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8 years Child overstayer

Posted: Thu Sep 23, 2010 2:53 am
by tobitobi
Hi,

My brother now 20 came in 8years ago on a visiting visa with my mother. She unfortunately passed away 2 years later here and he has been with me since. Our dad left us when he was much younger and my sisters are here legally leaving him with no ties at our home country. I want to apply for an ILR for him but I'm clueless on how to go about it or even know what chance he has? I'm a british citizen and he's currently studying at university. Any ideas??

Posted: Sat Oct 09, 2010 11:08 pm
by avjones
It's a tricky one. As he's over 18, he's not dependant on you as a minor. And he had no right to remain under the Immigration Rules.

The only way to do it would be to apply for leave to remain outside the rules, invoking Article 8.

Chances are very high that would be refused. Your real hope is on appeal, not at the Home Office.