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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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hi, i am a nigerian, i have a valid visitin visa, i have been

Customer Question

hi, i am a nigerian, i have a valid visitin visa, i have been traveling in and out of the uk since year 2000, in 2007 i was given a 5yrs visa which ran out last year. i applied in nigeria for a renewal and i was refused as i did not disclose a vital information which was not declaring a name i gave wen stopped by the police in 2004. anyway i asked for a review and i was granted a 6months visa as i put to thier notice the police told me not to make use of the name i gave again. now in the uk on this 6months visa, my girlfriend just put to bed which was why i was heager to be back to the uk so as to be her birth partner and suport her. now we have a beautiful baby and a growing family. my girlfriend already has 2 kids from her previous relationship so leaving her alone to go back to africa will not be a fare and proper decision. she is british so is my child and the other 2 kids. i was told and read on the uk border website that i can apply for some form of work permit as i have a british born. i intend to marry my woman as we both love each other but the later we can wait the better and more elaburate we can make the wedding ceremony. but if we have to get married as soon as so that i can stay with my family i geuss that is what we have to do. pls advice me on the best way to go about it and the best application to make so i can be eligible to work and live in the uk to take care and build my family.
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Thank you for your question. If you are here on a 6 months visitors visa then I am afraid you are not eligible to stay here on any other basis and any application you make to remain in the UK will be refused. The fact that you have british child is not by itself grounds for permission to stay . There are provisions that enable people to apply for discretionary leave on grounds that they have established a family life but this would not apply to you a a short term visitor. The only way you will get permission to be in the UK at the moment is to leave and apply from Nigeria for permission to come as a the partner of your girlfriend or apply for a visa to work.

if you apply in the uk you will be refused and further more they may consider that you have misled them as you came ot he UK as a visitor knowing that your girl friend was about to give birth. So the UKBA is likely to consider you never had any intention of leaving and that could make it difficult to apply again.

I can only advise you to leave and file a proper application from Nigeria - if you show the intention to comply with the rules you are more likely to get a favourable outcome
Customer: replied 3 years ago.


a friend of mine out stayed his visiting visa and he was in similar situation he got married and had a child and he was granted awork permit applying from uk. so i believe there is a way out. what if i take a trip to nigeria and then back ? then i apply because in nigeria different things happen, they might delay my application, it might take years to come through and then i am missing on my child's growth. we cannot relocate to nigeria as she has 2 kids that are already use to the system. i believe there must be a way. we plan to get married. what if i out run my visiting visa then im illegal and not on visiting visa, can that be another way ?

Expert:  Senior Partner replied 3 years ago.
It is perfectly possible that if your friend had been here for some time he might have got permission. However he would not have been able to do this after 6 months. Further more the law has recently been changed. If you overstay and get married then if you evade the authorities long enough to establish a family life then it is possible to se the human rights legislation to get leave to remain but the current government is extremely hostile to this and has recently announced legislation to prevent it. If you want to stay illegally and fight the authorities that is up to you but I do not recommend it - in the current climate you might be deported and then barred for 10 years. Also you will not be able to work legally.

It should not take very long to apply as a partner if you meet the criteria and file the application correctly

You could apply for a visa to come back and marry and then you can apply for permanent leave.

The rules are here: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/
Customer: replied 3 years ago.


i have been coming to the uk for 13yrs now, for the past 2yrs i have been coming more regularly. the 6months visa is not the first uk visa i am getting. and my friend did not stay up to 2yrs before applying. my partner is on marternity leave she is not earning 18,000 per anum, she is on 17,600 and knowing the government they will frown on this. i ve seen alot of people get stock in nigeria because of 1 or 2 things, and i have seen more people get possitive quick result applying within the uk. i have a legit family and i dont think i can let a woman juggle between 3 kids all alone just because of immigration barier. obviously i am concern about breaking immigration law, hence why i am asking all these questions. if being in a relationship for 2yrs, getting pregnant and getting married is not enough grounds to prove family ties then the law is a joke then, the law should help people that actually need the hel and i think i fall into that category. ive bee coming in and out of this country for 13yrs ive never taught of staying and now that ive got an authentic reason well i am going to take my chances.

Expert:  Senior Partner replied 3 years ago.
I have no idea what the detailed circumstances relating to your friend are but I can tell you very clearly that the fact you have been coming to the UK for 13 years is completely irrelevant. If you are here as a visitor you have no right to apply to stay on any other basis. I quote you the following from the UKBA website.
"When your permission to stay as a visitor expires, we expect you to return home. You cannot 'switch' into a different immigration category."

Your application will be refused under the current immigration rules so you will be faced with a battle to stay but it is up to you .

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