Emergency Question....

hello all. I was wondering if any of you would know how...OK, let me start from the beginning  :

Lets stay someone over stayed their visa and was kicked out of the UK. Lets also say this person is pregnant by her boyfriend in the UK. If she were to marry him, would she be allowed back, especially if she's pregnant and wants her baby born in the UK? Also, if she's not allowed back, how can they get the baby back to the UK without the mother?

I know this is a strange question, but I'm trying to help someone and I have no idea. Any and all suggestions or ideas are welcomed. 

thanks,
alz 

I would think, and I don't know this for sure, that the best thing to do would be to phone the consulate and ask for advise.  They could file for a spousal(provided they were married) or fiance visa and hope for the best, but that's alot of money to lose.  It'd probably be best to talk to someone.  The baby unfortunately wouldn't qualify for UK citizenship unless they were married. 

I doubt there is a hard and fast rule on this - as a general rule, I think if you are deported you are banned for a certain number of years (5? 10?) but there may be exceptions - your friend would really have to contact her local British consular post or the Home Office for advice, as Mindy suggests.

She hasn't been "deported", they just sent her home. It really sucks too, because she doesn't know anyone there. She only lived there until she was about 10 years old. They didn't even let her go home, they arrested her and sent her on a plane with the clothes on her back and the money in her pocket.

that sounds like a deportation to me; did they stamp anything in her passport? beware of any little black stamps on the back page. do you mean to tell me this friend of yours lived here for many years from the age of 10 and thye still deported her? if so that could go either way, she could make some kind of appeal on humanitartain grounds, on the other hand they could look at her sideways and ask why in all those years she didn't get her visa situation sorted out. Clearly this is a very complicated situation and you should really contact the HO or Embassy direct for proper advice.

Nope, they didn't stamp her yet. What is the "HO"?

HO= Home Office

well if they didn't stamp anything in her passport then that sounds more hopeful but it is impossible to second guess what they would do if she applied for another visa - they don't look kindly on overstayers; if you don't want to contact the authorities directly, you could try the Joint Council for the Welfare of Immigrants (JCWI) they may be able to advise you. Good luck.

I dont have any first hand knowledge of any of this but regarding the baby: the father might be able to appeal to have custody of the baby and thus might be able to apply for UK citizenship for the baby based on that. Im not sure. Its kinda like when people adopt a baby from Korea or Russia and they apply for citizenship for that child. Im sure it could be done. That way at least the baby would live in the UK.

What country is your friend from originally?

She's from Zimbabwe.

Maybe she can apply for refugee status?

She would have to be here to claim refugee status here.

oh. hmmm... I think the best thing to do is contact the UK Embassy in Zimbabwe (if thats where she is at the mo). They will know how to help.

I'm just gonna concur and say that the consulate should be contacted.  This seems like it may be a special case because if this person was 10 at the time of arrival in the UK--a minor-- then it was not her choice to illegally immigrate.  Perhaps some liability may have arisen once she got older and continued to stay on, but the fact that she must have been brought over as a child should be a factor, I'd imagine.

I dont have any first hand knowledge of any of this but regarding the baby: the father might be able to appeal to have custody of the baby and thus might be able to apply for UK citizenship for the baby based on that. Im not sure. Its kinda like when people adopt a baby from Korea or Russia and they apply for citizenship for that child. Im sure it could be done. That way at least the baby would live in the UK.

For  a baby to get British citizenship from his father, the parents have to be married-you can even marry after the birth, but you won't get it unless you're married. 

These might help?

Transmission Requirements for US Citizenship:
http://www.usembassy.org.uk/cons_web/acs/passports/robirth.htm

About UK Citizenship:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=38