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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hithis is a position a chinese national who is

Customer Question

hi
this is a position a chinese national who is already an overstayer female wants to stay in this country , she believes that by getting pregnant by an englishman she would not be forced to return to china if she is caught by border control,
having had the child she also believes she would be able to marry the father and thus be entitled to permanent resident status in the u.k.
alternatively could she marry the english person once its established she is pregnant ,
i find this all serial but then some laws are confusing .
my argument is that to marry in this country a foreign national would surely have to produce a passport this of course would show she is an overstayer and any registrar would be obliged to report this to border control end of situation back home on next plane right or wrong ?
assume she was to become pregnant, again i assume she would not be entitled to free n.h.s.facilities or be able to register with them her pregnancy and whether or not the n.h.s are obligised to inform the authorities.
this all seems to me being a bit like tax avoidance and tax evasion one being legal another being not .
so is there a similar situation concerning a case like this albeit morally out of order but within the law.
regards
c d ******
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 6 months ago.
HiThank you for your questionMy name is Clare and I shall do my best to help youIs she actually in a relationship at the moment?
Customer: replied 6 months ago.
yes
Customer: replied 6 months ago.
please can you send the response to my other email address***@******.*** c d gawman
Expert:  Clare replied 6 months ago.
Your friend needs to be aware that simply getting pregnant and having a baby is not a guarantee that she will be allowed to remain in the UK.If she is arrested before the baby is born she will be deported.Whilst she can get married in the UK even now, you are right - her immigration status will be reportedOnce the baby is born then if the father wishes to be a hands on father and can prove that he CANNOT move to China then she has a chance of remaining.You are correct - she will have no right to access public funds - including maternity services.She would have a better chance of remaining if she left the Uk and married her partner elsewhere.Assuming that he has the correct income and her English is good enough they can apply for a Spouse Visa.However she will not be able to apply for Indefinite Leave to Remain until she has been here legally for three yearsPlease ask if you need further details

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