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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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Illegal in UK no visa came to UK illegally what can be done

Customer Question

Illegal in UK no visa came to UK illegally what can be done ! Originally from Belarus been living in UK for 2 years ! Bellarussian passport finishing in March !
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.



Are you in a relationship and/or married to a UK citizen or someone with indefinite leave to remain?


Customer: replied 5 years ago.
I am in relationship with Russian girl but she doesn't have indefinite leave to remain ! Been living with her for 1 year
Expert:  Thomas replied 5 years ago.



What visa is she on?


Do you have any children here in the UK?


Customer: replied 5 years ago.
She is on Student Visa for over 7 years
Unfortunately no children
Expert:  Thomas replied 5 years ago.



Your options are very limited. Your overstay is grounds for refusal for all visas except those relating to your marriage or long term relationship (ie 2 years cohabiting) to a UK national or person with indefinite leave to remain. Even then as you are here illegally the UKBA would require you return home and make your application from there, though they would not be able to rely on the overstay alone as sole grounds for refusal.


Your girlfriend would only be able to apply for ILR after ten years.


You cannot apply as a dependent of your girlfriend because you are not married to her and even then it would be legitimate grounds for refusal.


There do not appear to be any grounds for an Article 8 RIght to Family and Private Life discretionary application.


You could attempt to make an application for asylum but it must be genuine. IN order to be legitimate you must not be able to return to your home country because you have a well-founded fear of persecution because of your:

  • race;
  • religion;
  • nationality;
  • political opinion; or
  • membership of a particular social group.


You would have to prove the above by using documentary evidence and if your claim is found to be spurious then this could affect any future application you make. In reality less than 20% of persons claiming asylum are actually successful.


You can only claim ILR on the basis of long residence if you have been here illegally for 14 years so obviously you're a very long way off of that.


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,


Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
If I will be living with my girlfriend and pay all the bills like electricity , gas bills is it possible to get visa somehow ? or is it possible to do a civil marriage ?
Expert:  Thomas replied 5 years ago.



Paying bill does not make a difference.


I'll have to check tomorrow morning on marriage & dependent applications and get back to you because I'm on my phone at the moment.

Trust this is ok.


Expert:  Thomas replied 5 years ago.


What level of study is she doing - diploma, degree, masters?


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