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What exactly you mean by "some part of overstay" ? Please list down your complete immigration history.n8net wrote:Hi all,
just wanted to gauge if any one / or som eone u know successfully applied for ILR (10yrs) even when part of th 10 yrs made of overstay....if so, i would be happy to know...
thanks
Compassionate circumstances and private and family life lead to FLR(FP) and not ILR. The Home Office is suggesting ways in which he can regularise his stay. But it will still be 10 further years of FLR(FP)-10 continuous years of legal stay-before ILR.n8net wrote:the latest refusal letter mentions compassionate circumstances and private and family life
Yes, a new 10 year path (4 x 2.5 year visas)are u suggesing even for FLR(FP), it requires 10 yes LEGAL contoniuos stay ?
Most likely a refusal yes as the does not have 10 years legal status/stay.what happens if ILR application is made anyway ? automatic refusal ?
Those are the rules unfortunately.shame to hv 8 yrs of continuous legal stay turned to nothing..
No. That route to ILR was closed in July 2012.isn't there any other way which considers length of stay regardless if it is legal or not ?
Immigration Rule 276BE(1) wrote: Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE(1) are met or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph.
which application you refer to please ? and what docs needed ?CR001 wrote:If not married, they will require rock solid evidence of 2 years minimum living together 'in a relationship akin to marriage'.
are we not talking FLR(FP) here ? I am confusedCR001 wrote: Having a partner who your friend is not married to won't help his FLR(FP) application though.
Presumably not clueless as it is his own situation and he clearly has 'studied' so likely can converse in Englishnot busy..but clueless..i am trying to help as I know a little bit and trying to piece together info. I am also curios too.
Are you being serious?? After all the 'friends' you have been 'helping' by posting on their 'behalf' on the forum, you honestly do not know what 'present and settled' means?? ILR/BCnow, what does unmarried partners of 'present and settled' people entitled to in terms of UK immigration ?
Yes, most likely. There a 10 year route, but it depends on circumstances, which with complicated questions, the person with the problem should be the one posting.also, I read for FLR(FP) you need 20 years ? (if over 25 which he is) ?
Also FLR(FP) but likely the Partner route (various routes for this category) if you had 'read' sufficiently!!and what visa is called that cr001 was referring as 4 x 2.5 yrs ?
A spouse visa yes, as they are married.I was under the impression only married partners of 'present and settled people" can apply for spouse visa.
You are wrong in your assumption. This UP visa has been available for many years and comes under the same category as the spouse visa. The most fundamental requirement (and one most get refused on) is that they must have evidence of living together in 'a relationship akin to marriage' for a minimum of 24 months. There is NO exception to this.But looks like even unmarried partners can apply who does not have to necessarily lived together.
If he is not married and not living with his partner for a decent amount of time, he risks being refused FLR(FP).having now concluded, FLR (FP) is the only way..I have been reading about it and will ask any questions on the relevant thread.
My concern is that you are 'advising friends' with little understanding of the most basic rules, which potentially has serious consequences for the applicant.n8net wrote:I think I am being hugely misunderstood here..
let me clarify,
I was under the impression only married partners of 'present and settled people" can apply for spouse visa.
But looks like even unmarried partners can apply who does not have to necessarily lived together. NO2 years co-habitation in a relationship 'akin to marriage' is mandatory.
I am not asking for ILR, i think what I need has started to change as the path I am looking for is no longer ILR (as there is not even an exceptional case to over stayers to be awarded ILR)..
having now concluded, FLR (FP) is the only way..I have been reading about it and will ask any questions on the relevant thread.
hope this clarifies and apologies for any confusion.
FLR(FP) is usually only successful for parents or married partners. It is not the easiest visa to get.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 ?
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.I was reading abt Proposed Partners (https://www.gov.uk/government/publicati ... ners-set02) ans is it obsolete ?
Appears that way yes.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 ?
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.also I read that for any of the two requires no-overtsay ? and overstayers are likely to be refused anyway for these visa categories?
Basically yes.so, it looks like his 8 years of legal stay does not leave with any option, but to return home ?
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 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 ?
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.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)
