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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I have a New Zealand friend who I understand came to this country

Resolved Question:

I have a New Zealand friend who I understand came to this country on a working visa over 10 years ago. When the permit expired he did not return to New Zealand - I believe this was because he was involved in a relationship. Subsequently, that relationship broke down but he continued to stay in the Uk.
I undertstand that he has now been in the country approximately 10 years since the expiration of the original permit; in that time he has clearly had to support himself.

After 10 years or more his connection to this country is extremely strong - it is now home.

What options for permanent residency can he pursue. What would be the likely success?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Unfortunately there is no provision for him to apply to remain in the UK under the Immigration Rules. Does he have any relationship or family in the UK?
Customer:

I am unaware of any family but he is in a relationship with a UK resident.

Awan-Legal : The only possible rule that may have applied to him is the 14-year rule. The residence in the UK needs to be continuous, but need not be lawful. For example, original illegal entry or overstaying do not count against an applicant. The rule exists to regularise illegal long term residents, basically. Where enforcement action was started against a person within the 14 years, they cannot apply, however.
Awan-Legal : In any event, your friend will not qualify for this either since he has not been in the UK for 14 years.
Customer:

In summary then he has to continue in limbo for another 4 years?

Awan-Legal : How long has he been in the relationship? Are they living together?
Awan-Legal : Not necessarily depending on his relationship.
Customer:

What would be his situation should his current relationship continue and blossom into a situation whereby the couple wish to marry?

Customer:

Sorry - about 2 years; I believe they are living together.

Customer:

Is there ny new legislation on the horizon that might reduce the 14 year rule?

Awan-Legal : He can return to New Zealand and apply to come back to the UK as her spouse. Alternatively, if he meets all the immigration rules, he can apply In the UK using a case called Chikwamba which allows this on human rights grounds. A lawyer could help him with this type of application as it is outside the Rules.
Awan-Legal : Nothing on the 14 year rule I am afraid.
Customer:

Do you have any more comments/thoughts that may be of use?

Awan-Legal : If they have been living together for two years and have evidence of this, then they can apply in the same way as above (i.e as spouses do).
Customer:

Thankyou for your assistance.

Awan-Legal : I would advise putting in an application on this basis and perhaps getting the assistance of a lawyer as this is not entirely straightforward.
Awan-Legal : The rules are as follows:
Awan-Legal : (i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these rules; and(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and(iii) the applicant is the unmarried or same-sex partner of a person who is present and settled in the United Kingdom; and(iv) the applicant has not remained in breach of the immigration laws; and(v) the parties are not involved in a consanguineous relationship with one another; and(vi) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and(vii) the parties' relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and(viii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and(x) the parties intend to live together permanently; and(xi)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant?s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:(i) the applicant is aged 65 or over at the time he makes his application; or(ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;(iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or(xi)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or(xi)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or(xi)(d) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and(1) provides the specified evidence to show he has the qualification, and(2) UK NARIC has confirmed that the qualification was taught or researched in English, or(xi)(e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:(1) he has the qualification, and(2) that the qualification was taught or researched in English.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
I missed the rules as follows......
Expert:  Awan-Legal replied 2 years ago.
(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these rules; and

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the applicant is the unmarried or same-sex partner of a person who is present and settled in the United Kingdom; and

(iv) the applicant has not remained in breach of the immigration laws; and

(v) the parties are not involved in a consanguineous relationship with one another; and

(vi) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and

(vii) the parties' relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

(viii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(x) the parties intend to live together permanently; and

(xi)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant?s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application; or

(ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

(iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

(xi)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(xi)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(xi)(d) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and

(1) provides the specified evidence to show he has the qualification, and

(2) UK NARIC has confirmed that the qualification was taught or researched in English, or

(xi)(e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

Thanks so much for the accept.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you

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