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Illegal overstayer

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Missykm
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Illegal overstayer

Post by Missykm » Sun Mar 10, 2019 8:29 pm

Currently my situation is i am in a impossible situation in a 18 month relationship with a illegal overstayer of arab origin. I am british and expecting a baby in 3 months.
I do not earn £18.600
He has never used nhs or any public service. He is Currently working cash in hand.
We have never made any type of application for a visa. I was advised by a solicitor to definitely not try and register for marriage as this would alert home office also not to add his name to birth certificate as again will alert authorities.

Currently unsure as what to do or whether any visa application will work.
Him going home is not a option as i am without family here and will be a single parent.
Any knowledgeable advice would be very helpful
Thank you in advance

Alam-
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Re: Illegal overstayer

Post by Alam- » Sun Mar 10, 2019 9:49 pm

Please write his full immigration history.
Do you have documents to prove you have been living with him for last 18 months?

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Casa
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Re: Illegal overstayer

Post by Casa » Sun Mar 10, 2019 10:05 pm

Alam- wrote:
Sun Mar 10, 2019 9:49 pm
Please write his full immigration history.
Do you have documents to prove you have been living with him for last 18 months?
24 months for an Unmarried Partner visa. The OP says she doesn't meet the minimum income level. :idea:
(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.

Missykm
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Posts: 4
Joined: Sun Mar 10, 2019 8:17 pm

Re: Illegal overstayer

Post by Missykm » Sun Mar 10, 2019 10:39 pm

Thanks for replies
Full immigration history is literally he came into uk on a visit visa 6 months currently overstaying by 3 years.
No documentation of 18 months together as i cannot add him to utility or rent contracts etc can i? .
Currently waiting to give birth in 2 half months

wahi66
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Re: Illegal overstayer

Post by wahi66 » Sun Mar 10, 2019 11:18 pm

Missykm wrote:
Sun Mar 10, 2019 10:39 pm
Thanks for replies
Full immigration history is literally he came into uk on a visit visa 6 months currently overstaying by 3 years.
No documentation of 18 months together as i cannot add him to utility or rent contracts etc can i? .
Currently waiting to give birth in 2 half months
yes you can add his name to utility bills like water bill etc but this is not gonna help at all instead. but again the first thing is you need to beat the threshold of 18600 if you want to bring him legal status.
My understanding is you cannot change visitor visa into any other visa so whatever the case he will have to go back to his country and come back to unite his family unless he go for asylum option.

Missykm
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Joined: Sun Mar 10, 2019 8:17 pm

Re: Illegal overstayer

Post by Missykm » Sun Mar 10, 2019 11:31 pm

I cannot beat the threshold currently on maternity until March 2020 very heavily pregnant.
He cannot leave me alone in uk potentially never allowed back with a new born baby by myself its impossible my rent in london alone is 875 for a studio.

Its a horrible situation and gives me nothing but aniexty and worry.
My solicitor advised me of human rights article 8 once baby is here.

wahi66
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Re: Illegal overstayer

Post by wahi66 » Mon Mar 11, 2019 10:23 am

Missykm wrote:
Sun Mar 10, 2019 11:31 pm
I cannot beat the threshold currently on maternity until March 2020 very heavily pregnant.
He cannot leave me alone in uk potentially never allowed back with a new born baby by myself its impossible my rent in london alone is 875 for a studio.

Its a horrible situation and gives me nothing but aniexty and worry.
My solicitor advised me of human rights article 8 once baby is here.
then I think you both should wait until March 2020 when you can get his application successful straightway and right now stay as you are saving money, concentrating on new life without any anxiety and stress. rather wasting money and time and make your case messed up and more complicated.
Lawyers are full of hope to sell themselves to make their living.

Missykm
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Joined: Sun Mar 10, 2019 8:17 pm

Re: Illegal overstayer

Post by Missykm » Mon Mar 11, 2019 11:47 pm

Thank you very much for youre reply.
Why do you think in 2020 we wil be successful.. im slighty confused. Do you mean by article 8 human rights or meeting financial requirements?
Thanks in advance

wahi66
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Posts: 335
Joined: Wed Jul 12, 2017 10:18 pm

Re: Illegal overstayer

Post by wahi66 » Tue Mar 12, 2019 12:11 am

Missykm wrote:
Mon Mar 11, 2019 11:47 pm
Thank you very much for youre reply.
Why do you think in 2020 we wil be successful.. im slighty confused. Do you mean by article 8 human rights or meeting financial requirements?
Thanks in advance
meeting financial requirements of course. that is the quickest, easy and 100% sure route whereas article 8 is long way to go and expensive with full of stress and hurdles. under article 8 he will have to justify his illegal stay, financial means and support during all these illegal years, being overstay via visitor visa will also bring a question mark on his good will. then 10 years citizenship restriction if proved as illegal stayer.

however, with spouse visa he will be british citizen in around 5-6 years time with less money to spend of course.

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CR001
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Re: Illegal overstayer

Post by CR001 » Tue Mar 12, 2019 7:32 am

wahi66 wrote:
Tue Mar 12, 2019 12:11 am
Missykm wrote:
Mon Mar 11, 2019 11:47 pm
Thank you very much for youre reply.
Why do you think in 2020 we wil be successful.. im slighty confused. Do you mean by article 8 human rights or meeting financial requirements?
Thanks in advance
meeting financial requirements of course. that is the quickest, easy and 100% sure route whereas article 8 is long way to go and expensive with full of stress and hurdles. under article 8 he will have to justify his illegal stay, financial means and support during all these illegal years, being overstay via visitor visa will also bring a question mark on his good will. then 10 years citizenship restriction if proved as illegal stayer.

however, with spouse visa he will be british citizen in around 5-6 years time with less money to spend of course.
Unlikely the partner will qualify for citizenship in 5 or 6 years. They will fail the good character requirement and the 10 years from date stay is made legal will still apply.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

wahi66
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Posts: 335
Joined: Wed Jul 12, 2017 10:18 pm

Re: Illegal overstayer

Post by wahi66 » Tue Mar 12, 2019 9:33 am

CR001 wrote:
Tue Mar 12, 2019 7:32 am
wahi66 wrote:
Tue Mar 12, 2019 12:11 am
Missykm wrote:
Mon Mar 11, 2019 11:47 pm
Thank you very much for youre reply.
Why do you think in 2020 we wil be successful.. im slighty confused. Do you mean by article 8 human rights or meeting financial requirements?
Thanks in advance
meeting financial requirements of course. that is the quickest, easy and 100% sure route whereas article 8 is long way to go and expensive with full of stress and hurdles. under article 8 he will have to justify his illegal stay, financial means and support during all these illegal years, being overstay via visitor visa will also bring a question mark on his good will. then 10 years citizenship restriction if proved as illegal stayer.

however, with spouse visa he will be british citizen in around 5-6 years time with less money to spend of course.
Unlikely the partner will qualify for citizenship in 5 or 6 years. They will fail the good character requirement and the 10 years from date stay is made legal will still apply.
10 years restriction even though if the person will leave voluntarily to home country and come back with new visa without even known to the system being present here.

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CR001
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Re: Illegal overstayer

Post by CR001 » Tue Mar 12, 2019 9:48 am

wahi66 wrote:
Tue Mar 12, 2019 9:33 am
CR001 wrote:
Tue Mar 12, 2019 7:32 am
wahi66 wrote:
Tue Mar 12, 2019 12:11 am
Missykm wrote:
Mon Mar 11, 2019 11:47 pm
Thank you very much for youre reply.
Why do you think in 2020 we wil be successful.. im slighty confused. Do you mean by article 8 human rights or meeting financial requirements?
Thanks in advance
meeting financial requirements of course. that is the quickest, easy and 100% sure route whereas article 8 is long way to go and expensive with full of stress and hurdles. under article 8 he will have to justify his illegal stay, financial means and support during all these illegal years, being overstay via visitor visa will also bring a question mark on his good will. then 10 years citizenship restriction if proved as illegal stayer.

however, with spouse visa he will be british citizen in around 5-6 years time with less money to spend of course.
Unlikely the partner will qualify for citizenship in 5 or 6 years. They will fail the good character requirement and the 10 years from date stay is made legal will still apply.
10 years restriction even though if the person will leave voluntarily to home country and come back with new visa without even known to the system being present here.
Yes. Well the system will know they were here if they entered on a visitor visa and then left some 3 years later given that there are now exit check records held by HO. That is besides the fact that if the applicant fails to disclose all of this, it will be viewed as withholding material information.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

wahi66
Member of Standing
Posts: 335
Joined: Wed Jul 12, 2017 10:18 pm

Re: Illegal overstayer

Post by wahi66 » Tue Mar 12, 2019 11:01 pm

CR001 wrote:
Tue Mar 12, 2019 9:48 am
wahi66 wrote:
Tue Mar 12, 2019 9:33 am
CR001 wrote:
Tue Mar 12, 2019 7:32 am
wahi66 wrote:
Tue Mar 12, 2019 12:11 am


meeting financial requirements of course. that is the quickest, easy and 100% sure route whereas article 8 is long way to go and expensive with full of stress and hurdles. under article 8 he will have to justify his illegal stay, financial means and support during all these illegal years, being overstay via visitor visa will also bring a question mark on his good will. then 10 years citizenship restriction if proved as illegal stayer.

however, with spouse visa he will be british citizen in around 5-6 years time with less money to spend of course.
Unlikely the partner will qualify for citizenship in 5 or 6 years. They will fail the good character requirement and the 10 years from date stay is made legal will still apply.
10 years restriction even though if the person will leave voluntarily to home country and come back with new visa without even known to the system being present here.
Yes. Well the system will know they were here if they entered on a visitor visa and then left some 3 years later given that there are now exit check records held by HO. That is besides the fact that if the applicant fails to disclose all of this, it will be viewed as withholding material information.
yes exit records can be deadly but they only check the ID or passport while going out, not the visa or brp.

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