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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6523
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am overstayed student visa my sponsor die there is no way

Resolved Question:

I am overstayed student visa my sponsor die there is no way I can further after He died.I have lived for more than five years in Uk. I lived in UK struggling on daily food and accommodation, I have lost my parent since I was 12. My uncle was the one that send me to secondary scool and plythenic in Nigeria which is my sponsor before he die was only one I got but now there is no one left for me to go back to in  my birth origin which is Nigeria but I still wish to be educated in my life. Please what advice can you give me. thanks

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

When did your visa expire?

Are you on an adult tier 4 student visa?

Tom
Customer: replied 1 year ago.

my student visa expired 31/10/2012 when I got my visa there is nothing like tier 4 all I know is a student visa adult

Expert:  Thomas replied 1 year ago.
Hi

How old are you?

Do you have any other family in the UK?

Are you in a relationship with anyone and if so what is their immigration status?

I will be able answer at nine,,

Tom
Customer: replied 1 year ago.

I am 28 years old, I don't have family in UK and I am single as well please help me if you can I am tired of this.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m very sorry but I can’t see any options for you unless you are in a relationship with a UK national, EEA national or foreign national holding indefinite leave to remain in the UK.

The reason for this is because you have overstayed your visa the overstay is now a general ground that the UKBA can use to refuse all applications that you would make for a visa expect those based on a relationship to another person. This is under Immigration Rule 320.

If you had only just turned 18 then there would be a possibility that you might be able to apply on a discretionary basis arguing that because of your time in the UK and your young age it would be against your human rights to expect you to return to your home country and adjust to a completely different way of living.

The problem is that because you are an adult the UKBA would take the view that you an independent adult who is capable of adjusting socially and emothionally to the challenges of moving back home. The only possibility that I could potentially see working would be an application for asylum. Claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.

In order to claim asylum you must show that you have a well founded fear of persecution because of:-
 race;
 religion;
 nationality;
 political opinion; or
 membership of a particular social group.

However, the claim would have to be a genuine one and backed up by a lot of supporting evidence. If the claim is not genuine then it would certainly be rejected because only the most convincing asylum cases are actually successful.

I really am very sorry that I could not have better news for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Expert:  Thomas replied 1 year ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom



Thomas, Solicitor
Satisfied Customers: 6523
Experience: BA (Hons), PgDip, Practising Solicitor
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