Returning to UK to be with Unmarried Partner after Overstaying

[Oggiemain]

I'm wondering if anyone is able to help me.

My partner came to England in 2009 with his then partner who was a member of the European Union. Their relationship broke up 2 years later when she left him for someone else. Obviously, he was heartbroken and lost his way - he had, like so many others, given up everything in his own country (South Africa). So, he stayed and tried desperately to build a business that he would be able to migrate to his home country. Then in 2013, we met. There is a large age gap. I have never got on as well with anyone as I get on with him and he says the same. He wants to be able to come back to the UK, but he has overstayed. I had to do something radical to meet the financial requirements of being able to support him. So, after nearly two years of living together, I sold my house, and technically made us homeless. We camped together on what only can be described as a gypsy camp in order to buy a property to renovate. Two years on, I now have a viable business which is more than adequate to fulfil the home office's requirements. So, not only have we built up a business together, which needs managing, we also now have 10 tenants. So, I'm wondering if anyone can help us and let us know what the chances of him coming back to the UK will be. Even though he has overstayed a considerable amount of time. It would break our hearts if we couldn't be together. There is no way I could go to his country as my daughter has an eating disorder - and has had for the last 8 years - and recently she has slipped back - shrinking from a size 12 to a size 6 in the space of a few months - along with having to undergo an operation for a prolapsed bowel, most probably brought on by the eating disorder. She doesn't live with us - she is at Uni - but obviously, I'm not sure what effect it would have on her if I had to leave England. In fact, it would be too heartbreaking - I'm really torn between. I hope someone would be able to shed a little glimmer of hope for us. We are both hard-working people.

Any advice on which way to go about this would be really appreciated.

[Wanderer]

Marriage should be ok, previous transgressions are usually discounted, except if deception, fraud, false passport etc. And the usual - prison type stuff, drug dealing etc

You wouldn't qualify as unmarried partners as you've not lived together as man and wife so I'd say marriage, expect a few tough questions etc but they law is on your side with the above provisos....

[Oggiemain]

Thank you for your response. You say we’ve not lived together. We have in fact been living together for 4 years as a couple.

[Oggiemain]

I'm wondering if anyone is able to help me.

My partner came to England in 2009 on an EEA family permit, with his then partner. Their relationship broke up 2 years later when she left him for someone else. Obviously, he was heartbroken and lost his way - he had, like so many others, given up everything in his own country (South Africa). So, he stayed and tried desperately to build an online business that he would be able to migrate to his home country. He also worked until March 2015.

In 2013, we met. There is a large age gap that bothers me where immigration is concerned, but truthfully, as far as we’re concerned, we have never got on as well with anyone as we get on together and we would both very much like to build on what we have and for him to be able to return to the UK, but he has overstayed. I had to do something radical to meet the financial requirements of being able to support him. So, 2 years into living together, I sold my house and we hit the road with nowhere to go; we camped together on what only can be described as a gypsy camp in order to buy a property to renovate. Now we are 4 years into our relationship and our determination to produce a viable business in order for me to fulfill my obligations to meet the Home Office’s minimum finance requirements has been more than met. I now have a viable business; not only have we built up a business together, which needs managing, we also now have 10 tenants who we provide good quality, approved accommodation to. So, I'm wondering if anyone can help us and let us know what the best course of action for him to be able to stay in the UK would be. It would break our hearts if we couldn't be together. There is no way I could go to his country as my daughter has an eating disorder - and has had for the last 8 years - and recently she has slipped back - shrinking from a size 12 to a size 6 in the space of a few months - along with having to undergo an operation for a prolapsed bowel, most probably brought on by the eating disorder. She doesn't live with us - she is at Uni - but obviously, I'm not sure what effect it would have on her if I had to leave England. In fact, it would be too heartbreaking - I'm really torn between. I hope someone would be able to shed a little glimmer of hope for us. We are both very hard-working people and together we feel we are able to conquer anything. Alone, it’s a different matter.

Any advice on which way to go about this would be really appreciated.

[Oggiemain]

I'm hoping someone will be able to help me.

I did post this before - but I typed the heading wrong and someone replied so I was unable to delete it. I gave the impression we had not been living together - but we've been living together in the UK for just over 4 years.

My partner is a white South African who came to England in 2009 on an EEA family permit with his previous partner and her two children - he had been in that relationship nearly 10 years, however, their relationship broke up 2 years later when she left him for someone else. Obviously, he was heartbroken and had lost his way - he had, like so many others, given up everything in his own country (South Africa) and stayed, hoping that he would be able to re-kindle their relationship as she had left him with the car and so he had hoped it wasn't really over. A year later, when she came to get the car from him, he realised this was not the case. Along with working full time, he also tried to set up an online business that would provide an income for when he returned to his home country. My concern is that the Home Office will want a good reason why he stayed.

In 2013, we met and when we met, I know he was planning that year to go back - but we fell in love. There is a large age gap that bothers me where immigration is concerned, but truthfully, as far as we’re concerned, we have never got on as well with anyone as we get on together and we would both very much like to build on what we have and for him to be able to return to the UK, but as I explained he has overstayed. I had to do something radical to meet the financial requirements of being able to support him. So, 2 years into living together, I sold my house and our belongings and we hit the road with nowhere to go; we camped together on what only can be described as a gypsy camp in order to have cash to buy a property to renovate. I figured that this was the only way I was going to be able to meet the financial criteria of the Home Office. Now we are 4 years into our relationship and our determination to produce a viable business in order for me to do this has been more than met. I now have a viable business; not only have we built up a business together, which needs managing, we also now have 10 tenants who we provide good quality, approved accommodation to. We have loads of evidence that we've stayed together and bank statements showing money going from my account into his. So, I'm wondering if anyone can help us and let us know what the best course of action for him to be able to stay in the UK would be. It would break our hearts if we couldn't be together. We are having so many tearful, sleepless nights over this and every knock on the door is met with our hearts missing beats. We are scared. We realise he has done wrong. We realise that overstaying is wrong. We want to put it right. We want to move on with our lives together. There is no way I could go to his country as my daughter has an eating disorder - and has had for the last 8 years - and recently she has slipped back - shrinking from a size 12 to a size 6 in the space of a few months - along with having to undergo an operation for a prolapsed bowel, most probably brought on by the eating disorder and will most likely be undergoing more surgery in the months ahead. She doesn't live with us - she has managed so far to hold it together to be at Uni - where she is in year 3 of a 4 year course and so obviously, I'm concerned about the effect of me not being around would have on her if I had to leave England. In fact, it would be too heartbreaking - I'm really torn between a rock and a hard place. I hope someone would be able to shed a little glimmer of hope for us. We are both very hard-working people and together we feel we are able to conquer anything. Alone, it’s a different matter.

Any advice on which way to go about this would be really appreciated. Please can someone help???

[CR001]

You really should try to post in smaller paragraphs. Big chunks of text are very difficult to read

Also, no need for multiple topics, please see multiple topics/posts (click)

[Oggiemain]

You really should try to post in smaller paragraphs. Big chunks of text are very difficult to read

Also, no need for multiple topics, please see multiple topics/posts (click)

Thank you for letting me know. Do you think this may be why I’ve not had a response? I did want to delete the other post but I’m not sure how to. I almost want to start again. Sorry if I’ve made it messy.

[Oggiemain]

Good morning

I did post this on another threat, but was advised to post it on here as my historical post will provide background information.

We have been to see a Barrister regarding the above. The Barrister has pointed out that my partner (who I have been living with in the UK for 4 years (lots of evidence of this) worked illegally 3 years ago. We are now worried about the consequences for the person who employed him. What is likely to happen to the company who employed him. Because it happened in the past, will it be overlooked. As I say he left that company 3 years ago, and I have supported him since that time.

Any views, advice on this would be appreciated.

Overstaying is a minefield - better to not do it in the first place.