American woman w/o visa to be deported...

after getting married and getting pregnant.  Was just here on a visitors visa and thought it would be fine:

http://www.guardian.co.uk/uk/2011/jul/17/john-jessica-nicholl-vince-cable

Oh dear....That poor family.

My initial reaction was the same as abbygirl's.  But then, so many on UK-Y have gone through hardships with their SOs (disabilities, depression, illness, death) but have still gone through the proper route to live here despite it all.

They must have had at least an inkling that it wasn't OK to settle on a visitor's visa.  The article says it was when they started to investigate the visa / immigration process that they realized what was involved.  So why investigate at all if you thought it was OK to marry, settle, and start a family as a visitor?

I do feel badly for them though.

I feel really bad for them as well.  But at the same time, she should have looked into visas ahead of time.  Ultimately the individual is responsible for knowing.

If only she'd found us first! 

This story brings out the Libra in me, as I see all sides having a valid point.

It seems like the authorities recognise that this couple have a genuine relationship.  When criminals can stay here because returning to their country of birth and breaking family ties in the UK would violate their human rights, why can't an exception be made for this couple?  It looks like their visa application would be approved, so why not let them do it from here?

On the other hand...she is lucky they are not in the US trying to do this for her husband.  I have a friend whose daughter married a Mexican citizen who stayed in the country after his student visa expired.  The authorities caught him after the marriage, and deported him.  They have to wait 10 YEARS before they can apply for his spouse visa, as a consequence of his actions.  At least the UK couple don't have that kind punishment hanging over their heads.  And as others have mentioned, there are rules and really, the UK rules are not that onerous compared to the US to bring in a spouse.

My heart goes out to them on the loss of their daughter.  I hope they get this resolved quickly.

People in the UK have to realise that this is a consequence of very rigid visa regulations, and stories like this are just going to become more common.  I agree that others have suffered as bad or worse than she has while actually following the law, but I think it's only when stories like this come to to the attention of the media that we have a chance to counter the tabloid media's representation of how it is to enter this country as a family member of a British person or someone with ILR.  Yes, they should have known better, but obviously a big chunk of the public doesn't know better either, and they call for tighter regulation constantly.  Most people don't begin to have a clue about immigration regulation in this country outside of what's screamed at them from the headlines of a red top or The Mail or Express.  Or entertainment taking licence with the regulations to make stories that aren't bogged down with years worth of bureaucracy.

I don't even want to get started on the American system.

I agree with all sides here: Yes, she should have done her research before going out there and creating a life for herself. The UK government sets rules for a reason and they should be followed. No, I don't think she should be sent back to the US, especially since she has nowhere to live and is willing to contribute to GB's system and waive any rights to public assistance. Given the unfortunate circumstances it would be nice if she would be allowed to stay and file for her SV, but we live in a world where life isn't fair I wish the best for this poor couple.

Waving her rights to benefits is a sop to the readers.  She has no rights to any benefits.

I hope it all works out for them.

"I came over on a visitor visa and didn't think anything of it," said Jessica. "We hadn't even realised there would be an issue until after we got married and I had fallen pregnant, which is when we started to look into immigration and visas in depth and realised just how complex and difficult it really is."

This reeks to me. I am certainly sorry for their loss and would rather see her stay in the UK than deported. But when customs makes you feel like a war criminal every time you simply enter the country on vacation, I find it hard to believe that they both had no idea that her getting married would be a problem.

It's really not THAT complex or THAT difficult to apply for a visa, if you go the proper route...it does get that way if you take the wrong path and are forced into a situation such as this. Let it serve as a warning to all!

I hope it does work out for them, though....

"Thought it would be fine?" On a visitors visa?

Sorry if I'm jaded but I have a hard time the OP is telling the truth.

I can't help but imagine the Daily Mail version of this story:  Illegal overstayer compounds problems by admitting a desire to take a British job!

I wouldn't want them to be separated, but this is a total lack of common sense.  Before you visit a country, for vacation or anything you need to check out what you need to get into that country.  On top of that, if she had told an IO at entry that she was there to live with her husband she would have been bounced.  Clearly she knew enough to lie when getting into the UK.

I wouldn't want them to be separated, but this is a total lack of common sense.  Before you visit a country, for vacation or anything you need to check out what you need to get into that country.  On top of that, if she had told an IO at entry that she was there to live with her husband she would have been bounced.  Clearly she knew enough to lie when getting into the UK.

also, do people not read the stamps? They actually say "six months".  Wouldn't that make you wonder what to do if you wanted to stay longer and start investigating? I don't know; I understand not knowing, but ignorance isn't always a mitigating circumstance.

It's not even six months...you're admitted "by a period stated by you."

People have gotten away with shenaginans like changing plane tickets, but what matters is what you tell the IO how long you're staying. And when you enter and leave is all recorded.

either she's trying to game the system, or she's made a lot of mistakes that could easily have been avoided by just doing a bit of reading and not making assumptions.

the UK immigration system is obviously not ideal, but the rules that are in place are fairly visible and they don't exactly make a secret of them.

She did this to herself, and while I have sympathy for her being parted from her husband, she has the majority of the responsibility there.