Pregnant woman needing help

[cherrysorra71]

Hi it's me again. I just want to share this and looking for advice as well. One filipina I know is sharing her problem about being pregnant. Her English boyfriend wants her to abort the baby because he doesn't want it. In short, their relationship ended because she's pregnant by him.

The problem is she's 3 months' pregnant and she wants to know her rights in the UK. First, she was on a student visa but this expired a long time ago. As she never renewed it, it's like she's illegal here. But her passport has not expired yet. And she doesn't know what to do. I don't know what exactly her rights are here. Can you please tell me what she should do in her situation?

Regards

[marksroomspain]

Hi it's me again. I just want to share this and looking for advice as well. One filipina I know is sharing her problem about being pregnant. Her English boyfriend wants her to abort the baby because he dont want it. In short, their relationship ended because she's pregnant by him.

The problem is shes 3 months' pregnant and she wants to know her rights in the UK. First, she was on a student visa but this expired a long time ago. As she never renewed it , it's like she's illegal here. But her passport has not expired yet. And she doesn't know what to do. I don't know what exactly her rights are here. Can you please tell me what she should do in her situation?

Regards

Basically she's an overstayer and, as you've said, illegal.

Honestly, she should return home before Immigration catch up with her, as she will be banned from re-entering the UK for 10 years if they do.

But, on the other hand, if she leaves voluntarily, the penalty would be less severe.

We do not have what's called an 'anchor' situation in the UK, unlike the US has, which means if the child was born there, it would be an American citizen. But that is not the case here, so the child would only be a Filipino national as the parents are not married. Hence no legal right of stay.

I am sure others will come along and give more advice. Sorry if that's not what your friend wanted to hear...:cwm25:

[Tawi2]

Her visa was issued by the British Government but has expired. Her passport is irrelevant as its Pinoy issued. She is illegal, that's her current situation. The visa expired a long time ago but she is only 3 months pregnant?

Just another illegal playing the system, no better ... no worse than a million others who think they have "rights" because we're a soft-touch nation :NoNo:

[Harry T]

What are her rights? Basically she doesn't have any rights as she is illegal. If she does as her Bf wants and aborts the baby, she will need to go private. The NHS will, I believe, want proof of her status.

I really think she needs to be careful about this. I'm not sure that your friend even has a Doctor, so that she gets the anti natal care that she needs. Then again, there is the situation of/if there are complications.

As to her immigration status, she is illegal - there is NO escaping that fact. She can't legally marry while she is here. She cant legally get a different visa while she is here, and she has NO options other than to either remain as she is - with the dangers it can bring with it - or return home. Sorry, it's probably not what she wanted to hear, but the situation is entirely of her own and her BF's making.

All I can suggest, is that she contacts some organisation like these:

http://www.migranthelp.org/

http://www.findlaw.co.uk/law/immigration_emigration/asylum/unsuccessful_applications/30747.html

[andy222]

Ok, I think I will get slaughtered for this, but why don't these women take some sort of precaution - or at least get their bfs to take it.

Obviously this English guy is an :action-smiley-081: for not facing up to his responsibilities. Like has been said, she needs to go back home as soon as possible before Immigration catches up with her. :cwm25:

[grahamw48]

I don't think Catholics are permitted to use contraception Andy....assuming that the lady in question is of that faith. :cwm25:

[fred]

If she continued to stay illegally and had the baby in the U.K..Whats the baby`s status?

[Terpe]

If she continued to stay illegally and had the baby in the U.K..Whats the baby`s status?

Unlike the US just being born here doesn't mean automatic citizenship. One of the parents needs to be British or 'settled'.

Makes the legal status of such children highly questionable in law.
There's been a number of media reports of such children being denied basic rights.

[fred]

Unlike the US just being born here doesn't mean automatic citizenship. One of the parents needs to be British or 'settled'.

Makes the legal status of such children highly questionable in law.
There's been a number of media reports of such children being denied basic rights.

I bet its highly questionable!! Although I have learned something today,I`d like to see what an actual judge has said (in regards a child born on British soil) in past cases to set a precedent in law .. Do you know of any?
Thanks Peter.

[fred]

I mean...Lets just say that the girl had a deportation order against her..Then she finds the British Father and hands the child over to his family...Like it or not!! Then whats the status of the child?

[Terpe]

I mean...Lets just say that the girl had a deportation order against her..Then she finds the British Father and hands the child over to his family...Like it or not!! Then whats the status of the child?

It would need to be established who the father is and what legal status the father has.

If the child was indeed proven to be British then Right to a family Life can be claimed to avoid deportation.
She wouldn't need or even want to give the child away.

[fred]

It would need to be established who the father is and what legal status the father has.

If the child was indeed proven to be British then Right to a family Life can be claimed to avoid deportation.
She wouldn't need or even want to give the child away.


Ahhhh!!! Interesting..
thanks.
I wonder what her friend would do now that she has that kind of information?
Sounds to me that the kid would be British if he/she was born in Britain and with a British Father.
No matter what her staus here..The Brit father (If proved to be) has new responsibilities to get used too!

[Arthur Little]

Being born on the Isle of Skye doesn't make a dog a 'Skye Terrier' :nono-1-1: ... unless, of course, the parents are BOTH of that particular breed.

However, in human terms - based on the premise that one of the parents (in this case, the *father as it happens) is English - the unborn child will, at the time of his/her birth, be British by descent ... and assuming paternity can be proven (if, indeed, *he's still traceable) should, in turn, become eligible for registration as a British citizen.

:yeahthat:'s purely my analogy of the situation. But there again ... :anerikke: ... it could be incorrect ... especially if the parents were to remain unmarried.

[fred]

I just did an online citizenship check.
It only says .."I might be"

Check if you're a British citizen
Start again (https://www.gov.uk/check-british-citizen)


1When were you born?On or after 1 January 1983
Change this answer (https://www.gov.uk/check-british-citizen/y?previous_response=on-or-after-1-january-1983)

2Were you born in the UK or a qualifying territory?Yes
Change this answer (https://www.gov.uk/check-british-citizen/y/on-or-after-1-january-1983?previous_response=yes)

3When you were born, was one of your parents a British citizen or legally settled in the UK?Yes
Change this answer (https://www.gov.uk/check-british-citizen/y/on-or-after-1-january-1983/yes?previous_response=yes)


You might be a British citizen
You might not be a British citizen if both the following apply:


you were born before 1 July 2006
your parents weren’t married when you were born (and aren’t married now)

You’re a British citizen if this doesn’t apply to you. You don’t need to register or naturalise, and you can live in the UK and get a British passport.

[Harry T]

Yes presuming this Lady is Catholic, they dont allow Contraception, nor abortion, so that's in her favour. She needs to get the father to admit paternity, or somehow to prove he is the father, then if he is a British Citizen there is a strong possibility that she may be allowed to stay. Of course, none of this is easy at the best of times, and it's a darn sight harder to do when you are an overstayer/illegal. Good luck to your friend, Cherrysorra21.

[raynaputi]

I don't think Catholics are permitted to use contraception Andy....assuming that the lady in question is of that faith. :cwm25:

Lol! What an excuse. I know a lot of Catholic women who use contraceptives! :doh

[Tawi2]

The pregnant lady came here as a "student". The smart money says "Bogus student", as I know many Pinays who have come here to "Improve their English" despite Pinas having 90+% literacy rate. I have spoken to enough students who spend £5,000 to get here (yet they could have studied for a Master's degree in English in Manila with that cash). So they can work, stay on doing extra "courses" with the expectation if they stay here long enough they don't have to go home.

The woman is as bogus a student as any Nigerian, Pakistani or any other country that churns out "students" for the developed world market. They then shout about their "rights" :NoNo: She should have adhered to her visa restrictions and her knickers on and there would have been no "problem" which is entirely of her own making.

[Arthur Little]

She needs to get the father to admit paternity, or somehow to prove he is the father, then if he is a British Citizen, there is a strong possibility that she may be allowed to stay. Of course, none of this is easy at the best of times, and it's a darn sight harder to do when you are an overstayer/illegal. Good luck to your friend, Cherrysorra21.

:yeahthat:'s precisely the point made in this extract taken from #13 ... quoting my middle paragraph, viz:-




- based on the premise that one of the parents (in this case, the *father as it happens) is English - the unborn child will, at the time of his/her birth, be British by descent ... and assuming paternity can be proven (if, indeed, *he's still traceable) should, in turn, become eligible for registration as a British citizen.

[Arthur Little]

Lol! What an excuse. I know a lot of Catholic women who use contraceptives! :doh

Yes, :iagree:, Rayna ... I'm sure there are many who do ... and those who don't are either ultra~religious, foolhardy or a combination of the two!

[stevewool]

Silly people - don't they know that having sex may produce babies?