What nationality is the person you are in a relationship with?
When did you obtain your final divorce decree?
When did your leave to remain in this country expire?Tom
If you have been cohabiting with your partner for a period of two years from the date of the divorce decree you may be eligible to apply for an unmarried partner's visa.
The criteria for such a visa is as follows:-
You whould have to produce substantial supporting documentary evidence for the above and in particular that for the length of your relationship.
You would also have to pass an english language test before applying. You can contact the UKBA or the UK embassy in SA about this.
The UKBA would require you to return home to make this application, they will not entertain an application made in country because you are illegal. You cannot apply in country because you are illegal unless there are exceptional circumstances that apply (ie. where to do so would prejudcially affect your health or the health of your partner/child.)
Your overstay in and of itself is not a sufficient reason to refuse the visa applicaiton if made out of country (Immigration Rule 320)
You should get a UK solicitor to draft the application for you before you reutrn to SA to submit it. It would cost around £800-1000 +VAT.
You can find UK solicitors using the following site:-
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
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