Overstayed

[x369jnr]

I would really like some help to sort out my status, I arrived in the UK in 1999 on student visa, but was unable to complete my degree due to financial difficulties, my student visa expired in 2001 and hence overstayed since then, I am currently working having managed to gain some skills, I have family now 2kids What is the best option for me to become legal? We are engaged but cannot marry as we require COA, I am currently working, will that be seen as deception even though I got the job when my visa was valid?
Will I have to quit my Job? I am the one who currently pays the rent on our flat, how will that affect us? I also have savings, is that enough to prove we can maintain ourselves? Will I get a ban?
I would really appreciate any advise you can give me.

[mochyn]

If you leave the country voluntarily you will not be banned and it is your best way to enter the country legally.
Marry and apply for a spousal visa, you have a settled life in the UK and you should have no problems

[ElenaW]

Also your spousal visa will not be refused based on the fact that you overstayed.

[dublin3]

What country are you from?
Are you from Somalia as your spouse or any other country???

[x369jnr]

Thank you all for the helpful advice, I really appreciate.
As I am the one who works, does my partner have to prove she will support me without recourse to public funds?
Do I need a lawyer to file my application or is it a straight forward application?

[Rozen]

Is it regarded as deception to work?

If you are illegal in the country, then YES of course!
Apart from that, your employer may be fined thousands of pounds if they are found to be employing a person who is not legally entitled to work in the UK.

[x369jnr]

thanks

[Wanderer]

Same applies, stop work before you cost your employer a huge amount in fines, go to your home country and apply from there - delaying it will make it worse especially if you are stopped and detained.

DL is always an option but if you have no kids it's unlikely to be successful but the wait can be up to three years and you can't work.

[ajmal]

I would like more help on my case please, I took everyone's advise here and contacted a lawyer so that I could prepare my departure from the UK to go back home and get married and try and return as a spouse, the lawyer I spoke to discouraged me from retuning as he claimed I would not be successful since my partner is a student, doesn't work and hence cannot prove she can accommodate me without recourse to public funds.
My Partner has since become a British citizen and we thought we should leave the country and try and gain entry as a spouse or unmarried partner.
I have since contacted 6 different lawyers with varied advise, but the bottom line from all of them is that I will be denied as I am working without permission and we cannot prove my partner is capable of being my sponsor.
I have also been advised I could apply for discretionary leave and that it takes about a year to come through, although one lawyer said that would not be possible either as we cannot meet the maintenance criteria unless we wait until next year for my partner to complete her studies and start working.
I have also been advised If I was going to make an application now, I would have to stop working, I am currently the main earner and we couldn't survive if I had to stop.
Another lawyer claims since I managed to get a professional career and I have been working for 10 yrs while paying taxes that it's a good thing and I should state this when applying for the discretionary leave.
I have also been advised to wait until 2012 when I will have completed 14yrs, but I am worried in case the 14yr rule gets scrapped by then.

I really would like your advise on the best possible way out as I have already spent so much money on lawyers without any positive outcome, most lawyers want about £2k for the applications and I just want to be sure I am making the best decision before paying that kind of money.

Wait for another 2 years to complete 14 years or apply for COA to get married here with covering letter from your british spouse with all evidences that you are living together for such times