Thank you for your reply.

If you had submitted an application before 9 July 2012 for discretionary leave to remain on the basis of your relationship with your partner then the ukba would have considered it under the human rights act.

However the rules being introduced from 9th July 2012 means that they have increased the bar as to what application they would consider to be accepted under the human rights act. The have changed to mean that any application which would have been considered outside of the immigration rules on a discretionary basis will now only be considered if the applicant meets the immigration rules. As your partner is an overstayer she fails to meet the first requirement, which is that she must have valid leave to remain and not be an overstayer.

She must now return back to her home country and submit the application from outside of the uk for entry clearance as your fiancé or when you have married as your spouse.

Although there is no bar on you to still submit an application for discretionary leave to remain in the uk, it will most likely be refused. Had the application been submitted before 9th July 2012 there was more chance of success.

Please be mindful of the fact that your partner is committing a criminal offence by overstaying in the uk.

I am sorry if the advice given is not what you wanted.

I hope this answers your question if so kindly leave positive feedback so I can get credited for my time.

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