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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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should a person have over stayed their student visa, Do they

Resolved Question:

should a person have over stayed their student visa, Do they have any grounds to apply for any other visa. What are the grounds for applying for permenant stay?
Can you advise me on the easiest and cost effective way to comply with immigration rules on applying for a permenant stay, many thanks
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hello Scrumpy,

 

Thanks for your question.

 

I'm afraid it is a criminal offence to overstay your student visa. The only options for your are to stay here (illegally) for 14 years after which you can apply for indefinite leave to remain (but you could get caught and deported during this time and this would certainly prejudice your future options to come back to the UK)

 

OR

 

you can marry a British citizen now before going home and apply (from here) for a spouse VISA (but bear in mind before you can actually marry the British citizen you will need to obtain a certificate of approval from the Home Office to enable you to enter in to a marriage. This is free of charge. Your being here illegally would not affect your right to a certificate of approval due to the application of the Human Rights Act 1998.

 

I'm sorry I could not have better news for you. However, if this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received.

 

Kind regards,

 

Tom

 

Customer: replied 6 years ago.
At present I am not working or claiming benifits and dont intend to. The reason I have overstayed is due to not wanting to leve my daughter or partner. Would it be possible for the authoroties to know that imm am still here and pick me up from the current adress I am living. My intention is to return as soon as can find the fare to return home, Many thanks
Expert:  Thomas replied 6 years ago.

Hi,

 

Unless the UK Border Agency know of your address then it is highly unlikely that they will come and find you to report you. If you randomly get stopped anywhere by a UK Border Agency official then they will likely deport you.

 

My advice would be to keep a very low profile for now to enable you to return home (or trying the final option below) and then make another application from your home country (eg by getting married)

 

You could apply here for an unmarried partners visa but because you're here illegally it would be more complicated (and a bit more risky), if it gets refused you can still go back home and make another application. I would probably suggest trying this first.

 

Please click accept.

 

Tom

Customer: replied 6 years ago.

Sorry did you mean it would be more benifical to go home first or vice versa ?

One last query, would it be more of benifical to get married in my home country and apply or a visa to return or to apply for a visa from and get married in this country, Many thanks for your time.

Expert:  Thomas replied 6 years ago.

Hi,

 

Sorry I should have said that if you have not been in a relationship with your partner for two years or more you will not qualify for an unmarried partners visa so your only option would be to apply for a certificate of approval for marriage from the home office. Once granted and you are married you will be able to apply for a spouses visa.

 

The other option if you do not want to apply for a certificate of approval for marriage then you can get married without one in an anglican church, once married you can then apply for a spouses visa in the same way.

 

If you have not been with your partner for two years, or are not prepared to marry now then you should lay low until you can afford to return home and make another application from there.

 

Please click accept

 

Tom

Customer: replied 6 years ago.

Sorry Im still confused!

1) Would it be better to return home and apply for a spouse visa from there.

2) Would it be more benifical to marry in my home country and then apply ( this is what i have been advised to do via people who have experienced these curcumstances)

3) If I should marry in an aglican church ( i assume in this country ?) could i then apply without going home ?

I basically want to know the most effective way of assuring thet I can return to this country and be with the people I want to be with . Sorry for my ignorence, many thanks

Expert:  Thomas replied 6 years ago.

No problem.

 

If you are prepared to marry your partner here then do so and apply for a spouses visa after. You could do this in an anglican church without the need for a certificate of approval and would not need to go home to make the application for a spouses visa, you can do that here.

 

If you are not prepared to marry but have been with your partner for two years or more then stay here and apply for an unmarried partners visa.

 

If you are not prepared to marry and have not been with your partner for two years then you should lay low until you can afford to travel back home, then return home and make a further application from there.

 

I hope this clarifies, if so please kindly click accept.

 

Tom

 

 

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