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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11825
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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immigration status - illegal immigrant came to this country

Customer Question

immigration status - illegal immigrant
came to this country in 1998, met someone got married and was working for a year. the time came when i was about to apply for my indefinite leave to remainin the uk. my wife ran away and i could not contact her. i did not return to my country - hence, i have since been in this country illegally. i now have a partner and a child of six months. i am unable to work leaglly because of my status. i would like to be able to be granted legal status because i desire to support my family and better my life. i know i am in a difficult situation but i would like your expert advice on what are the possible options i can excercise to be granted legal status in the uk based on the information i have presented..
your help would be grately appreciated.
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  INC replied 7 years ago.



Have you obtained a Divorce from your estranged wife?


Do you intend to marry your current partner?


Many thanks,

Customer: replied 7 years ago.

i have the intention to marry to my present partner but not just yet.. i am not yet [knowingly] divorced my estrange wife.


i am in this country legally from 1998 - 1999 and illegally from 1999 - present. marrying my current partner is the last resort at the moment therefore i am interested to know what the other options may be available to me [if any]. please feel free to ask me for more information as necessary.


i thought of the 14year immigration procedures for illegal immigrants but i still have nearly two years to go which is a long time- that is the reason i am looking into human rights regulations and otherwise - ultimately your expert opinions would be grately appreciated.




Expert:  INC replied 7 years ago.
From the limited information you have provided above, there is little you can do to regularise your status at this stage. As you have mentioned the 14 year long residence rule.

The only other thing I can think of is an Unmarried Partners Visa, but as you have been in the UK illegally, this unlikely to be accepted.

With regard to Human Rights, you may have a case for argument ander Article 8 of the Human Rights Act 1998, the right to a private and family life.

It would be very difficult to give you any specific guidance without seeing any documentation.

I hope this helps. If so, kindly click accept.

Kind regards,
Customer: replied 7 years ago.
thanks for your answer but it is information i have already reasearched and aware of therefore, this answer hasnt enhance my understanding furhter than what i already know but i do appreciate your effort in answering my question.
Customer: replied 7 years ago.

what if i got divorced and want to marry my present partner. would i have to return to my country and marry and apply to return to the UK or could i get marry here and make an application for remaining in the UK indefinitely..



Expert:  INC replied 7 years ago.

In order to get married, you will need to obtain a certificate of approval from the home office.

Once married, you should be eligible to make an application from th uk, however, there is no guarantee that it will be accepted.

I hope this helps.

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