Hi Mr Emmanuel
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Thanks for the reply
What do you think?
Apart from the discretionary leave to remain is there any other way of legalising my stay ? Im stuck and im tired of it..
Thanks for your question.
That your father is ill in another country is not sufficiently exceptional circumstances that dictate the UKBA should give you further leave to remain in this country. An example of an exceptional circumstance would be where a father should be permitted to stay in the UK to care for his gravely ill child who does have leave to remain.
The point is that you are free to return to Spain at any time, it's just that when you do your overstay will be noted and you will probably receive a ban (most likely for a year) from entering the UK.
There is no other way that you can regularise your stay here if there are not human rights grounds which apply (other than your father - which is not relevant to securing your stay in this country as explained above).
If you return to Spain and receive your Spanish passport then you will be free (subject to any ban you receive) to exercise your European treaty rights to come and work here free of restriction
I am very sorry it could not be better news.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
Sorry I should also have said that where a person has been in the UK with a mix of legal leave to remain and no legal leave to remain they can apply for indefinite leave to remain if they have been here for 14 years, provided they can prove this using documentary evidence.
I could not advise you to stay an aim for this option though, because although it is the present state of the law at this time it may change in the future and leave you stuck.
If i had my way i will go back to nigeria and start applying t go spain, but i have no family members left in nigeria
What are the requirments for discretionary leave?
How long have you cohabited with your British partner ?
Do you intend to marry?
Thank for your accept.
Right. You should really have let me know that before - it's good news.
If you are to marry then you can apply for a spouses visa. Because you do not have a legal leave to remain in this country if you submit an in-country application the UKBA will probably reject it because you are an overstayer. You will probably have to return to Spain to make the application.
The eligiblity criteria for this is as follows:-
Suggested supporting documents in brackets.
You will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement (if applying from outside the UK, available for download from UKBA's website. THe UKBA are not permitted to refuse out of country applications on the basis of an overstay alone so if you application does not have any other defects it will be sucessful
If sucessful you will be granted a spouses visa for 27 months, you can apply for ILR after you have been here for 24 months.
Good luck. I have to go offline now. If you have follow up questions I will answer tomorrow.
Thats the problem how do i go to spain?? I dont have a visa to go spain and I dont have any family members in Nigeria..
Okay please tell me the requirments for discreationary leave because it looks like thats the only option i have got.
What passport do you hold? Nigerian?
If are not able to get some form of leave to remain in Spain then you will have to make it from a country where you are permitted to remain. If you hold a Nigerian passport then presumably you can go to Nigeria and make the applicaiton from there.
I would prepare the application here first and certainly get a local solicitor to check it for you, if not actually prepare the application on your behalf.
You would then be able to submit it to the UK embassy in Nigeria straightaway.,
You can get around the requirement to leave the UK in order to make the application on human rights grounds (family and private life). It is much much easier to do this in a case where the applicant has children here who have a right to remain.
The argument is more persuasive where the relationship is long. If you have been together for 3, 4, or 5 years (and can prove it) then there is a reasonable chance that they may accept your application on appeal, but we are talking percentage chances here (there is no absolute certainty I'm afraid) - you could lose and then be forced to return to Nigeria and make the application from there. It would also take some time.
The quickest way (in my view) for you to get your spouses visa would be to prepare you application here (checked by a solicitor) and return to Nigeria to submit straight away. If there are no defects then you should get your spouses visa within 8 weeks.
I'm sorry I can't be more definative about the in-country application, but the fact is there are not immigration rules on this and it is very much case-by-case.
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).