Applying for Legacy over 14 years stay

[hajerakb1]

Hi,

I hope someone can help, very worried

My partner applied for his indefinite leave to remain on his EEA visa, but was refused as he did not have any papers relating to his ex wife. The solicitor has not advised he applies with me, i am a british citizen and we have a child together.
My partner asked the solicitor about the 14 overstay and the solicitor said he cant apply for that as he has been refused one application. Is this true and can anybody advice please.

[gads]

U better run away from that solicitor , u can apply under the 14 yr rule as long as u hv documents to bck it up.u can also apply for discretionary leave as partner of a British citizen u need a good solicitors to help u with this good luck

[hajerakb1]

Hi,
I am new here i dont know how to reply. Thanks for your input. The solicitor has agreed to apply with me as his partner which will give him 3 years. We want to pursue the 14 year overstay amnesty, can we do that on top of the 3 year he will be allowed to stay. A

[Kitty]

Hi,

I hope someone can help, very worried

My partner applied for his indefinite leave to remain on his EEA visa, but was refused as he did not have any papers relating to his ex wife. The solicitor has not advised he applies with me, i am a british citizen and we have a child together.
My partner asked the solicitor about the 14 overstay and the solicitor said he cant apply for that as he has been refused one application. Is this true and can anybody advice please.

How long has your partner lived in the UK?

When did he marry his EEA-national wife? When did they divorce? Can he contact her at all, or is she just being unco-operative?

Has he made any other applications in the past to remain in the UK under the Immigration Rules?

Has he ever been notified that he is subject to removal, and if so when?

If he does qualify to be considered for further or indefinite leave under the 14-year rule then you can apply on that basis and ask for discretion to be exercised as an alternative. If you set out your circumstances fully then he may be granted discretionary leave, or at least have solid grounds for an appeal.

[hajerakb1]

Hi Kitty,

Thanks for your reply,

He has been in this country since 1989. He was married to an Irish national from 2004 till 2007 separated, divorced in 2009. She is in not being co-operative, has changed her name and despite our contact and solicitor contact refuses that she ever knew my partner. She still works in the same place when they were married. He basically has no documents to state they lived together. Due to this he was refused the indefinite leave and was given time to appel or be deported.

Solicitor has said there is no valid evidence to appeal, so made the application with me as partner of a british citizen and our child.

As you can understand the frustration and uncertainty, hence we want to pursue the 14 overstay because he has the papers to prove that.

Sorry for the lengthy answer, i hope you can clarify me.
Once again thanks for taking the time to reply. xx

[Kitty]

If he really cannot provide evidence that would qualify him for PR under EEA rules, then I would suggest applying under the 14-year rule (while it still exists).

See Paragraph 276B.

If the only requirement he cannot satisfy is the English language/KOL. then he may be granted further leave to remain instead of indefinite leave, which would allow him time to complete the course whilst having legal status in the UK. Or he could do the tests before he applies.

An application under the long residence rule should also include evidence of your private and family life to support a grant of discretionary leave as an alternative.

If the application is refused, then you can appeal on the basis of the right to private and family life, and I would also suggest that you can include details of his claims under the EEA rules: if it comes down to it it may be possible to apply for the tribunal to order HMRC to disclose tax details showing when his ex-wife was exercising treaty rights.

[hajerakb1]

Hi Kitty,

Many thanks for reply.

Sorry typo. my partner has been here since 1998, so he has been here for 13 years and 2 months now. So can he apply for the 14 year overstay at this time?

We have submitted the application based on our partnership and we were able to provide the all the papers. Hopefully it will be successful and has been told by solicitor he will get 3 years, then another 3 years before he can apply for indefinite leave to remain. If this is correct he will apply for indefinite leave to remain after 20 years of being in the UK, is there any other shorter way we can achieve this?

[Kitty]

If he has already submitted his application, you should just wait for the decision, assuming his solicitor knows the case well and has submitted all the relevant evidence.

If he is granted discretionary leave then the only way to "switch" into a category that leads more quickly to settlement would be for him to leave the UK and make an application to come back as your spouse/partner (if eligible).

There has been some legal argument about how rigidly the 6-year policy should be implemented regarding discretionary leave/ILR, but I am not aware of any successful challenges to it.