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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am living in the UK. I came over in 2012 on a student visa.

Customer Question

I am living in the UK. I came over in 2012 on a student visa. I studied and got my degree. During this time i meet my partner and we got engaged. I then used an agency to renew my visa and paid over £5000. I was given paperwork on Headed Home Office paperwork stating that i have leave to remain. It then came to fruition that this was all fake documents and i have now over stayed. Visa ran out in 2014. Since this all came about i have given birth to my son here and also had an indian wedding ceremony. I do understand that this is not recognised in the UK. I have looked online and seen that i might be able to apply for a visa based on my relationship with my partner. Please can you advise as to what route i need to take, what the application is called. Also what do i do about my son.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Buachaill replied 2 years ago.
1. Here is a link to the form you can use to obtain a visa to live in the UK WITH your partner. YOu can apply on the basis of your existing relationship with your partner. As part of this application, your son can apply as "family of a settled person". Can you better explain the situation of your son. Is he the child of a UK citizen, OR a child of your partner, or where was he born and who was the other parent? PLease also note that it is necessary to rate the Answer so that your expert gets paid a share of the monies you have deposited with the website. I note that you have only rated 3 of 8 questions you have answered. This is probably the reason your question has sat here for so long.
Customer: replied 2 years ago.

The chi;ld is mine and my partners. He came over age 6 and did schooling and has naturalisation this way. Does he have to the the above application on my behalf and our childs?

Expert:  Buachaill replied 2 years ago.
2. If your son is naturalised as a UK citizen (if this is what you mean by naturalisation), then he no longer needs to apply for a visa. So he does not have to be part of your visa application. The application would be in your name and your partner. Both need to be part of the application.
Customer: replied 2 years ago.

Does my partner need to be on the application even though he has a UK passport?

Expert:  Buachaill replied 2 years ago.

3. Your partner is not seeking a visa for himself as he has a UK passport. However, he must join in the application to get you a visa as you only get one based on your relationship with him. It is the fact he is a UK citizen and he wants you in the UK with him as part of his family that you get the visa.