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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 237
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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A friend is in the UK and was on a 6 month visa ending March

Customer Question

A friend is in the UK and was on a 6 month visa ending March 24th, but ended up in a court case with their ex, with an order not allowing them to leave the country with the child. So now they and the child are in overstay (illegal). What is the best action for them to take? They are 1 month over now.
As a side related question:
Is UK immigration / border protection aware of court orders from family court, "Prohibit Steps Orders" preventing children to leave the country? It also appears the parent might be able to leave for a month even with the order in place. In other words, crossing the border with this type of order in effect, will the border people know about the order.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Frantz I replied 7 months ago.
HelloIt is unusual that if there were live child proceedings where the mother and child have limited leave to remain in the UK for 6 months that the court/legal representatives will not have taken the necessary steps with regards ***** ***** immigration statuses and to avoid the risk to them being overstayers. The information you have provided is not sufficient to give a full answer. If your friend and child were in the UK with a visitor's visa for 6 months, it is not clear how the courts will make such an order. Could you clarify the nationalities of all those involved and perhaps give full details otherwise you should seek independent legal advice.
Customer: replied 7 months ago.
Both the mother and child are Uruguayan, and the court did an ex parte hearing without evidence of the mother. And will not allow the 48 hour notice hearing for her to challenge the order, instead making her wait for a fuller hearing later in the month.The court was made aware of the hardship and still would not do a 48 hour notice hearing (as the order requires). It is really odd.The child has no UK process started for being registered as the child of a UK citizen (the father). They were not married at the time of birth, this is his fist time meeting his 3 yr old child.I think she should go to the airport and just leave.
Customer: replied 7 months ago.
The court order was made the last day of her VISA, an attempt to retain her at the last minute.
Customer: replied 7 months ago.
Full story here: http://my.justanswer.co.uk/question/index/cd6f0981c73348bdaa24b546d7daa6cc
Expert:  Frantz I replied 7 months ago.
I am assuming the child was born abroad. If at the time the child was born, father was British otherwise by decent then the child is a British citizen by law. Hence perhaps the reason why the court felt it able to make a prohibited steps order preventing a British child from being removed from the UK. The mother will need to make an application called Parent of a Child in the UK under Appendix FM. Mother will need to explain the circumstances leading to her overstaying. This application should have been made before visa expired.

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