overstayer query

[Bunny1976]

My new partner has overstayed his visa by 3 years. He's algerian and originally came here on a tourist visa, but is now working and wants to apply for British citizenship. He is unmarried and has no children, but has a settled job, speaks good English, has never claimed benefits or been arrested. How does he proceed, can he apply from the UK and what does he do? Thanks for your help

[Casa]

He doesn't qualify for British citizenship, in fact he doesn't qualify to remain here as from what you've posted, he is here illegally. If his employer is checked by Border Officers they are liable for a £10,000 fine as he isn't legally entitled to work. He must be aware that he is at risk of an arrest at any time and is facing removal?

[Wanderer]

My new partner has overstayed his visa by 3 years. He's algerian and originally came here on a tourist visa, but is now working and wants to apply for British citizenship. He is unmarried and has no children, but has a settled job, speaks good English, has never claimed benefits or been arrested. How does he proceed, can he apply from the UK and what does he do? Thanks for your help

He should return to Algeria an apply via the legal channels like we've all done.

+ Wot Casa said, he's in deep do-do's if caught which will be only a matter of time...

[CR001]

+1 on what Casa and Wanderer said (although I would say the level of do-do is enormous).

Hopefully your partner is not using f a k e documents to work as then he has even bigger problems.

[Bunny1976]

Thank you for your advice ☺ he's working privately rather than for a company so im not sure how that affects his employer. So if he returns to Algeria does he apply for a work visa, is there an exclusion period due to his overstay and do you know how long the application takes? I have no idea and he is a good man who is frightened so I do really appreciate your help

[CR001]

He is not allowed to work, in any capacity, and this will be held against him for a long time.

If he qualifies and gets a sponsor for a Tier 2 General visa, he can try that, although I doubt he will succeed given his history.

Please be mindful of being used to gain a spouse/unmarried partner visa, the newspapers and immigration marriage fraud forum are full of horror stories.

[Casa]

Whether he's working 'privately' (I assume you mean cash in hand) doesn't exempt his employer from the £10,000 fine if he's caught. His overstay will trigger a 10 year ban from applying from any category of visa for 10 years, apart from a spouse visa. However, if it's found that he's been using false documents/ID etc during his time here, even a spouse visa would be refused.

Edit: Further to CR001's post, in my opinion a Tier 2 visa even with an approved sponsor would stand no chance due to the lengthy overstay.

[Bunny1976]

Thank you for your concern...as we have only been seeing each other a few weeks I doubt a claimed marriage or partner visa application would stand as I know the requirements are very stringent, and as a divorcee I am cynical about marriage personally. I don't intend to marry him just to help him in whatever way I can ☺any idea where he should go for support?

[honey2008]

The current fine is £20,000.

By overstaying the applicant has done damage to his immigration history which would result in bigger problems in any future applications.

I hope exiting UK on his own/assisted schemes and then re-applying as a spouse would stand a fair chance of hearing.

[Casa]

The current fine is £20,000.

By overstaying the applicant has done damage to his immigration history which would result in bigger problems in any future applications.

I hope exiting UK on his own/assisted schemes and then re-applying as a spouse would stand a fair chance of hearing.

@honey2008 Thanks for the correction...I'd forgotten that the fine had been increased. Regarding returning and applying as a spouse however, this doesn't appear to be an option at present...and very wisely not.

[CR001]

He doesn't qualify for anything while in the UK as an overstayer.

He should explore his options from his home country, but these options might be very limited due to his current circumstances as Casa has pointed out.

[Bunny1976]

I cannot consider marrying someone I have only known a couple of months so not a spouse visa. Consider this as if i am helping a friend, the relationship is too new for anything else! If he exits of his own accord can he not apply for a work visa? Also, Algeria has strong french connections. I have read that it's possible to take up residency in France for a period and apply under eu rules. Can anyone comment on this? He says it's not a country that would give him any asylum seekers rights.

[Casa]

I don't believe that Algeria's strong connection to France (previous French possession) would give him any rights to residence in the country unless he qualifies for a work permit issued by a French company.
I firmly believe that he will be excluded from applying for a visa under Tier 2 (which you call a work permit) for 10 years due to a refusal under 320(7b) of the Immigration Rules triggered by the overstay.

[CR001]

There is no 'general work visa'. He needs specific skills and education and an approved sponsor to qualify for a Tier 2 General (work) visa. Highly unlikely this will be granted given that he is in breach of so many immigration rules. He also has to apply for this visa from his home country, if he qualified.

I cannot comment on the French link as not familiar with it. But suffice to say, he would not be able to return to the UK unless he was actually a French Citizen and using the free movement right.

[Wanderer]

Sometimes there are no options and you have to accept that.

This looks like of of these cases I'm afraid.