Help Please illegal immigration/overstaying help please

~Kerrie~ · Post by **~Kerrie~** » Mon Sep 24, 2007 10:34 am

Hi there,

Would really appreciate some advice

me and my fiance met in the uk and have been together for 2 years i am a British Citizen and he is now illegal from ...... he has been here for 8 years and started off with a visa. He was working as a builder but isnt currently.

I am currently 18 and living with him half the week and at home half. I am working full time as a secretary and earning Â£13k

1. Is he allowed to apply for a work permit of any sort?

2. Can we get married in the uk?

3. Do i have to be living on my own for a sucsessful application?

4. and how much money do i need to be earning?

Any advice would be appreciated thanks

~Kerrie~ · Post by **~Kerrie~** » Mon Sep 24, 2007 10:39 am

I forgot to say he is currently reporting every month to the home office

Siggi · Post by **Siggi** » Mon Sep 24, 2007 10:48 am

Kerrie,

Firstly the only way forward in this case will be for your BF to return to his country of origin and then to make any application.

You could then marry him in that country and then apply for a spouse visa from the High commision in that country.

As he is a overstayer it will be impossble for him to apply for any form of visa in the UK.

Good luck.

~Kerrie~ · Post by **~Kerrie~** » Mon Sep 24, 2007 11:42 am

Thanks for your relpy.

I dont know if you would have any idea but how long does the application roughly take from marriage to coming back to England? and what can help the application?

As the HO are aware of his status i thought he may be able to get a work permit? or something of that kind, so that he can earn a living in England.

so confused

Siggi · Post by **Siggi** » Mon Sep 24, 2007 12:03 pm

As the HO are aware of his status (illegal) and with only half information presented to the site, it is impossible to make any further comment.

If you tell us what the HO have said to date and what country he come's from, then maybe will be able to help.

OL7MAX · Post by **OL7MAX** » Mon Sep 24, 2007 12:21 pm

I forgot to say he is currently reporting every month to the home office

Why?

Docterror · Post by **Docterror** » Mon Sep 24, 2007 12:42 pm

OL7MAX wrote:
I forgot to say he is currently reporting every month to the home office
Why?

Friends at high places!

~Kerrie~ · Post by **~Kerrie~** » Mon Sep 24, 2007 9:50 pm

Hi sorry i wasnt to clear

He is reporting because he is illegal and the HO are aware of his situation so he reports every month, for a singing of paper and to hear relevent news relating to his case..

he is from Jamacua

~Kerrie~ · Post by **~Kerrie~** » Mon Sep 24, 2007 9:52 pm

He has been reporting for 1 year and it started off once a week now once a month.

They only gave him a piece of paper saying to report untill 5 July and he went there and they said keep reporting until 5 december

OL7MAX · Post by **OL7MAX** » Tue Sep 25, 2007 9:49 am

...to hear relevent news relating to his case

What case?

Jeff Albright · Post by **Jeff Albright** » Tue Sep 25, 2007 10:15 am

I am afraid it will be difficult to regularise his stay without leaving the country. It can only be the case in "truly exceptional" cases. He will have to prove that his case is so exceptional that would overweigh the public interest in pursuing the legitimate aim of fair immigration policy in this country. In other words, the Rules can only be overridden in truly exceptional and compelling circumstances.

It is impossible to define "truly exceptional", as each case is so different and these can vary significantly from one to another.

If there is a viable pathway for him to return to the country, of which he is a passport holder, he will almost certainly asked to do so by the Home Office and then, if he has a right of appeal, by an Immigration Judge.

To my knowledge Jamacua is a place in Mexico. Did you mean "Jamaica"?

Both Jamaica and Mexico are considered as safe countries so I cannot think of any reason why he cannot not return to that country to apply for a spouse/fiance visa to return the UK, in line with the Immigration Rules.

Because he has been in this country previously, it will be mandatory for an Entry Clearance Officer to refer the application for a decision back in the UK. It can take up to 9 months (for spouse visa applicants) for a decision to come back. So he might end up waiting for his visa between a few weeks and several months. To avoid separation, you may consider an option of travelling with him to Jamaica.

How long has he been reporting? Has he made any application recently? If yes, on what grounds?

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Help Please illegal immigration/overstaying help please

Help Please illegal immigration/overstaying help please

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