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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My partner is in the UK illegally because her 6 month visa

Customer Question

My partner is in the UK illegally because her 6 month visa has expires
i met her and luckily we had a baby together, due to my status in the Uk, our son collected his british passport straigh
My questions are
what could be done for my partner in other to regularise her stay ?
can she apply under the EU law instead of FLR 0
Pls, help me on this questions
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.
Thank you for your question.

What nationality do you hold?
Are you currently employed?
How much do you earn gross?
Have you been employed for 6 months?

Kind regards
Customer: replied 4 years ago.

Am a British

Am not working currently

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

1. She would need to submit an application to the ukba for discretionary leave to remain on the basis of her family life in the UK. What makes this application difficult is that the ukba do not consider any application if the applicant has overstayed in the uk for over 28 days.

If addition, as you are not currently employed, therefore there are issues of maintenance in respect of your partner. Although there is nothing preventing you submitted an application using form FLR O the chances of firstly the ukba accepting to consider such an application and secondly it being granted seem very minimal.

If you still wish to go ahead and submit an application then it would be on the basis of human rights and the fact that by deporting your partner or not grant them permission to remain the ukba would be breaching your human right ie your right to enjoy family and private life. In addition you may wish to mention the fact that it is impossible for you to relocate and move to your partner's home country and also that as the child is British , separating the family would not be in the best interest of the child.

2. Your partner is unable to submit an application under EU law because you are a British citizen, had you been a Portuguese or french citizen then application under the eea regulations would have been applicable.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Expert:  UK_Lawyer replied 4 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards