Boyfriend is a 15 year UK overstayer. Lawyers called case complex. Best route to apply?

[Aridelle]

Hi,
I appreciate any advice I can get on this.
I’ve researched and read ‘similar’cases but none stick out as truly the same.

Brief background:
My boyfriend of 8 months, is an illegal 15 year overstayer in the U.K. He and his siblings were brought over as very young children from a non EU country on a dependant’s visa and never returned. Following bad legal advice, their stay was never legally sorted. Their parents are not UK citizens and do not live here.
They all attended UK school and have NI numbers.

Question:
What is the best route to gain his stay?
And do any of the following affect this case?

I’ve answered common questions below:
1) We intend to marry in a few years time but not right now.
2) I do not intend to live with him until I buy a house in around 2 years time as I do not want to rent. (he rents & lives by himself)
3) I am a British citizen and satisfy financial requirements, but I currently live at home.
4) He hasn’t used his NI to work, he has been financially supported by family in the UK. He has not used NHS services.
5) He has no children.
6) He has a valid non EU passport.
7) He arrived in the UK at the age of 13/14 and was too young to approach HO by himself.
8 ) He is able to prove his continual stay in the UK
Since.
9) There aren’t any extra circumstances such as asylum etc.
10) One of his siblings now has a British child (and is under 25 so different route) and other sibling is married to a UK citizen awaiting a HO response to their application. (Though I’m not confident this will be successful as no children)

I appreciate any weigh in on this! Thank you x

[bathanza]

In country FLR FP private or partner route have requirements or 2 year cohabitation or marriage. Even you were married you must have exceptional circumstances as to WHY he must remain in country rather than return back to his home country and apply for entry clearance, since you do meet requirements financially.

A long expensive and lengthy battle if you did end up lodging a private life case.

As you do not have much ties other than a really good positive relationship, I would highly recommend that he returns back to his county and apply for a fiancé visa.


This would mean, however, within 6 months you have to switch to an in country FLRM when he gets his visa, which you state you're not ready for. But it's the most quickest and legal way forward.

Or he returns, marry him in his country of origin then apply for entry clearance as a spouse when you return. Again, as you stated, you'll most likely do that in 2 years time..

15 years still will not sit well with the HO. The private life route has a 20 year countinous stay paragraph which he could meet, again, is it enough to let him stay.

[Aridelle]

Thank you for taking the time to reply and for your frankness. I’ve realised this will be a long and expensive process regardless.

Do you think he would be more successful waiting for 20 years to go past to opt for that route?
(I’m wondering how laws will have changed by then)

Thanks again

[bathanza]

Well if can evade the HO for 5 years and withthstand not working or studying legally. .then that is that rule

Now it used to be a shorter period of time before rules changed to 20 years. So yes, you never know if there's a huge overhaul

Question: is he reporting his whereabouts at the Home Office at all?

[Aridelle]

Hi,

No he’s not currently reporting his whereabouts. I assume that they are totally unaware. He has an NI number etc but I guess just slipped under the radar?

Thank you

[Londoner007]

Immigration rules can change at any time so its your call.