How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am by name Mr Emmanuel I , I was born in spain but lived

Resolved Question:

I am by name Mr Emmanuel I , I was born in spain but lived in Nigeria from age 4 till 18, then moved to England to study. I came here on a student visa in year(2002), the problem i got now is that my visa has long expired and im now an overstayer, this happened cos my dad was ill adviced that he could apply and try to get spanish passport for me. My family migratd to spain after i moved to England so i got no one back in nigeria.

After much delibrations with the spanish justice minister my dad told me i will have to come spain and live for one year to gain spanish citizenship. Now i want to legalize my stay here in the U.K and carry on to do a phd course.. I have studied up till a masters level..

How do i legalize my stay?
what can i do?
I have been adviced to apply for the discretionary leave what do you think?
What is the best possible way to deal with my situation?

My dad has suffered a stroke, i really want to go spain to visit my family im tired o being stuck here.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Mr Emmanuel

 

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. On what basis have you been advised to apply for discretionary leave to remain? This is a specialist application which asserts you should be granted leave to remain outside the traditional forms of application contained within the Immigration Rules.

Kind regards.

Tom

Customer: replied 3 years ago.

Thanks for the reply

  • I was advised to apply for that because i have over stayed my visa and i do have a case for compasionate grounds beacuse my father is ill in Spain and I also have stayed here for almost nine years meaning that i have formed my life in the United Kingdom. And I do have good good barchelors and a masters degree..

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..

 

Expert:  Thomas replied 3 years ago.

Hi Emannuel,

 

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.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 3 years ago.

Emmanuel,


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.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
  • I do understand the law and i appreciate your answer, i do not plan to stay another five years to apply for indefinate leave to remain, however the length of my stay should count for something and even if i cant use my dad circumstances the fact that i got a friends, family and a patner that is a british citizen should amount for something..

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?

Expert:  Thomas replied 3 years ago.

How long have you cohabited with your British partner ?

 

Do you intend to marry?

 

Thank for your accept.


Tom

Customer: replied 3 years ago.
We have been engaged for two years and we getting married next month.
Expert:  Thomas replied 3 years ago.

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:-

 

  • 1. That you are legally married to eachother (marriage certificate)
  • 2. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 3 You can support each other withoutthe need for public funds (bank statements, evidence of income)
  • 4. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 5. That neither of you are younger than 21 years of age. (birth certificates, passports)

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.

 

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

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.

Expert:  Thomas replied 3 years ago.

Emmanuel,

 

What passport do you hold? Nigerian?

 

Kind regards.

 

Tom

Customer: replied 3 years ago.
yes
Expert:  Thomas replied 3 years ago.

Emmanuel,

 

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.,

 

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
I understand that, however on the contrary a local barrister said i can apply under European human right laws(Right to respect for private and family life)on the case that I have fully integrated to the British way of life.

I also found this on the website please have a look......

This category applies to both asylum and non-asylum cases. In non-asylum cases it is most
likely to arise in the context of a marriage or civil partnership application where, although the
requirements of the Rules are not met (e.g. because the correct entry clearance is not held),
there are genuine Article 8 reasons which would make return inappropriate.


I really want to be sure what am doing before i make any application... I for one believe with or without my partner that i can make a strong case if i get summoned in court, I overstayed my visa because I was ill advised about gaining Spanish citizenship, I have not broken any criminal laws and have carried on studying with out any gaps....
Expert:  Thomas replied 3 years ago.

Hi

 

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.

 

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you. i will way up my options and then apply

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience