overstay unmarried spouse with new rules

[smoky707]

I've overstayed my student visa in 2008 and a year later met my current partner. We are now going to try to regularise my stay. How will the new rules affect me?

[Lucapooka]

Here are the new rules. You haven't actually said anything about you or your partner so don't expect a rush of comments.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

[smoky707]

Thanks.My partner is a pensioner over 65. I don't work we didn't want to break the rules futher and get anyone else in trouble.There is a 28 year age gap but we are happy we share the same interests which brought us together in the first place.I am active on the residents board where we live and I want to study accounting later on if granted a visa. I am a non-eu english speaking immigrant so I am exempt from that bit.Both of us have never been in trouble with the police bar my overstaying.

[Lucapooka]

So, you had a mountain to climb under the old rules and with the new rules it now means that you will also need Spam to assist your assent.

[smoky707]

We knew it was going to be hard.Thanks for the advice your realism is refreshing at least your not dressing it up like some people.Thanks.

[pennylessinindia]

You may get more help if you say more about your situation
You say partner do you mean you have lived together in a relationship akin to man and wife or are you dating and living apart. That would be the first thing to answer?
As previously stated it will be vry difficult if you apply after the 9 July

[smoky707]

We have lived together since December 2009 in his flat. He's a bit disabled bad knees(doesn't let it get him down at all)and receives attendance allowance and has a carer that is paid but this is only in summer and other holidays as she is in school.He wanted me to get paid for it but I am subject to immigration control so couldn't but gladly do it as I love him and I'm here all day and night anyway. I handle most of the calls and forms for car insurance,bills,parts for the car,repairs for the housing, medical stuff etc so I'm the wife all but in name. We joke that my official title is the 'Secretary.'
He's got a few more health issues his shoulders are going bad may require surgery, possible arthritis or the ligaments are going. He only has a daughter and grandaughter here both British born but they only come when they want something. I overstayed my student visa in 2008, I worked till February 2009 because they were going to check. Haven't worked since been involved with my local residents association since I moved in with my partner and another group that works with families in my area and the neighbourhood watch if all that helps to get me more advice.
Thank you for all your comments so far, Luca and Pennyless.

[pennylessinindia]

I just wonder if this para in the new rules may be of help to you
"Exemption from the financial requirement, where the sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance in the UK."
I wonder and say wonder as I do not want to advise you but to give you something to think about, if you marry return home and then apply whether this is the best chance you will have. You could also consider applying as the partner but wonder if marriage will regularise your relationship on a firmer setting. Hopefully if you have lived together you have lots of things in your name at the address and can show evidence of your relationship.
Being realistic it may difficult to show your relationship is genuine given the age difference so you will really need to work hard on this bit too. This is not my thoughts just being realistic