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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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have being staying in uk for 6 yrs how can i apply for pa

Resolved Question:

have being staying in uk for 6 yrs
how can i apply for paper
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



What is your current immigration status in this country? VIsa? Indefinite Leave to Remain?


What do you want to apply for?



Customer: replied 6 years ago.
visa over stayer
i would like to legalise my stay
Expert:  Thomas replied 6 years ago.


I'm afraid that an overstay means that you are now illegally in this country. If one wishes to apply for ILR on the basis of both legal/illegal lengths of time in this country then they would have to be able to prove 14 years residency in this country. This is not something I could recommend aiming for because there is speculation that this may be taken away by the new government.


A length of overstay is not grounds for refusal if you were to apply for a fiance/spouses/unmarried partners visa. In the event that your application on one of these grounds did not contain any other defects then it could not be rejected on the basis of the overstay alone.


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,


Customer: replied 6 years ago.
can you help me in fiance/spouses/unmarried partners visa
Expert:  Thomas replied 6 years ago.

Are you in a married, engaged or in a relationship having cohabited with that person for over two years?


Does your spouse/fiance/partner have ILR or UK citizenship?

Customer: replied 6 years ago.
none of the above
Expert:  Thomas replied 6 years ago.

Then you will not be able to make an application until you are in one of those relationships previously mentioned.


If you intend to be married to a UK citizen/person with ILR then the criteria is as follows for a fiance visa and is largely the same for a spouses visa, you would have to show that:-


  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

Needless to say, the relationship/marriage must be genuine.


Hope this clarifies, if so please click accept. I will continue to answer your follow up questions free of charge but am to go offline for a few hours shortly.


Kind regards,


Edited by T_Graham12 on 12/5/2010 at 3:22 PM EST
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