ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

7 year overstayer, advice for legality

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
HP1750
Newly Registered
Posts: 1
Joined: Wed Dec 07, 2011 9:47 pm

7 year overstayer, advice for legality

Post by HP1750 » Wed Dec 07, 2011 9:59 pm

Hi,

I only have the basic details as I'm asking for a friend, who is too nervous to himself!! It really isn't me by the way!!!

He has overstayed his tourist visa (from outsde EU state) by approx 7 years, but at somepoint X years ago during the time, he was engaged to an British woman, who subsequently died (I don't know how or why) .

He now wants to become legal here, only hasn't in the past as he was frightened, then grieving. Now he has come to terms with the death of his fiancee/e (I never get it right ha ha). Also he has now met someone else (British again) & they have a close reationship, so forcing his desire to become legal/naturalised?

So, Do any of the above count as good secure grounds to go to the Home Office / UKBA without fear of being chucked out?

I do know he has been working cash in hand, so not done himself any favours there either!!

As I read the law he should try to leave the UK of his own will & expense, hope he isnt noticed by Immiigration/UKBA at the airport, quietly return to whence he came & then reapply to come back??????

OR, & I don't like the sound of this, but I know he/they're considering it, IF they were to get engaged OR married, would this allow him to legally stay without fear of recrimination? I didnt think that counted anymore as so obviously dodgy, surely we closed that stupid loophole ages ago?

Any thoughts or advice I can pass on, apart from being stupid, frightened & niave, he's a nice bloke, who didnt come here to overstay, but FINALLY trying to do the right thing. He just needs some advice asto the best way to do it. They can't afford a solicitor & I'm THAT good a friend!!

THEN I can get on with googling the strange noise coming from my car haha!

Regards,

peppekalle
Senior Member
Posts: 558
Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Thu Dec 08, 2011 8:32 am

UKBA are not compassionate.Tell him to seek advice from a lawyer to regularize his status asap.

He may be entitled to legal aid.Tell your friend to go to the local law center. http://www.lawcentres.org.uk/lawcentres/ for advice.

He will need evidence of the relationship and how strong it is.If UKBA come into contact with your friend he will be removed within 72hours.

After your friend gets hold of a lawyer i suggest he carries the lawyers contact 24hours a day and mobile phone that is not capable of taking pictures.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Thu Dec 08, 2011 11:07 am

He can marry and then return to his home country to apply for a spouse visa. Assuming he doesn't have any children with his fiancee, an application to remain from within the UK is unlikely to succeed.

Marriage won't change his legal status here.

caributterfly
Newly Registered
Posts: 1
Joined: Fri Dec 09, 2011 11:23 am
Location: london uk

Post by caributterfly » Fri Dec 09, 2011 12:50 pm

hi there,
i am in a similar situation, although i have been here for a few years more, and have decided to seek legal council.
I was advised to apply for discretionary leave, but considering the complexity of the case, you will have to have a solicitor for this.

No_marriage_certificate
Newly Registered
Posts: 26
Joined: Tue Jul 26, 2011 1:46 am

Post by No_marriage_certificate » Mon Jan 30, 2012 1:32 pm

Hi There,
A friend of mine has just narrated the following to me, please what do you advise should be the next line of action? i didnt have a clue what to advise and so i thought i had bring it here.

Scenario
came to the UK aged 11 in August 1999 as a CHILD, applied for settlement for the first time in December, 2010 and got refused by February, 2011. came into the UK with mother but did not state that in application because was advised by the solicitor not to include parents in the application as they were still waiting on a pending application and were thus illegal, BUT unfortunately/fortunately (depends on how we look at it), after the refusal in february, 2011, Both parents pending application turned to a grant of ILR together with younger siblings by end of that same month of february 2011.

Dilemma:

Child stated in application that she was brought to country to live with aunt , and subsequently now lives with another relative (this was not true-wrongly advised). Now how can this application now be changed and adjusted to include parents who now have ILR and siblings who are now British Citizens and have ALL lived together since stepped foot in England????

Current situation:
still lives with parents, will clock 14 years in UK by August, 2013. can anything be done now??? how can this story be changed or is it possible at all?

How exactly can this situation be tackled without opening a can of worms??????

Please moderators and well-informed members, your help will be greatly appreciated on this

Locked