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7 and 12 years in uk overstayed

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abiswaslaw
Junior Member
Posts: 52
Joined: Thu Jun 07, 2012 10:34 pm

7 and 12 years in uk overstayed

Post by abiswaslaw » Sun Aug 16, 2015 9:59 pm

two foreign nationals come in the UK some 7 and 12 years ago with visa and then overstayed. Both are single, they do not have any criminal offence record and want to live in the UK, nor have family member but community friend and close friend since arrival who helps them to survive. What is the grounds, based on that they can be allowed to live? Is freestanding article 8 workable for them? Or Human Rights? What form need to fill up (FLR(O)?

Thank you for your help.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: 7 and 12 years in uk overstayed

Post by Wanderer » Mon Aug 17, 2015 8:45 am

abiswaslaw wrote:two foreign nationals come in the UK some 7 and 12 years ago with visa and then overstayed. Both are single, they do not have any criminal offence record and want to live in the UK, nor have family member but community friend and close friend since arrival who helps them to survive. What is the grounds, based on that they can be allowed to live? Is freestanding article 8 workable for them? Or Human Rights? What form need to fill up (FLR(O)?

Thank you for your help.
Overstaying IS a criminal offence.

Only option is to hang on for 20 year rule and hope removal papers having been issue in absentia in the interim AIUI.....
An chéad stad eile Stáisiún Uí Chonghaile....

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

Re: 7 and 12 years in uk overstayed

Post by Casa » Mon Aug 17, 2015 9:52 am

Without family/children an application under article 8 'Human Rights' won't be valid. Community and friends aren't considered strong ties simply because they enjoy living here, they could have community life in their own country. There is no category of visa applicable to their situation.
Things are about to get tougher, with landlords facing huge fines if they rent property to anyone living in England illegally. There has already been an increase in fines for anyone employing someone without the legal right to work, with a penalty of up to £20,000 per illegal worker.
Where is their home country/countries? How are they supporting themselves here?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

abiswaslaw
Junior Member
Posts: 52
Joined: Thu Jun 07, 2012 10:34 pm

Re: 7 and 12 years in uk overstayed

Post by abiswaslaw » Mon Aug 17, 2015 10:03 am

Wanderer wrote:
abiswaslaw wrote:two foreign nationals come in the UK some 7 and 12 years ago with visa and then overstayed. Both are single, they do not have any criminal offence record and want to live in the UK, nor have family member but community friend and close friend since arrival who helps them to survive. What is the grounds, based on that they can be allowed to live? Is freestanding article 8 workable for them? Or Human Rights? What form need to fill up (FLR(O)?

Thank you for your help.
Overstaying IS a criminal offence.

Only option is to hang on for 20 year rule and hope removal papers having been issue in absentia in the interim AIUI.....
They are Bangladeshi national, supporting by getting help from friend & relative within community. How about private life or article 8 application? Or human rights work for them? Is that flr(o) form need to fill up? thanks for your thought.

abiswaslaw
Junior Member
Posts: 52
Joined: Thu Jun 07, 2012 10:34 pm

Re: 7 and 12 years in uk overstayed

Post by abiswaslaw » Mon Aug 17, 2015 10:04 am

Casa wrote:Without family/children an application under article 8 'Human Rights' won't be valid. Community and friends aren't considered strong ties simply because they enjoy living here, they could have community life in their own country. There is no category of visa applicable to their situation.
Things are about to get tougher, with landlords facing huge fines if they rent property to anyone living in England illegally. There has already been an increase in fines for anyone employing someone without the legal right to work, with a penalty of up to £20,000 per illegal worker.
Where is their home country/countries? How are they supporting themselves here?

They are Bangladeshi national, supporting by getting help from friend & relative within community. How about private life or article 8 application? Or human rights work for them? Is that flr(o) form need to fill up? thanks for your thought.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: 7 and 12 years in uk overstayed

Post by Wanderer » Mon Aug 17, 2015 10:24 am

abiswaslaw wrote:
Wanderer wrote:
abiswaslaw wrote:two foreign nationals come in the UK some 7 and 12 years ago with visa and then overstayed. Both are single, they do not have any criminal offence record and want to live in the UK, nor have family member but community friend and close friend since arrival who helps them to survive. What is the grounds, based on that they can be allowed to live? Is freestanding article 8 workable for them? Or Human Rights? What form need to fill up (FLR(O)?

Thank you for your help.
Overstaying IS a criminal offence.

Only option is to hang on for 20 year rule and hope removal papers having been issue in absentia in the interim AIUI.....
They are Bangladeshi national, supporting by getting help from friend & relative within community. How about private life or article 8 application? Or human rights work for them? Is that flr(o) form need to fill up? thanks for your thought.
Nope.

I'm afraid FLR(O) or FLR(FP) applications would most likely bring them to attention of the authorities and set the removal process going.

I concur with Casa, they should plan for returning home.
An chéad stad eile Stáisiún Uí Chonghaile....

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