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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I was first refused a resident card in my first application.

Resolved Question:

I was first refused a resident card in my first application. Now am pregnant and baby father is British native. Can I apply for a leave to remain in the as a parent to a British baby?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.
1. Dear *****abell, Yes, you can apply for Leave to Remain in the UK as the parent of a UK citizen child. This is a result of the Zambrano decision of the European Court of Justice. However, the child must be born, before you can exercise this right. Just because you are pregnant, this does not entitle you to leave to remain. You must wait until the baby is actually born. However, once the baby is born, you have the right to apply for a visa to live and work in the UK to support your dependent UK citizen child. Be aware that this will give you the right to apply for citizenship after five years lawful residence in the UK under the terms of the visa. So, ultimately, you will be able to gain citizenship by this method.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer as unless you Rate the Answer your Expert will not get paid for answering your question. Be aware that another Expert will provide the Phone Call Service.
Customer: replied 1 year ago.
Hi thanks for the response. Sorry for the late reply been busy. While waiting for the baby to be born will the home office deport me or ask me to live the UK? Also when applying for my leave to remIn will I need to provide a DNA test or will they ask me?
Waiting for your response
Expert:  Buachaill replied 1 year ago.
3. Firstly, Annabell, there will be no DNA test when applying for a visa based on parentage of the child. Once you provide a valid Birth Certificate, Immigration & Visas will not look behind this. Secondly, I regret to say that you are liable to deportation whilst waiting for the baby to be born. However, you have grounds to resist deportation on the basis of Article 8 of The European Convention on Human Rights and the Human Rights Act which provides for respect for Family LIfe. As you are creating a UK family, this would be sufficient to avoid deportation until your baby is born.
Customer: replied 1 year ago.
Ok thanks for the quick reply. Can I still apply for the leave to remain after the baby is born if I am not married to baby dad? And for we decide to get married can I we get married in the UK or will have to marry from my birth country?
Expert:  Buachaill replied 1 year ago.
4. Yes, you can still apply for a visa based on the UK citizenship of your child. Your right to live and work in the UK will not be predicated upon your remainig with the father of the baby. It is an independent right which you have as parent of the child - nothing to do with the dad.
Expert:  Buachaill replied 1 year ago.
5. You can decide to get married in the UK OR IN your own country should you wish. However, there is no need to get married for your visa to be obtained. You should apply for your visa based on your UK citizen child once born. Then you can decide at your leisure whether you want to get married or not. Whether in the UK or your own country. Please Rate the Answer.
Customer: replied 1 year ago.
That's great thanks.
When applying for my leave to remain in the Uk after baby is born which type of application form will I need to use cos I understand each application has a particular form to use when sending any application. Secondly, Is it possible to divorce in the UK with a foreign marriage certificate or can the divorce only take place in the country where the marriage took place? If yes how long will it normally take to get the decree absolute divorce certificate?
Expert:  Buachaill replied 1 year ago.
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