(edit title) What else advice please After girlfriend gave birth Options

[humblelove001]

Hello guys,

Its me again,i posted a topic last year of my situation,my pregnant girlfriend and me being an illegal alien,not really illegal though i was actually rejected assylum and failed to appeal but still in sweden anyway.

The issue is that my girlfriend gave birth to our child 3weeks ago and so far everything has been fine,but the issue of me not having any legal status came up,some people advice that i should just walk up to a migration office together with my girlfriend and our son and apply for some on the ground that my child really needs me and also some says if i go i will be sent back to my home country which i dont want,please ladies and gentlemen if you have been in this kind of situation kindly share your experience or if you know someone who has been in this kind of situation,what kind of steps to take and what to do

I will appreciate any helpful advice from you guys
thanks alot

[humblelove001]

???

[Yorkshireman]

It is a common event for Migrationsverket, especially for failed asylum seekers, since the process can take some time.

Having a child does not mean automatic permit, as many would believe, it depends upon the relationship, how long you have been here etc... everything that can show that having the child was not just a means to obtaining a permit.

You have 2 options, stay hidden not good for you or the child, apply for a permit based upon family. They may even request that You return to your home country whilst the permit request is being considered, sometimes they do that. Especially since You did not comply by leaving when the asylum application was rejected.

Actually, whilst I think about it, a 3rd option would be to get a valid job, and apply for a work permit, then later apply for the family based.

But, they are also not heartless, and do often make exceptions even for those that have been here illegal for some time.

The choice has to be Yours, not an easy one.

[byke]

Just out of interest, how does article 8 of the human rights act hold up in such cases?
I know in the UK there has been great debate regarding this as it has led to many illegals being granted residency through such and also as a tool for delay.

[humblelove001]

@Yorkshireman,I think I have hidden enough from them and having this child is not something we do for the sake of having permit it happens and we decided to keep it,we have been in a relationship before I even had my assylum case rejected,that I can prove.

[humblelove001]

more advice guys...

[Yorkshireman]

Hope you don't mis-understand, in the majority of cases they will give a permit. However, do not link the asylum, relationship and child together. Asylum seekers are processed according to the Geneva convention, which is why there is quite a thorough investigation of claims. One main reason behind that is each asylum seeker on average costs the Tax Payer approx 1.5 million SEK per year to support, they only will allow those that truely need asylum.

I suggest applying for a permit based upon family, I am pretty certain it is the only route to take. As said, they will take into account the earlier asylum application, seriousness of the relationship and the fact that a child is now involved. I was just warning that if there is suspicion of child-for-permit, they will seriously look to reject the application. Since You have been here a while and can prove it is a serious relationship, then in all likelyhood it will be granted. If not, then appeal, and it is very likely that the judgement will be made on compasionate grounds

Apart from that, I dont see what you really can do!

btw... if I remember correctly the UK issue is with regards actually deporting the children also? not just a parent?

[mångk]

Just out of interest, how does article 8 of the human rights act hold up in such cases?I know in the UK there has been great debate regarding this as it has led to many illega ... (show full quote)

Just out of interest, how does article 8 of the human rights act hold up in such cases?
I know in the UK there has been great debate regarding this as it has led to many illegals being granted residency through such and also as a tool for delay. ... (hide full quote)

Depends on many circumstances!

But from the OPs explanations, it would be most likely deemed justified for Sweden to deport him!

Article 8 coupled with Protocol 7 article 1 is only valid in circumstances where person is deemed lawfully present in that particular state.

His best bet is probably to do what another poster has suggested.

[humblelove001]

[quote name='mångk' date='27.Jul.2012, 11:53 AM' post='754138']
Depends on many circumstances!

But from the OPs explanations, it would be most likely deemed justified for Sweden to deport him!

Article 8 coupled with Protocol 7 article 1 is only valid in circumstances where person is deemed lawfully present in that particular state.

His best bet is probably to do what another poster has suggested.
[/quote

can you please be specific of what the other poster suggested?? explain please

[humblelove001]

what suggestion??

[humblelove001]

Depends on many circumstances!But from the OPs explanations, it would be most likely deemed justified for Sweden to deport him!Article 8 coupled with Protocol 7 articl ... (show full quote)

Depends on many circumstances!

But from the OPs explanations, it would be most likely deemed justified for Sweden to deport him!

Article 8 coupled with Protocol 7 article 1 is only valid in circumstances where person is deemed lawfully present in that particular state.

His best bet is probably to do what another poster has suggested. ... (hide full quote)

??

[mångk]

Hope you don't mis-understand, in the majority of cases they will give a permit. However, do not link the asylum, relationship and child together. Asylum seekers are proce ... (show full quote)

Hope you don't mis-understand, in the majority of cases they will give a permit. However, do not link the asylum, relationship and child together. Asylum seekers are processed according to the Geneva convention, which is why there is quite a thorough investigation of claims. One main reason behind that is each asylum seeker on average costs the Tax Payer approx 1.5 million SEK per year to support, they only will allow those that truely need asylum.

I suggest applying for a permit based upon family, I am pretty certain it is the only route to take. As said, they will take into account the earlier asylum application, seriousness of the relationship and the fact that a child is now involved. I was just warning that if there is suspicion of child-for-permit, they will seriously look to reject the application. Since You have been here a while and can prove it is a serious relationship, then in all likelyhood it will be granted. If not, then appeal, and it is very likely that the judgement will be made on compasionate grounds

Apart from that, I dont see what you really can do!

btw... if I remember correctly the UK issue is with regards actually deporting the children also? not just a parent? ... (hide full quote)

What is quoted here.

[sometimesinsweden]

Why on earth would you get a girl pregnant if your status in the country is not confirmed? Do you think your kid deserves to potentially grow up without a father in the same country? Why put yourself and your family through all this?

Sure, things happen, but then you need to take an element of self-responsibility in your life and its outcome - you can't expect the Swedish state to look after you and your family.

Appreciate it's too late for this advice now and it may seem harsh of me and not very compassionate but for future reference, it's the selfish 'it just happened' excuse that has ruined childrens lives.

[Svensksmith]

Have to say that I agree with sometimes.

[humblelove001]

Why on earth would you get a girl pregnant if your status in the country is not confirmed? Do you think your kid deserves to potentially grow up without a father in the same c ... (show full quote)

Why on earth would you get a girl pregnant if your status in the country is not confirmed? Do you think your kid deserves to potentially grow up without a father in the same country? Why put yourself and your family through all this?

Sure, things happen, but then you need to take an element of self-responsibility in your life and its outcome - you can't expect the Swedish state to look after you and your family.

Appreciate it's too late for this advice now and it may seem harsh of me and not very compassionate but for future reference, it's the selfish 'it just happened' excuse that has ruined childrens lives. ... (hide full quote)

Well if you should go back and read my post carefully you will understand that i didnt get a girl pregnant just because of my status or something else i am a normal huuman and regardles of my status in sweden i am entitled to have a girlfriend.

And i also quoted that we have been in a relationship even before i got rejected,well it has happened and all i am seeking for is advice,though i do not find what you have written harsh,i understand that you are only coming out from your own opinion i am not having a child for the swedish government and i am not expecting anybody to look after my family talkless of the swedish government.

Waiting patiently for more advice.