Problem with suspected illegal immagrant in the Uk?
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Problem with suspected illegal immagrant in the Uk?
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To kick it off, my friend ( a british citizen) happens to be engaged with a lovely bloke whom I know is from India, however since the goverment in the UK brought out the fee for anyone caught providing work to illegal immigrants, he hasn't had a job. I have questioned her about it but she blank denies it. I now know my friend + her fiance and two kids (of whom he is the biological father) are really struggling getting by on her wages, which she denies but having helped her with finances before (when he was working,) I know all she's getting is child benefit + her wages which are barely above minimum wage. And to my own opinion in life, I don't know how they are getting by, I happen to have found out some information about LEGAL immigrants though and realised most of them can't claim many benefits whilst staying in the UK they must provide for themselves, Im not sure what she is doing but I think she is also on the edge and not asking anyone for help due to him being illegal and fear of deportation (we both know a close friend who tried for asylum but got deported on failiing), I really want to help her. Im hoping to get some good advice on here and show her this question I have asked. Please, if you are going to post insults / negative information about him being illegal don't bother posting at all . . he has children who are british, and i think thats as good as any reason for anyone to stay here. Im asking if anyone has any past experience on immigration cases? Especially those of the partnerships being half british half non eu, and with kids? Would she have a good case or not? And whats the chance of him being deported?
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Response to Ju s - No he's not here for a visa. I have known him and her for years, before they had children. And although he might have landed her in it by doing so and not correcting what he did wrong I don't beleive his intentions with her are for a visa. and response to the second reply. The kids have been registered with his surname which I have no idea how to pronounce lol and he is on the birth cert aswell yes
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JSmith
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This is so easy, why dont they both just move back to India. There problem solved. |
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SEC ONE
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While his status is illegal he is breaking the law and if he is caught then will be subject to arrest placed in a detention centre for illegals and be subject to deportation, if this man was sincere in his motives for being here or his reasons for being with your friend then he should have addressed his immigration status a long time ago and not left it to get to this point which weakens his motives and defence for staying here, because he has two children by your friend who you say is a British subject does not automatically qualify him for a permanent stay in Britain. |
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None
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very likely to be deported, having kids while being an illegal isnt reason to be given leave to stay
isnt it obvious his only reason is to use her to gain a reason to stay? |
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jimquk
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Ok, first of all they CANNOT get married in the UK without Home Office permission, unlikely to be granted. And unfortunately the fact of having UK citizen children is NOT a guarantee of being allowed to remain. There have been many sad cases of families being split up in this way.
To give more advice, we would need to know things like how long he's been here, what kind of visa he came on, etc. Basically, they need to go to a solicitor or law centre to get detailed advice. There may be ways around the problem: someone here for 14 years without any negative decision will normally be allowed to stay; the spouse of an EU citizen should be allowed to live with that citizen if they are working in another EU country (but, bizarrely, not their own country). so if the UK citizen were legally married to the Indian (for example, him having returned to India for the purpose), and she then went to work in, say, Irish Republic, he could go with her and obtain in due course Permanent Residence of that country. But you really need good quality legal advice about these options.
You could suggest that your friends look at discussion boards like ukresident.com or immigrationboards.com |
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Helen S
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They need to get married. If she was born here and their two children were also then there's not much chance that he will be deported. Unless his name is on the childrens birth certificates they are going to have to have blood tests to determine that he really is their father and entitled to live with them. Being honest is always the best policy. |
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