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:-
- any previous marriage, civil partnership or similar relationship, has permanently broken down
- you have been living together in a relationship similar to marriage or civil partnership for two years or more
- you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
- you can support yourselves and any dependants without any help from public funds
- you intend to live together permanently
- your partner is not under 21, and
- you are not under 21 at the date of arrival in the UK.
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:-
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