Tier2 visa for overstayer

[chanel krist]

Hi,
I have arrived in the uk as a student with a tier2 visa from a commomwealth country in november 2010.
I achieved an MBA, and sucessfully renewed my visa from tier 4 to a PSW.
I could not find a highly skilled job but in the meantime i dedicated 2years as a volunteer for a small charity within my community.
Comming to the end of the psw i did not meet any requirement under the point base system to renew my visa.
the charity willing to sponsor me, didn't have a licence.
I contacted the ukba with all the information and the details. 2weeks prior my visa expired in september 2014, the ukba sent my document back after my visa expired and asked me to fill in an application.
A week after, i filled in a tier 2 application that was denied since i could not meet the points for the sponsor. And i was denied a right of appeal.
I contacted a sollicitor, and he filled in a flr(o) based on article 8, mentioning the charity work.
That was unsucessful.
We lunched a judicial review application.
I was finally grant a right of appeal by the upper tribunal based on the fact that the UKBA failed to consider the specificity of the facts in my case.
The appeal was schedule for the 07/07/16, but based on the advice of my sollicitor we removed the case, according to him we did not have enough chance to win, based on my circumstances and i would have end up with a high bill from the ukba.
The sollicitors returned to the ukba, asking them to reconsider the case. And i am still waiting.

I have received a job offer from a sponsor which is willing to sponsor me. Based on my circomstances, will i be abble to apply for a tier 2 from inside the uk? And if i leave and i apply from outside will it be successfull?

What are the other options offered to me, to regularise my immigration status. Knowing that i have be in a unmarried relationship with my french partner for nearly 3 years now. We have not been living together. And we would like to get married next summer. Is it possible? And will that be of any help?

I have spent so much on immigration that i do not want to embark in another lenghty and costly procedure.

Thanks for your help.

Krist

[Casa]

You'll have to leave the UK to apply for a Tier 2 visa.

At present you don't qualify as an unmarried partner...the UKVI will consider you as 'boyfriend and girlfriend' for which there is no category of visa or EEA permit.

Also consider that with Brexit on the horizon, you are unlikely to be able to obtain permanent residence through your girlfriend, married or not.

[chanel krist]

Thanks Casa,
How about the mariage? Will be given the chance to marry next summer?

[Casa]

As a foreign national, in order to marry in the UK you would have to give notification with a Home Office designated Registry Office.

The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead.

Obviously if you have no valid leave at this time you will be at risk of being detained on the day of the interview.