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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6644
Experience:  BA (Hons), PgDip, Practising Solicitor
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someone has over stayed her visa, looking after a relative.

Resolved Question:

someone has over stayed her visa, looking after a relative. Her application on carae grounds was refused then she applied for asylum for fear of persecution if she was deported due the instability of home country but has also been denied. she will be 60 in november but family she cares for really need her. she is not on any benefit. what can she do to stay?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What visa did she originally have
2. When did she come to the UK
3. Is she in a relationship with a UK national, EEA member state national or person holding ILR
4. Does she have any UK citizen children or EEA children

Kind regards.
Tom
Customer: replied 2 years ago.
1 she had a visitors visa

2 came in november 2005

3 Not in relationship but person she is caring for is a sister, and she has other family around- brother, sister son, grand children. other family back home.

Thanx
Expert:  Thomas replied 2 years ago.
Okay.

What nationality is she?

Did she apply on care grounds on a discretionary basis?

What nationality is her sister? Does she hold indefinite leave to remain?

Tom
Customer: replied 2 years ago.
she is ugandan, sister is British. Initial application was to care for

sister but was declined, while she was getting ready to go back home,

situation changed due to political instability, her two sons were

arrested back home (unknown location), so she got scared and applied for

asylum on those grounds.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

I assume that she is not eligible for UK citizenship in the same way her sister was.

I’m afraid that she is in a particularly bad situation. She has come here on a visitor’s visa. No applications are permitted under the terms of a visitor’s visa for any kind of permanent stay, so any application made would be entirely at the discretion of the UKBA as they would be able to reject it on the basis of the overstay.

She really does not have any options at all apart from making pursuing the appeal at the Upper Tribunal if this is what she is doing. If this is rejected and there is no error in law or procedure – together with her asylum having been rejected – then she does not have any other options apart from submitting a further application for discretionary leave to remain. This would only be worth doing if she is certain there is further evidence or arguments which were not included in her original application. She must be honest with herself, if there is no further evidence /arguments to be made then there is no point in applying because they will simply reject the application and keep the fee.

In all probability the UKBA would look to deport her after the tribunal you refer to. I regret to say that she has prejudice herself very badly by overstaying, even though I am certain she did this for morally good reasons this has resulted in giving the UKBA a general ground for refusal of most visas. The only applications she could make (out of the UK too) where this would not give them an automatic reasons to refuse is on the basis of marriage.

An illegal person must be in the UK for 14 years in order to claim ILR so this is not an options either.

I am very sorry I could not have better news for you.
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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
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