Guidance/Help Needed for a Ex-Tier4 Student

Zlxtxn7 · Post by **Zlxtxn7** » Sun Jul 24, 2016 4:06 am

Hello everyone,

I come to this website in search of Guidance/help with my case and I hope someone can Please give me some serious guidance on my situation.

My nationality is Pakistani and born in pakistan..however I grewup in Uae/dubai

I entered the Uk/London from Dubai at the age of 18 in Feb 2007 on a Student visa.

I continued my studies as per normal and also went back to dubai after a year for a months holiday in 2008 april.

My visa eventually expired in 2010. My renewal application got rejected after my family business went bankrupt back in dubai as I had no financial backing or enough funds to receive a CAS number. As a result I ended up overstaying for 5 months to earn funds at the job I was employed at at the time to help my family financially and myself.

Now in 2016 I am still overstaying and working to provide funds for my family as I am the only son
My passport is now long expired too.

In these years since 2008 I have been in a relationship too with a girl who is a british citizen but her ethinicity is from India.

After all these years we have finally decided to get married because my parents dint and still dont approve of the marriage due to cultural differences and her parents wanted her to finish her education I.e her bachelors and masters which she has
now.

I personally havnt been to Dubai now for 8 years and pakistan for 14 years. All I know is UK now and this is where I see my future.

I ask all of you for good guidance as now I would like to marry my girlfriend finally but her parents want to me to sort my status first.

I would need help as to what is the best way for me to attain a status within Uk without having to go back to my place of birth since I have no immediate family overthere and the ones I do have a serious hatred towards for being with a girl from a indian background.

My plan for the future is to have a status(leave to remain within UK ) start a family and get employed at a good company and hopefully finished my studies which I was able to due to financial issues back in 2009 and eventually have kids with my future wife.

Over the years I have met a few lawyers but most of them have been very eager to get money out of me instead of helping me or giving me any reassurance.

In the end my family are not on good terms with me at all and all I have in this world is my future wife and her immediate family and I cant leave them because thats family to me now.

Please if someone could give me some good guidance on how to get legal again in uk.

Thanks a million in advance

member · Post by **member** » Sun Jul 24, 2016 5:03 am

Zlxtxn7 wrote:......... without having to go back to my place of birth since I have no immediate family overthere

Does your family still reside in Dubai after the business went bankrupt?

ohara · Post by **ohara** » Sun Jul 24, 2016 8:31 am

How are you working if you have had no leave to remain for 6 years?

noajthan · Post by **noajthan** » Sun Jul 24, 2016 9:31 am

This case sounds vaguely familiar - are you posting under 2 user names? (which is not permitted under Board T&Cs).

noajthan · Post by **noajthan** » Sun Jul 24, 2016 9:38 am

By letting matters slide for so long you haven't made this easy for yourself.

Regarding marriage, you have to give 28 days notice at an HO approved Registry Office. The Registrar then has to inform HO that a non EU national wishes to marry. The notice period can then be extended to 70 days for HO to investigate and interview both parties separately.

If you don't have your passport, you cannot give notice to marry.

If HO are happy, you can get married.

If HO are not happy, then expect a problem. Given your circumstances (as stated), you might not be granted permission to marry as HO will likely conclude that you are trying to find any means to remain in the UK.
You may expect intervention and detention even on day of wedding as reported in a similar case recently.

Even if married, your current and irregular, illegal status will continue to bring all manner of problems in terms of legal employment, access to housing, driving license, also in regard to any ambitions for privilege of citizenship & etc.

If you still believe UK is your future then best bet is probably to return to a place of former legal residence, marry (there or abroad) and then apply for a UK spouse visa;
assuming wife meets all requirements (in terms of spouse visa).

Zlxtxn7 · Post by **Zlxtxn7** » Sun Jul 24, 2016 12:01 pm

ohara wrote:How are you working if you have had no leave to remain for 6 years?

There are alot of ways to work..ull be surprised

Zlxtxn7 · Post by **Zlxtxn7** » Sun Jul 24, 2016 12:03 pm

member wrote:
Zlxtxn7 wrote:......... without having to go back to my place of birth since I have no immediate family overthere
Does your family still reside in Dubai after the business went bankrupt?

They spend some months of the year in Pakistan and some in Dubai.

noajthan · Post by **noajthan** » Sun Jul 24, 2016 12:04 pm

Zlxtxn7 wrote:
ohara wrote:How are you working if you have had no leave to remain for 6 years?
There are alot of ways to work..ull be surprised

But none of which will help you, OP wriggle out of the pickle you've 'surprisingly' got into.

And don't go down route of impregnating gf with an anchor baby. 'Pleading your belly' went out with transportation and the cat'o'nine tails in 18th century.

Wanderer · Post by **Wanderer** » Sun Jul 24, 2016 12:09 pm

Zlxtxn7 wrote:
ohara wrote:How are you working if you have had no leave to remain for 6 years?
There are alot of ways to work..ull be surprised

False papers?

CR001 · Post by **CR001** » Sun Jul 24, 2016 12:18 pm

Zlxtxn7 wrote:
ohara wrote:How are you working if you have had no leave to remain for 6 years?
There are alot of ways to work..ull be surprised

You are working illegally, it is now a criminal offence, you could face a prison sentence and HO can seize your money/assets. This will impact you for many years IF you are able to sort out your immigration status.

https://www.gov.uk/government/uploads/s ... orking.pdf

https://www.gov.uk/government/news/immi ... yal-assent

Casa · Post by **Casa** » Sun Jul 24, 2016 12:18 pm

Wanderer wrote:
Zlxtxn7 wrote:
ohara wrote:How are you working if you have had no leave to remain for 6 years?
There are alot of ways to work..ull be surprised
False papers?

Hopefully not, or they're dead in the water for any future applications.

Zlxtxn7 · Post by **Zlxtxn7** » Sun Jul 24, 2016 12:45 pm

False papers?
Hopefully not, or they're dead in the water for any future applications.

No I can proudly say I have never used anything false to get employement or done anything against the law in this country.

Zlxtxn7 · Post by **Zlxtxn7** » Sun Jul 24, 2016 12:49 pm

noajthan wrote:
Zlxtxn7 wrote:
ohara wrote:How are you working if you have had no leave to remain for 6 years?
There are alot of ways to work..ull be surprised
But none of which will help you, OP wriggle out of the pickle you've 'surprisingly' got into.

And don't go down route of impregnating gf with an anchor baby. 'Pleading your belly' went out with transportation and the cat'o'nine tails in 18th century.

Yes we do want to start a family but we would never go down that route and use our child for me to get a status in this country.

What do you suggest?

noajthan · Post by **noajthan** » Sun Jul 24, 2016 12:56 pm

Zlxtxn7 wrote:Yes we do want to start a family but we would never go down that route and use our child for me to get a status in this country.

What do you suggest?

As I have already intimated, you face possible/likely detention and deportation if/when you file for marriage in UK.
You are clearly a candidate for a marriage of convenience.

As I have already suggested...

If you still believe UK is your future then best bet is probably to return to a place of former legal residence, marry (there or abroad) and then apply for a UK spouse visa;
assuming wife meets all requirements (in terms of spouse visa).

Even if readmitted to UK, you will still face an uncertain longer term future in relation to ambitions of citizenship.

Casa · Post by **Casa** » Sun Jul 24, 2016 1:00 pm

CR001 wrote:
Zlxtxn7 wrote:
ohara wrote:How are you working if you have had no leave to remain for 6 years?
There are alot of ways to work..ull be surprised
You are working illegally, it is now a criminal offence, you could face a prison sentence and HO can seize your money/assets. This will impact you for many years IF you are able to sort out your immigration status.

https://www.gov.uk/government/uploads/s ... orking.pdf

https://www.gov.uk/government/news/immi ... yal-assent

Wanderer · Post by **Wanderer** » Sun Jul 24, 2016 7:37 pm

Zlxtxn7 wrote:
False papers?
Hopefully not, or they're dead in the water for any future applications.
No I can proudly say I have never used anything false to get employement or done anything against the law in this country.

Overstaying and working without permission is a criminal offence so you have broken the law and not in a trivial way.

seagul · Post by **seagul** » Sun Jul 24, 2016 7:57 pm

If your girl friend was EU national instead British then I think you could get EU residence permit without marrying on unmarried partner basis if you prove that relationship. But unfortunately I don't think in case of British national is there any unmarried partner route. I personally think better to go back with British national girl friend and marry there or go to some EU country with her but it's very tiring & hard move. In your circumstances a lot of people were regularizing their status through EU route but at the movement EU routes are also seeming perishable after Brexit.

CR001 · Post by **CR001** » Sun Jul 24, 2016 8:02 pm

seagul wrote:If your girl friend was EU national instead British then I think you could get EU residence permit without marrying on unmarried partner basis if you prove that relationship. But unfortunately I don't think in case of British national is there any unmarried partner route. I personally think better to go back with British national girl friend and marry there or go to some EU country with her but it's very tiring & hard move. In your circumstances a lot of people were regularizing their status through EU route but at the movement EU routes are also seeming perishable after Brexit.

Yes, there is an unmarried partner of BC route, but is is exactly the same as spouse settlement visa with the added requirement of providing with documentary evidence that they have lived together in a relationship akin to marriage for a minimum of 2 years. So exactly the same challenges whether unmarried or married.

seagul · Post by **seagul** » Sun Jul 24, 2016 8:29 pm

Many thanks croo1 for confirming that unmarried route exist in British partner which I wasn't sure before but I think it should be so difficult like putting arm in lion mouth.

CR001 · Post by **CR001** » Sun Jul 24, 2016 8:33 pm

seagul wrote:Many thanks croo1 for confirming that unmarried route exist in British partner which I wasn't sure before but I think it should be so difficult like putting arm in lion mouth.

In the OPs case, any application he tries to make is going to be 'like putting arm in lion's mouth' and likely losing it. The OP has created a very very difficult (and unnecessary) situation for himself and by association, for his partner.

ohara · Post by **ohara** » Mon Jul 25, 2016 9:28 am

Zlxtxn7 wrote:No I can proudly say I have never used anything false to get employement or done anything against the law in this country.

Interesting.

sah10406 · Post by **sah10406** » Mon Jul 25, 2016 11:59 am

[how do you delete a posting?]

Casa · Post by **Casa** » Mon Jul 25, 2016 12:10 pm

sah10406 wrote:[how do you delete a posting?]

Members have 15 minutes to edit a post.

sah10406 · Post by **sah10406** » Mon Jul 25, 2016 12:33 pm

Casa wrote:Members have 15 minutes to edit a post.

I know, that's what I did. But being able to delete a post would be handy too.

CR001 · Post by **CR001** » Mon Jul 25, 2016 12:46 pm

sah10406 wrote:
Casa wrote:Members have 15 minutes to edit a post.
I know, that's what I did. But being able to delete a post would be handy too.

Members are no longer able to delete posts. In the past, once a member got the advice needed, they deleted their posts which left loads of topics completely meaningless, so it was changed.

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