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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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What are the chances of a 20 year old Albanian man being allowed

Resolved Question:

What are the chances of a 20 year old Albanian man being allowed to stay in the UK if he entered illegally 18 months ago and worked illegally?

His girlfriend of 5 months is a 16 year old UK national (she is now just 17). He was arrested two nights ago at his workplace and it looks like he will probably be deported?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

The fact that he has been illegal in the uk already puts him at a disadvantaged as he has been caught by the ukba committing an illegal act.

This only hope would be to declare to the ukba the fact that he is in a relationship with a British citizen and deporting him from the uk will effect his private life. If he was married to the British citizen it would definitely be beneficial to his case, but at the age the relationship would not be deemed as serious as if the British citizen was 18 or over.

You can try and state reasons for how the applicant's and his partner's life will be effected but I do not think the ukba will entertain such reasons. I would suggest that the chance of him being deported are higher then him being allowed to remain in the uk.

I am sorry if the advice given is not what you wanted to hear but the immigration rules are very strict in respect of granting individuals leave to remain if they are overstaying.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.

Thank you for your prompt reply.


 


I understand that because the girlfriend is just 17 and the relationship is only a few months old, the chances are not good.


 


Could you just clarify that even if he were able to stay (by some slim, remote chance!!) that he would not be granted a work permit for 27 months or until he became a British Citizen?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

I can confirm that if he was granted leave to remain in the uk this would not be a work permit but it would be discretionary leave to remain in the uk. It would then be up to the ukba what restrictions they impose on his leave to remain on a discretionary basis, but in my experience most of the discretionary leave to remain granted do allow the applicant to work in the uk for the duration of his visa.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.

He came illegally so he had no Visa. Are you saying he would get a Visa and be able to work whilst awaiting a decision?


 


 

Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

What would happen is that he would need to submit an application on the basis of his relationship with his partner. Until then he would be released on a temporary basis, then the UKBA will wait until they make a decision on his application, during this time he would need to go and sign at the UKBA center every two weeks.

 

If his application is successful then he would be granted discretionary leave to remain at which time he would be allowed to work(in most cases). He will not be allowed to work simply because he has been released from detention, but only when his application for further leave to remain is granted.

 

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards

Customer: replied 2 years ago.

Hello again - I need further advice is it possible to speak with you? I am happy to rate your service as excellent and obviously wish you to be credited for your time.


 


Specifically, I would like to know in your experience and knowledge of these situations, is there any grounds for him being granted leave to stay in the UK on the basis of a 5 month relationship with a 16/17 year old girl? They didn't live together - there was talk of marriage at some point and a ring was given to her. There is no supporting documentation, it is difficult to see how their lives would be adversely affected by the loss of one another...


 


I do not want to prolong the inevitable by giving false hope. it seems from what I have read that the situation/relationship has to very strong and proven to be so and even then the process can take years and years....


 


 


Is a phone call with you possible - do you have specific experience in this situation?

Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

There would obviously need to be sufficient documentation presented as evidence to the UKBA in order to prove that your case is genuine. If you do not have sufficient documentation regarding their relationship ie birthday cards, emails, telephone calls, letters, photographs etc then yes it would be difficult for the UKBA to entertain such a case and grant him leave to remain in the UK.

 

From the information you have provided I do not see that this is a very strong case, there would need to be a lot of documentary evidence regarding their relationship in order for this case to be successful. However, having said that there is nothing preventing you from submitting an application even if you have a slim chance, provided that the relationship is genuine and there would be adverse effect on both the applicant and his partner if he was to be removed from the UK.

 

Unfortunatley, we are unable to contact customers outside this website and any information that I give must be through this website only. I have had case of the same nature but what I always state to my clients is that their case is only as strong as the documents they provide. If you cannot provide the documentation then it would be worth spending money on a case that has more than 50% chance of being refused.

 

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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