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Overstayed 18 years and ILR

General UK immigration & work permits; don't post job search or family related topics!

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Melissa8102
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Joined: Thu Sep 26, 2024 10:13 pm
United Kingdom

Overstayed 18 years and ILR

Post by Melissa8102 » Thu Sep 26, 2024 10:30 pm

Hi All,

Really need your assistance with this matter.

I came to the UK in 2006 with an Aupair visa and got married here in 2008. After one week of getting married, my visa expired in 2008. I was told by the home office that I must return to my country and apply for a visa there, but I haven't done so yet. Since that time, I have been living illegally in the UK. I'm still married but I don't have any children. My husband, who is 62 years old, suffers from heart disease. I was instructed by the doctor to keep an eye on him and call an emergency call because he has trouble breathing while sleeping. He has stopped working.
I want to legally reside and work in the UK. 18 and half years have passed since I arrived in the UK. Am I able to apply to make my stay legal ?


Any advise would be helpful.

Thanks
Melissa

meself2
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Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Overstayed 18 years and ILR

Post by meself2 » Fri Sep 27, 2024 6:54 am

It's way too early to talk about ILR.

You would have to either apply as a spouse (and be put on 10 year route/do a 5 year route switch) or wait for another 2 years and apply for long residence to stay in UK as youve been here for 20 years (which is also a 10 year route).

Other members will give you further advice.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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zimba
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Re: Overstayed 18 years and ILR

Post by zimba » Fri Sep 27, 2024 11:53 am

I agree that unless you do not gain any form of lawful residence, there is no path to ILR. If you are married to a British citizen, an FLR(FP) application should succeed.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Re: Overstayed 18 years and ILR

Post by secret.simon » Fri Sep 27, 2024 4:37 pm

What citizenships/nationalities do you hold?
In particular, do you hold the citizenship of any country/ies in the EU/EEA?
Alternatively do you hold Commonwealth citizenship?
Is any of your grandparents born in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Melissa8102
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Posts: 2
Joined: Thu Sep 26, 2024 10:13 pm
United Kingdom

Re: Overstayed 18 years and ILR

Post by Melissa8102 » Mon Sep 30, 2024 11:35 pm

Thank you all for taking the time to reply. FLR is no longer my priority. My mother has been severely ill and she is now deteriorating..I have to go to Turkey to see my mom for one day and return right away because I can't leave my husband alone for more than one day. Waiting for FLR is not an option for me. Is there any short-term temporary visa that can be issued quickly and allows me to travel to Turkey and return on the same day?
My husband's nationality is British and mine is Turkish.
Thanks.

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Overstayed 18 years and ILR

Post by meself2 » Tue Oct 01, 2024 12:26 am

Melissa8102 wrote:
Mon Sep 30, 2024 11:35 pm
Is there any short-term temporary visa that can be issued quickly and allows me to travel to Turkey and return on the same day?
Not that I know of.
You can try to contact UKVI and speed up the decision process, but I do not know whether it will work.

You can leave and your husband can apply for spouse visa for you, but it might take a good while and won't necessarily be successful.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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Ticktack
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Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Overstayed 18 years and ILR

Post by Ticktack » Tue Oct 01, 2024 11:15 am

Melissa8102 wrote:
Mon Sep 30, 2024 11:35 pm
Thank you all for taking the time to reply. FLR is no longer my priority. My mother has been severely ill and she is now deteriorating..I have to go to Turkey to see my mom for one day and return right away because I can't leave my husband alone for more than one day. Waiting for FLR is not an option for me. Is there any short-term temporary visa that can be issued quickly and allows me to travel to Turkey and return on the same day?
My husband's nationality is British and mine is Turkish.
Thanks.
Let's not forget the crux of the matter. You're here illegally. There's nothing you can apply for that you'd get at the snap of a finger. It would take a lot of time.
Even people here legally still have to wait a long time for verification to take place.

I'm very sorry that your mum is poorly, but at this point in time, you're between the devil and the deep blue sea.

You either go see your mum, apply from outside and have no idea when you're going to come back.
Or, stay and clear your immigration status once and for all which could take anything from 6 months to a year or more easily.
No easy fix!
No sin in failing, you just have to try and try again!

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