Overstay / Illegal in the UK - More than 18 years

[secret_qa]

HI All,

I am asking this on behalf of a friend who happens to know a man who is in the UK from last about 18 years. He came here on a spouse visa and then his wife kicked him out of the house after they had a baby.

Since then he has been living in the UK. He did not sign any divorce papers and neither renewed anything. He lived here with the hope to see his child one day on whom he did not want to give up. He is not in touch with his ex/wife and now thinks he can settle in the UK after a total period of 20 years.

can you please tell if it is possible for him to get ILR in the UK considering his circumstances?

Many thanks,

[vinny]

See also

Appendix FM 1.0b: Family Life (as a Partner or Parent) and Private Life: 10- year Routes

Long residence and private life resources—overview

How old is his child now?
Has he ever seen his child?

[secret_qa]

Thanks for the reply Vinny,

As I mentioned earlier, I do not see the stay of that man legal since he never renewed any of his documents after coming to the UK. He has no documents on him and has not seen his wife for almost 15 or 16 years.

so the references that you have given does not apply on his case...

Can you please tell what shall he do when he has nothing on him... no documents, no ID, no possibility of reconciliation with his wife?

Thank you,

[vinny]

Look at 276ADE(1) and
Private life—further leave to remain applications, and
Appendix FM 1.0b: Family Life (as a Partner or Parent) and Private Life: 10- year Routes.

However, with no documents, it may be difficult for him to prove his identity, how long he has been in the UK, etc. Conversely, also difficult for them to remove or deport him; to which country?

How is he surviving in this hostile environment?

[secret_qa]

hi Vinny,

Thanks for the reply. He is from Pakistan and I have no idea how is he surviving her.

I guess his son is now 16 and he only saw it twice. Once he saw him when he was 6 or 7 and at that time his ex-wife came up and threatened that she would call the police if he does not leave

I guess the main reason for this man t stay here is that he hopes that one day he will meet his son.

He is worried that if he applies for OLR he might be deported.

any thoughts on his case please?

[secret.simon]

The friend of your friend is not eligible for ILR. Once he completes 20 years total (legal+illegal) residence in the UK, he could apply for FLR(FP) - Immigration Rule 276ADE(1)(iii) - and after ten further years of continuous legal residence (involving renewing his FLR(FP) every 2.5 years), he would be eligible for ILR.

As Vinny has already advised, he will of course need documentary proof of his identity.

I cannot comment on the risk of his being arrested and deported, but given that he has broken the law for about 18 years, there may be some repercussions.

EDIT: Vinny, your thoughts to an alternate approach. When the person entered the UK as the spouse of a British citizen or a person settled in the UK, their visa would likely have been issued for a 2 year period, with the expectation that they would apply for ILR immediately following those two years. Could the person apply for ILR based on reasonable expectations that he was expecting to get ILR, almost as a matter of course (we are talking of 18 years ago), but could not apply for it due to exceptional circumstances at that point in time?

[secret_qa]

Many thanks for your reply,

All I know from a common friend is that he is illiterate and was initially told by his in-laws that his documents are all sorted when they threw him out of the house. So for a couple of years, he imagined the same but it was only after 5 or 6 years that somebody told him that no documentation means he is illegal.

The poor guy cannot spend on solicitors and I will appreciate your further assistance on this as at least we can give him the clarity and options. I guess he is in an old age now and I really want to pass on the right advise at least

Many thanks,

[vinny]

EDIT: Vinny, your thoughts to an alternate approach. When the person entered the UK as the spouse of a British citizen or a person settled in the UK, their visa would likely have been issued for a 2 year period, with the expectation that they would apply for ILR immediately following those two years. Could the person apply for ILR based on reasonable expectations that he was expecting to get ILR, almost as a matter of course (we are talking of 18 years ago), but could not apply for it due to exceptional circumstances at that point in time?

At around that time, the probationary period for ILR for a spouse was one year. Unfortunately, if the relationship broke down, he would not have qualified for ILR under 288.

Surprisingly, the "PERSONS EXERCISING RIGHTS OF ACCESS TO A CHILD RESIDENT IN THE UNITED KINGDOM" category did not appear to include any leave to remain applications!

Therefore, any leave they grant would have to discretionary, outside the rules. But at that time, the environment may have been less hostile than it is today.

[vinny]

The poor guy cannot spend on solicitors and I will appreciate your further assistance on this as at least we can give him the clarity and options. I guess he is in an old age now and I really want to pass on the right advise at least

See also toolkit.

[secret_qa]

Many thanks, Vinnay et al