12 years legal-illegal status in UK. long story. need help!

[zagoo2000]

Dear all, I'm inquiring on behalf of an old man who (is 62 now) came to uk on a visit visa back in around Mar 2001. He left after few month and visited again around Jul 2002. He left after few months and revisited again in around Mar 2003. His visa expired around Sep 2003. Since then he has overstayed.

I have read about over-stayers:
"From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused..."
http://www.ukba.homeoffice.gov.uk/sitec ... verstayers

What are the options for him to regularize his visa? Please advise.

[Casa]

He needs to seek professional help with this. He may object to being called 'an old man' at 62 by the way.

[zagoo2000]

Thanks Casa. That surely didn't come out right

I can't think of anything except on discretionary grounds (article 8 outside immigration rule has now been scrapped) but then that rule has become a bit complicated. is there still a ray of hope?

[Casa]

I'm not legally qualified to advise I'm afraid. Does he have a family life here with children?

[zagoo2000]

I'm not legally qualified to advise I'm afraid. Does he have a family life here with children?

He has got a son on DLR who has been living in the country for many years. but will that help?

The question is, is he eligible to apply under any rule?

[peppekalle]

I don't think there is a rule which he can apply for leave.He needs to seek legal help as has been suggested(he may qualify for legal aid)Even article 8 is getting more difficult.

[zagoo2000]

I don't think there is a rule which he can apply for leave.He needs to seek legal help as has been suggested(he may qualify for legal aid)Even article 8 is getting more difficult.

Thanks peppekalle, i'm arranging solicitor meeting for him. Could you elaborate a bit on legal aid you've mentioned?

Thanks

[pennylessinindia]

I don't think there is a rule which he can apply for leave.He needs to seek legal help as has been suggested(he may qualify for legal aid)Even article 8 is getting more difficult.

Thanks peppekalle, i'm arranging solicitor meeting for him. Could you elaborate a bit on legal aid you've mentioned?

Thanks

http://www.direct.gov.uk/en/governmentc ... /DG_195314

[zagoo2000]

Thanks pennylessinindia. I will look into that.

Can someone please advise having a member of a family will help?
Thanks.

[zagoo2000]

Once again friends. I am forwarding the whole story to you on his behalf. Please take your time and avise where you can.

My UK Visit and Overstay:
1st visit: 6 months (Aug2001-Feb2002) visit visa issued from Saudi Arabia. I visited on 22nd August 2001 and left in early October back to Saudi Arabia.

2nd visit: 1 year (Mar2002-Mar2003) visit visa issued from Saudi Arabia. I visited around June 2002 and returned after two weeks back to Saudi Arabia.

3rd visit: 6 months (Mar2003-Sep2003) and 1 year Schengen (Mar2003-Mar2004) both issued from Saudi Arabia. I visited around Mar 2003. In August 2003 I visited Netherlands from UK for 3 days and returned to UK. Lastly, my UK visit visa expired around September 2003 and since then I am overstayed.

My Elder Son in UK
I want to let you know that my eldest son is in UK who has completed 14 years in UK in March 2012 and his 14 years ILR application is currently in process. His current visa status is DLR at the moment. His UK record is clean and he has professional employment.

My Wife and Younger kids in UK
My wife was residing in Pakistan with kids. My wife and my family relatives had serious issues with each other in Pakistan. She separated from me and took the younger 3 kids and came to UK and claimed Asylum October 2001. Her current status has been processed under ILR legacy terms. The decision has been made, the UKBA has decided to grant visa (not sure which visa), the security checks have been completed and pictures have been received by UKBA. Now they are waiting for visas being issued. The family’s UK record is clean and they have never claimed any benefits.

What are my options?
I am 62 years and I had Pakistani passport which I have unfortunately lost it. These past years have been the most difficult part for me life as I have struggled to maintain the relationship with my family. I have somehow managed to survive in these difficult times. But Now, I want to stay with the family and kids in the UK. The family has also accepted me. My UK record is clean and I have never claimed any benefits.

I have read about over-stayers new rule:
"From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused..."
http://www.ukba.homeoffice.gov.uk/sitec ... r-1oct2012

So far, I have received one verbal advice, that ‘I have good grounds for an application for leave to remain because of your children, under the new 7 year child rules’ and ‘The overstay is not really relevant.’ Is that correct? Is there a UKBA link that satisfy this rule?

Please advise me as I have not been having sincere advice in my favour. I would really like to know what options I have. I look forward to hearing from you.

[zagoo2000]

someone help please

[Humanity]

Since all his family is here, he might have a good case. That's if they willing to back him up. I think under the new rules if you've spent over 10years illegally , you could still apply for some kind of discretionary leave, if the Home Office thinks it's unreasonable for the person to leave, but you at the mercy of the Home Office not an automatic right. He needs a good lawyer.