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8 years Child overstayer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tobitobi
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Posts: 1
Joined: Thu Sep 23, 2010 2:36 am

8 years Child overstayer

Post by tobitobi » Thu Sep 23, 2010 2:53 am

Hi,

My brother now 20 came in 8years ago on a visiting visa with my mother. She unfortunately passed away 2 years later here and he has been with me since. Our dad left us when he was much younger and my sisters are here legally leaving him with no ties at our home country. I want to apply for an ILR for him but I'm clueless on how to go about it or even know what chance he has? I'm a british citizen and he's currently studying at university. Any ideas??

avjones
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Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Sat Oct 09, 2010 11:08 pm

It's a tricky one. As he's over 18, he's not dependant on you as a minor. And he had no right to remain under the Immigration Rules.

The only way to do it would be to apply for leave to remain outside the rules, invoking Article 8.

Chances are very high that would be refused. Your real hope is on appeal, not at the Home Office.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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