10 year ILR with some part overstay

[n8net]

Hi cr001,

many thanks for the swift reply.

so, if I understand you correctly.

FLR(FP) on the basis of F'amily is ONLY for people living together as married or unmarried (at least for 24 months) and there is no provision for unmarried partners not living together, but in a genuine relationship ?

I was reading abt Proposed Partners (https://www.gov.uk/government/publicati ... ners-set02) ans is it obsolete ?

if above is risky..FLR(FP) on the basis of P'rivate life the minimum is 20 years (if older than 25 yrs) of lawful or unlawful stay. isn't this correct ?

also I read that for any of the two requires no-overtsay ? and overstayers are likely to be refused anyway for these visa categories?

so, it looks like his 8 years of legal stay does not leave with any option, but to return home ?

How abt Tier 2, if he finds a new sponsor which he originally asked FLR for which got refused recently..will that fall under automatic refusal as well ?

How, what other applications are open for Over stayers ? It is difficult to swallow that he has been made over-stayer for no fault of his own (his sponsor licence has been revoked thrice)

thanks

[CR001]

FLR(FP) on the basis of F'amily is ONLY for people living together as married or unmarried (at least for 24 months) and there is no provision for unmarried partners not living together, but in a genuine relationship ?

FLR(FP) is usually only successful for parents or married partners. It is not the easiest visa to get.

I was reading abt Proposed Partners (https://www.gov.uk/government/publicati ... ners-set02) ans is it obsolete ?

The link is for a fiance visa, which can ONLY be applied for OUTSIDE the UK and is ONLY valid for 6 months. You need to read up on Unmarried Partner Visa to get the right facts of the mandatory requirements.

if above is risky..FLR(FP) on the basis of P'rivate life the minimum is 20 years (if older than 25 yrs) of lawful or unlawful stay. isn't this correct ?

Appears that way yes.

also I read that for any of the two requires no-overtsay ? and overstayers are likely to be refused anyway for these visa categories?

There are overstayers who have been successful, mainly parents of children who have been born or living in the UK for most of their lives but not yet 18, or other circumstances where a British spouse is unable to meet the financial requirement for a spouse visa extension for example.

so, it looks like his 8 years of legal stay does not leave with any option, but to return home ?

Basically yes.

How abt Tier 2, if he finds a new sponsor which he originally asked FLR for which got refused recently..will that fall under automatic refusal as well ?

Tier 2 is a points based visa. He needs to meet the points to qualify. He cannot apply for this visa in the UK and will have to return to home country to apply, IF he can get a sponsor.

How, what other applications are open for Over stayers ? It is difficult to swallow that he has been made over-stayer for no fault of his own (his sponsor licence has been revoked thrice)

He should have left and tried again from home country instead of making multiple frivolous FLR(O) applications simply to buy time. He should also maybe make better choices in choosing genuine, established sponsors.

[n8net]

thanks a lot for the answers cr001.

I am beginning to understand the spouse visa req.

It is shame that his 8 yr legal continuous stay is going to be worthless. While I understand he must have left UK, I was one of them who adviced to not to do so as I thought he may then break his continuous stay, and he only applied for FLR as suggested by a OISC certified lawyer.

my question is why did they make FLR to ask for time to find another Tier 2 sponsor.
Given there may be a point in that application (albeit it got rejected as it is not a valid reason), will not finding a new Tier 2 sponsor be of no help ?

The argument I am thinking is, since all his other applications have been on time, and he only was overstayer because his Tier 2 sponsor licence revoked..he asks for time to find new sponsor and now he got..and so on...

will this not work ? or are we fighting a lost cause ?

[n8net]

we have now decided to seek professional help to hv a temp stay and to get rid of IS96 he has been served.

any guidelines to look for when finding a good immigrtion lawyer ? I know of OISC and is there any way to find out of their success rates for similar cases.

I am keen to find a good lawyer even at a price rather than cheap ones who will give incorrect adviced like asking to apply for FLR to seek time for finding a new sponsor.

any idea ?

also, if he voultatly leaves UK, what chances of his future application (spouse, Tier 2 etc) outside UK stand given his immigration history.. or will it fall under general ground for refusal ?

[n8net]

I hv been doing extensive research on this and came across this https://www.gov.uk/government/uploads/s ... ers-v7.pdf

page 7, one of the exception is "sponsor not swift in providing Cos, where overtstaying is pardoned.
so, can he not apply for Tier 2 in county arguing spnsor took long to issue Cos, which was precesily the reason he made his last application (FLR)?

[n8net]

I just realised when his out of time Tier 2 application was refused he has been 'right of appeal'.

is this normal ? I thought no right of appeal for PBS applications ? why this exception that to for a out of time application ?

[n8net]

hi Mods, can this moved to Tier 2 forum as it is in that territory.

thanks