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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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My friend is from south africa and has been living in Uk for

Customer Question

My friend is from south africa and has been living in Uk for almost 10 years illegally, he has worked for the same company all the time, what right does he have? what should he do to become legal?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Is he married?

 

Does he have children?


Tom

Customer: replied 6 years ago.

Hi Tom

 

No he is not married and does not have children

 

Thanks

Expert:  Thomas replied 6 years ago.

Hi,

 

His overstay is grounds for refusal in all cases except those based on marriage/civil partnership or long term cohabiting relationship with a UK citizen or person with indefinite leave to remain. So there is no traditional application he could make that would be successful.

 

Even if he were married the UKBA would still require him to return to his home country in order to make an application for a visa.

 

There is a long residence rule which holds that a person who has been in the UK illegally for a period of 14 years may apply for indefinite leave to remain. If he ends up making this application then he would need documentary evidence to prove the length of his stay here.


He should not tell his work. If they are employing someone without leave to remain then they could face a £10, 000.00 fine. He would be dismissed immediately.

 

Sorry it could not be better news.

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 6 years ago.

Hi

 

Are there no long residency rules for after 10 years?

 

Also if he has been living with a UK citizen for most of the time he has been here how would that help, what would be the next steps?

 

Thanks

Expert:  Thomas replied 6 years ago.

No, if you have lived in the UK legally for ten years then you can apply for ILR. If illegally then it's 14 years.

 

Is he in a relationship with the person he is living with?

 

 

Tom

Customer: replied 6 years ago.

no he is not - just a housemate.

 

Also just one other thought, could I or my parents sponser him to be here? (we are UK citizens)

 

Thanks

 

 

Expert:  Thomas replied 6 years ago.

Please click accept and I shall answer your further query.

 

Tom

Thomas and 2 other UK Law Specialists are ready to help you
Expert:  Thomas replied 6 years ago.
You parents could not sponsor him, this is only relevant to an application for a visitors visa.

Thanks for you accept.

Tom