Help for overstayer plz

[Jackdawson]

Hi
I'm trying to find out if there is anyway my mate who has overstayed his visa for over 2 yrs can sort the mess he has got himself in.
He was on student visa and tried to renew it ,sent the application to home office but failed to pay the visa fee and sincethen his visa and passport which is with home office must be expired
Meanwhile he carried on working and paying taxes which I think he was very lucky doing as his status probably didnt allow him to be employed.
Anyway he explained that his passport must have expired now and obviously same with his visa ( both are probably still with home office ) and now he isn't working but is having a baby with his partner who is British ,she is pregnant and had to start claiming benefits as she can't work anymore .
So in brief he sent his application for renewal didnt pay fee to home office passport and visa must b expired which are still with home office as he moved and now after 2 yrs cause he is having a baby and is with his partner for over a yr wants to sort his immigration status .
Is there anyway this guy can sort his mess and get proper visa and a new passport while living here and taking care of his new born baby

His partner is British n he has been in England for over 10 yrs originally on student visa till 2009.

[MPH80]

The most obvious and quickest route for him:

Apply for a new passport from his embassy
Get married to the girl
Return back to home country
Apply for spouse visa

Unless he's done something seriously illegal - they shouldn't deny the visa providing they meet the earnings criteria.

Otherwise he's in for a very long haul trying to argue his article 8 rights and it's hard to see how he'd qualify under those rules without going through the courts.

M.

[Jackdawson]

The most obvious and quickest route for him:

Apply for a new passport from his embassy
Get married to the girl
Return back to home country
Apply for spouse visa

Unless he's done something seriously illegal - they shouldn't deny the visa providing they meet the earnings criteria.

Otherwise he's in for a very long haul trying to argue his article 8 rights and it's hard to see how he'd qualify under those rules without going through the courts.

M.

hi thanks for that first propa solution I have heard from anyone so far .
Is there no way he can get it done while being here ??? And if he does choose this other option u mentioned bout goin court n all can u give a bit more info bout that as well plz
Kind regards

[MPH80]

There is option 3 - DON'T get married - wait for the baby to be born and then make an application to have access to a child.

This would require a formal agreement for his access (court order or such) - and I THINK it has to be done out of country again.

I can't see a Zambrano (http://www.freemovement.org.uk/2012/06/ ... plication/) application succeeding in this case as he wouldn't be the main carer.

As I said - an article 8 application would be difficult to argue on initial application and would *probably* be rejected under the argument that his girlfriend and baby could relocate to his country if needed. So it would get rejected on first try and go to appeal - it MIGHT get granted here - but if not - it'd have to go to some form of Judicial Review which MIGHT succeed. This would then require a good immigration advisor (more £££!). You're looking at a 1 1/2 to 2 or 3 year timeframe before he'd be legal under this route. All the while he'd be unable to work legally.

The biggest issue I see on the spouse visa will be the earnings criteria (http://www.ukba.homeoffice.gov.uk/visas ... financial/)- does his girlfriend work?

Finally - option 4 - take the EU route. Get married, have his girlfriend relocate to an EU country to work for a few months - apply to join her - and then once settled there - return under an EU residence permit.

M.

[CR001]

http://www.immigrationboards.com/viewto ... ht=#767539

You should continue in your original thread as moderators have asked questions already.

[Jackdawson]

There is option 3 - DON'T get married - wait for the baby to be born and then make an application to have access to a child.

This would require a formal agreement for his access (court order or such) - and I THINK it has to be done out of country again.

I can't see a Zambrano (http://www.freemovement.org.uk/2012/06/ ... plication/) application succeeding in this case as he wouldn't be the main carer.

As I said - an article 8 application would be difficult to argue on initial application and would *probably* be rejected under the argument that his girlfriend and baby could relocate to his country if needed. So it would get rejected on first try and go to appeal - it MIGHT get granted here - but if not - it'd have to go to some form of Judicial Review which MIGHT succeed. This would then require a good immigration advisor (more £££!). You're looking at a 1 1/2 to 2 or 3 year timeframe before he'd be legal under this route. All the while he'd be unable to work legally.

The biggest issue I see on the spouse visa will be the earnings criteria (http://www.ukba.homeoffice.gov.uk/visas ... financial/)- does his girlfriend work?

Finally - option 4 - take the EU route. Get married, have his girlfriend relocate to an EU country to work for a few months - apply to join her - and then once settled there - return under an EU residence permit.

M.

brilliant thanks again finding it really helpful
Are you a solicitor ??? Sorry I'm only asking as u seem to b quite helpful n resourceful with d info he needs ,I was thinking of telling him to get help from u direct if that's ok with u obviously cause he wanted to find out more info before he evens sees someone who can help as he is scared now propa.

Under d first option where he waits for baby to b born that's very soon ( weeks) would u say that's d best option for him ? How long would that take n when u say out of country for access I didn't quite undertand that bit ,do u mind telling me a bit more on that .
Regards n thanks in advance for ur help

[Jackdawson]

There is option 3 - DON'T get married - wait for the baby to be born and then make an application to have access to a child.

This would require a formal agreement for his access (court order or such) - and I THINK it has to be done out of country again.

I can't see a Zambrano (http://www.freemovement.org.uk/2012/06/ ... plication/) application succeeding in this case as he wouldn't be the main carer.

As I said - an article 8 application would be difficult to argue on initial application and would *probably* be rejected under the argument that his girlfriend and baby could relocate to his country if needed. So it would get rejected on first try and go to appeal - it MIGHT get granted here - but if not - it'd have to go to some form of Judicial Review which MIGHT succeed. This would then require a good immigration advisor (more £££!). You're looking at a 1 1/2 to 2 or 3 year timeframe before he'd be legal under this route. All the while he'd be unable to work legally.

The biggest issue I see on the spouse visa will be the earnings criteria (http://www.ukba.homeoffice.gov.uk/visas ... financial/)- does his girlfriend work?

Finally - option 4 - take the EU route. Get married, have his girlfriend relocate to an EU country to work for a few months - apply to join her - and then once settled there - return under an EU residence permit.

M.

sorry missed a bit . both of them were working gf quit her job as pregnant n cudnt continue n went on benefits for few months and he was working till oct 2012 earning over 30000 for past 4 yrs n paying taxes properly.gf is looking to mayb go back to work after birth but that might be a few months still

[MPH80]

No - not a solicitor and I only respond to posts in the open forum. I should also make clear that I have very little knowledge of the appeals process and JR process - I am familiar with the spouse application process and familiar with the mechanics of the EU route.

If the girlfriend isn't working - then he won't be able to use the spouse route until she is AND she's been working for 6 months.

Given I've now been shown the original thread which I remember now - and fills in a few blanks - it's pretty clear this guy is going to need a good immigration advisor.

M.

[Jackdawson]

No - not a solicitor and I only respond to posts in the open forum. I should also make clear that I have very little knowledge of the appeals process and JR process - I am familiar with the spouse application process and familiar with the mechanics of the EU route.

If the girlfriend isn't working - then he won't be able to use the spouse route until she is AND she's been working for 6 months.

Given I've now been shown the original thread which I remember now - and fills in a few blanks - it's pretty clear this guy is going to need a good immigration advisor.

M.

Thanks for d help I appreciate it