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Overstayer with British citizen child and British partner.

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flagonflagon
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Overstayer with British citizen child and British partner.

Post by flagonflagon » Mon Nov 24, 2014 9:52 am

Hi all,
I would like to know what visa I should be applying for? I came to the UK as a student and was legally in the country for 6 years until 2009. Since then I have been an overstayer. I have been with my British girlfriend for over 3 years, we live together and we have a 1 year old child who is a British citizen. My original intention was to leave the UK and return to Africa but my girlfriend has begun a university degree and so that is no longer a possibility, for at least the next 3 years. I would like to regularise my stay. I spoke to a solicitor based in London who said his firm could help me but I'm not sure what application I would be applying for, and frankly I can't afford the £1200 fee the solicitor would be demanding. Can someone tell me which application I would have to make? Is it FLR (FP)?
Thanks.

MPH80
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Re: Overstayer with British citizen child and British partne

Post by MPH80 » Mon Nov 24, 2014 11:55 am

Yes - but with an unmarried partner (relatively short term) and a very young child - it's unlikely to be an easy ride - you're likely to have to get it through appeal rather than from the first application.

You'll probably need to find the money for the solicitor and the additional fees for the appeal(s).

The positives for your application are 11 years in country, a partner and a baby.

In honesty - it really would have been sensible for your GF to have deferred for a year and gotten the visa legitimately via returning to Africa ... now you can't meet the financial criteria - you've set yourself up for a much longer, tougher, road.

M.

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Mon Nov 24, 2014 12:10 pm

It may have to be, FLR(FP), as you will certainly not be in the position to meet the Immigration status requirement.
Smooth seas do not make skilful sailors

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 2:49 pm

Thanks. Seeing as in all likelihood this will have to go to appeal, do you think it would be more sensible to make the FLR (FP) application by myself and then use the solicitor from the appeal stage? Is there much sense in paying the initial £1200 for help with the initial application if chances are it will be rejected?

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 2:50 pm

Thanks. Seeing as in all likelihood this will have to go to appeal, do you think it would be more sensible to make the FLR (FP) application by myself and then use the solicitor from the appeal stage? Is there much sense in paying the initial £1200 for help with the initial application if chances are it will be rejected?

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Mon Nov 24, 2014 3:10 pm

I believe the solicitor is charging too much, and the problem is, i many of those solicitors that charge a lot are not usually that good.

Your application has a decent prospect, unless there is some criminal offending or appalling immigration history associated with your case.

Which region of the UK are you based?
Smooth seas do not make skilful sailors

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 3:14 pm

I live in Bristol.

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Mon Nov 24, 2014 3:17 pm

Not sure of anyone in Bristol, thought you were based in London or South East, to offer you assistance.

There will be no right of appeal in the event of a refusal, as you do not have an extant leave.

I do believe there is a decent prospect.
Smooth seas do not make skilful sailors

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 3:22 pm

Thanks. Can you recommend anyone in London? It's only a train journey away. I have read the law surrounding FLR (FP) and also the guidelines for immigration officials dealing with applications like mine. It would be very useful however for someone to look over my documents and statements before I submit them, but not have to pay £1200 for that service.

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Mon Nov 24, 2014 3:27 pm

I will not be able to post details on open forum, as it will appear i am advertising. This is against the rules.

Once you have posted 10 posts, i will message you details.
Smooth seas do not make skilful sailors

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 5:35 pm

OK great. I will find more things to write until I have 10 posts I guess :-)

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 6:31 pm

Thanks

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 6:32 pm

Thanks a lot

flagonflagon
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Re: Overstayer with British citizen child and British partne

Post by flagonflagon » Mon Nov 24, 2014 6:32 pm

Thanks very much

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Mon Nov 24, 2014 6:33 pm

Have you got evidence of 2 years cohabitation with your wife?
Smooth seas do not make skilful sailors

redding
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Re: Overstayer with British citizen child and British partne

Post by redding » Mon Mar 23, 2015 5:05 am

Friend Been in uk 13.5 years. Overstayed about 10 of it. Have a British partner for over 7 years and a 4 year old child what can be done to regularise status

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Wed Mar 25, 2015 1:09 am

Make an application.
Smooth seas do not make skilful sailors

redding
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Re: Overstayer with British citizen child and British partne

Post by redding » Wed Mar 25, 2015 10:52 pm

Any advice Obie as its pure confusion at the moment. What's the best way to put the case forward and what proof of living togather as British partner pays all bills. Only have bank statements in separate names. Statements from debt companies. Gp NHS card . also could amazon account purchases be used. Details not on tax credits etc.

Obie
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Re: Overstayer with British citizen child and British partne

Post by Obie » Wed Mar 25, 2015 11:09 pm

That is slightly complex matter for which you may require legal assistance, as it appears you will not qualify as partner.
Smooth seas do not make skilful sailors

redding
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Re: Overstayer with British citizen child and British partne

Post by redding » Fri Mar 27, 2015 3:28 am

What would qualify one as a partner? They live together for years and have a 4 year old.

Deewani
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Re: Overstayer with British citizen child and British partne

Post by Deewani » Fri Mar 27, 2015 7:27 pm


east579new
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Re: Overstayer with British citizen child and British partne

Post by east579new » Sun Mar 29, 2015 1:13 pm

flagonflagon wrote:Hi all,
I would like to know what visa I should be applying for? I came to the UK as a student and was legally in the country for 6 years until 2009. Since then I have been an overstayer. I have been with my British girlfriend for over 3 years, we live together and we have a 1 year old child who is a British citizen. My original intention was to leave the UK and return to Africa but my girlfriend has begun a university degree and so that is no longer a possibility, for at least the next 3 years. I would like to regularise my stay. I spoke to a solicitor based in London who said his firm could help me but I'm not sure what application I would be applying for, and frankly I can't afford the £1200 fee the solicitor would be demanding. Can someone tell me which application I would have to make? Is it FLR (FP)?
Thanks.
Haven't been on here for a while but saw this and it seemed quite close to the situation my partner was in,as obie said put in an application, as this starts the process of getting you back into the system you cant hide forever it will solve nothing.

As obie said proof of 2 year cohabitation is important if it really is a struggle for you to provide certain documents then you may have to wait a little until you have a better paper trail etc, but at the end of the day you are here illegally so as immigration are aware your not going to have your name on everything as again point this out to them.

Yes you have made a mistake overstaying but you cant change that now(and i imagine you are sorry for this) and you have a child a Parent never leaves there child and family PERIOD.

I believe a solicitor in this is important as they can argue the case law for you better, but as i said get in than mindset you are not leaving your partner and your child, you are a family and family's stick together they do not separate.

This must be a great strain to you and your partner maybe she should talk to a medical professional as i can imagine it may be making her depressed its good to talk are you with me?

Remember the application is at the home offices discretion so you never know you have everything to gain :D

As for removal i was once told by our solicitor when there is a British child involved Home office enforcement are very reluctant to get involved.

And on a side note - Capita Private bounty hunters on a pay by results model IGNORE them the milkman ha more power.

redding
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Re: Overstayer with British citizen child and British partne

Post by redding » Sat Apr 04, 2015 7:04 am

This forum is the best. Happy Easter

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