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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 823
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I would like to ask what the implications and options are if

This answer was rated:

HiI would like to ask what the implications and options are if I am in the UK on a visitor visa to visit my fiancee and I have fallen pregnant and my visa is almost expiring or If i overstay it? what are the implications and options that I have if I want to stay because my fiancee is a UK resident?

Can you confirm the nationality of the father of your child? It will all depend on how advanced your pregnancy is and if there are complications preventing you from leaving the UK after your visit. It is important that you do not breach the conditions of your visa.

Customer: replied 1 month ago.
He doesn’t know his nationality but he is a UK resident.
Customer: replied 1 month ago.
My pregnancy is two months old. I wanted to know what the implications are if I overstayed my visa.
And if there is a possibility of applying for another visa after that or after my baby is born. Because the baby’s father wants it here.

Doesn't he know his nationality? You will be removed and refused entry into the UK. You cannot apply for another visa if you have a visit visa.

Customer: replied 1 month ago.
there is no other option?
Customer: replied 1 month ago.
He came to the UK as a kid.
Yes he doesn’t know.
And what happens when I get the baby ?

What is the father's immigration status? The baby would assume your nationality if the father doesn't know his nationality

Customer: replied 1 month ago.
He has an indefinite leave to remain. And he also applied for UK citizenship. Still waiting for response.
So when I get my baby can I apply for a visa ?

OK if the father has ILR when the baby is born you will be able to apply for British citizenship for the baby and then you can apply to remain in the UK

Customer: replied 1 month ago.
won’t there be an issue having overstayed my visa ?

There will be but the rules allow you to make an application on human rights grounds.

Customer: replied 1 month ago.
approximately how long would that take ?

For human rights cases can take more than 6 months

Customer: replied 1 month ago.
Have you done such cases before ?

In practice yes.

Customer: replied 1 month ago.
What’s the difference between overstaying a student visa and visitor visa due to pregnancy?
Is the application different?

There is no difference unless the child is born. If the child is born and the child's father has ILR or British citizenship before the birth then there is a difference.

Customer: replied 1 month ago.
What’s the difference?

The difference is when the child is born, you can apply on human rights grounds.

Customer: replied 1 month ago.
this application can only be made after the child is born right. And how long after the child is born ?

As soon as the child is born

Customer: replied 1 month ago.
To clarify. It’s not possible before that.

correct

Customer: replied 1 month ago.
Thank for the response. I have to go now. will let you know if I have any other question in regards ***** *****

Please rate before you go

Customer: replied 1 month ago.
Can I still ask more questions after rating ?

yes

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