hi there!i am on tier 1 (general) and due to apply for indefinite leave to remain in july 2013. my partner is an overstayer who first came in the uk through marriage to a british citizen in 2009.they r now seperated but still married. he has been an overstayer since february 2012 after his wife refused to sign his indefinite leave application and confiscated his passport as well as birth certificate. so at the moment he is without a passport and his birth certificate as the woman is refusing to give them back to him. He can't lodge a complaint with the police either as he is now an overstayer.we have been together for 1and 1/2 year and have twins born in march2012.he has a child with his wife as well.he wants to divorce so that we can get married and sort out his situation by including him on my visa as my dependent. is there anyway this could be done without him having to leave the UK? how will the new immigration rules in place from the 9th july 2012, impact such an application?what could you advise is the best way to have his situation regularised in the UK in his circumstances?kind regardsRose
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Hi, yes there is a way he can regularise his stay in the UK without having to leave.
If you and your partner have twins, he will be able to apply to remain in the UK under the access to a child rules which are part of the immigration rules.
If your partner is required to have access to a child whom is present and settled in the UK, he will need to prove this by either a court order or affidavits and other supporting evidence, he will be entitled to make an application to the UKBA.
If granted, he will initially be granted a 12 month visa. Thereafter, he will be able to apply for Indefinite Leave to Remain.
I would strongly suggest that he have a solicitor prepare and submit the application for him.
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If you wish to discuss, please feel free to ask further questions. Kind regards
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