UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Any leave to appeal the decision as to your student visa would have passed by now I',m afraid.
The reality is that your period of overstay is grounds for refusal for all visas except those which relate to a relationship to a person who is either a UK citizen, EEA national or non-EEA national with indefinite leave to remain in the UK. If you were to become engaged to or marry a person in one of these categories then the UKBA would not be able to to reject an application to settle here on the basis of the overstay alone. Similarly, had you been cohabiting with a person in these categories for a period of 2 years then you could apply for an unmarried partners visa and in and of itself the overstay would not affect the application. They would however as that you return home and make the application from there in both the aforementioned cases.
If this is ever the case then I would advise you to take specific advice from a local immigration solicitor immediately after taking the decision to marry.
Under the present rules a person who has been in the UK illegally (or partly legally, partly illegally) may apply for indefinite leave to remain if they can demonstrate they have been in the Uk for a continuous period of 14 years. This is not something I could ever advise to rely on however, because there has been speculation that this rule may be ceased.
You could possibly attempt to claim asylum if you had a genuine well-founded fear of persecution because of your:
But the difficult here is that you did not apply for this first, you applied for a student visa and that is a very significant hurdle to overcome as they will immediately be very very suspicious indeed of your asylum claim. In practice only 19 in every 100 claims are successful. The remainder are returned to their country of origin.
Sorry it could not be better news.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions. Kind regards,
No, that would not work I'm afraid for two reasons. One, your overstay is a ground for refusal for a worker's visa (they would certainly refuse I'm afraid) and, two, because the UKBA have placed a cap on applications for workers which means that no further applications are being accepted until further notice.
Hope this clarifies, if so please kindly click accept. I will continue to answer you follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).