a British citizen (born in Britain). She was here in the UK on a student visa. Her school was closed down and she failed to renew her visa 6 months ago. We wanted to marry before the baby is born but believe this is no longer an option for us. Can you please advise:
a) what her status will be once the baby is born?
b) would it be safer for us to have the baby before attempting to resolve her status?
c) is there anyway we could marry before the baby is born? I am Church of England but believe the Banns rules have changed and we would still need a special licence to marry.
We are obviously very distressed not knowing where we stand and are affraid we could be seperated by the state. Thank you for any guidance you can give.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Thanks for your patience.
Do you earn more than £ 18600 per annum from employment income?
Kind regards
Customer: replied 1 year ago.

Dear *****,

Thank you for your reply. I have my own company (very small). My accountant usually calculates my tax so that I obviously pay as little tax as possilbe. That usually means I only pay corporation tax and my personal earnings is so low I do not pay personal tax. And although I qualify for tax credits and other benifits I have never claimed the benifits. My company's tax is due within the next few months and I will be instructing the accountant to change how he calculates it so my personal income will show I'm earning around £23,000 (to take into account the baby on the way). This will mean my company tax (profit) will be much less but I will have to pay personal tax. By calculating the tax in this way (reducing the corporation tax and increasing perosnal income), I will be several thousand pounds out of pocket but will get the accountant to calculate it like that in order for me to meet the earnings threshold (I hope).

Expert:  Thomas replied 1 year ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Her status will not change simply because the baby is born. She has to make an application to regularise her status.
A person’s Immigration status is no longer linked to the right to marry. This means that a registrar or vicar will be able to marry you both provided that you can prove your identities and give the appropriate notice of marriage.
The chances of her actually be deported reduce once the child is born. If you are a UK citizen and the child is born here then the child will automatically be a UK citizen, which means that you can apply for their passport in the normal way. This will obviously sort out the child’s status.
Your fiance/wife will have to apply for a spouse visa. The webpage on spouse visas is here:
The eligibility criteria is here:-
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
You will note that the requirement in the case of a company director is that you must be able to show that you have received income for the last full financial year above the threshold amount. Therefore. You will have to base your application on the financial accounts that your accountant is preparing now.
The additional complication is that your wife is effectively an overstayer, this means that the home office have a general ground to refuse her visa application. If she could return home and make the application from there then it would probably be quicker. However, if you consider that the welfare of the child may suffer is she were required to do this then you would have to mentally ready yourself to have to appeal the initial refusal of application from the home office, arguing that it would detrimental to the baby’s welfare to effectively require the child’s mother to apply from outside the UK,
You can find Uk immigration solicitors through the following Law Society Website search engine:-
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, Lawyer
Category: Immigration Law
Satisfied Customers: 7430
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Customer: replied 1 year ago.

Hi again Tom, I apologise for the delay in getting back to you. Just to clarify:

1) you are saying there should not be a problem us getting married in the CofE even those my partner is an 'over stayer'.

2) once the baby is born my partner will have a better chance of staying (although she will need to update her status).

Finally Tom, it's the first time I've used such a service. How do you get paid. The value put on the question by the site was £42.00 so once I rate you do you receive the payment? I am very happy with your service.

Kind Regards

Expert:  Thomas replied 1 year ago.
(1) Basically yes. There is no legal reason why they should not marry you. Technically, it is at the discretion of the vicar but you shoudl find that they will marry you if you are able to prove both your identities and addresses.
2) Yes. Ultimately, once the child is born and registered as a UK citizen her chances improve.
Don't worry about rating my answer. You already have.
Kind regards,
Customer: replied 1 year ago.

That's great Tom. Thank you for your excellent assistance. Kind Regards.

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