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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello! Since 20th of August 2010 im illegal in the UK. The

Customer Question

Hello! Since 20th of August 2010 i'm illegal in the UK. The things is that i was applying for student visa to study Master degree. I had face to face appointment with Home Office, but i was refused because of less money in my account. Is there any chance for me to legalisate my status???
Thanks
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Any leave to appeal the decision as to your student visa would have passed by now I',m afraid.

 

The reality is that your period of overstay is grounds for refusal for all visas except those which relate to a relationship to a person who is either a UK citizen, EEA national or non-EEA national with indefinite leave to remain in the UK. If you were to become engaged to or marry a person in one of these categories then the UKBA would not be able to to reject an application to settle here on the basis of the overstay alone. Similarly, had you been cohabiting with a person in these categories for a period of 2 years then you could apply for an unmarried partners visa and in and of itself the overstay would not affect the application. They would however as that you return home and make the application from there in both the aforementioned cases.

 

If this is ever the case then I would advise you to take specific advice from a local immigration solicitor immediately after taking the decision to marry.

 

Under the present rules a person who has been in the UK illegally (or partly legally, partly illegally) may apply for indefinite leave to remain if they can demonstrate they have been in the Uk for a continuous period of 14 years. This is not something I could ever advise to rely on however, because there has been speculation that this rule may be ceased.

 

You could possibly attempt to claim asylum if you had a genuine well-founded fear of persecution because of your:

  • race;
  • religion;
  • nationality;
  • political opinion; or
  • membership of a particular social group.

But the difficult here is that you did not apply for this first, you applied for a student visa and that is a very significant hurdle to overcome as they will immediately be very very suspicious indeed of your asylum claim. In practice only 19 in every 100 claims are successful. The remainder are returned to their country of origin.

 

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.
What if i will apply for working visa???
Expert:  Thomas replied 6 years ago.

No, that would not work I'm afraid for two reasons. One, your overstay is a ground for refusal for a worker's visa (they would certainly refuse I'm afraid) and, two, because the UKBA have placed a cap on applications for workers which means that no further applications are being accepted until further notice.

 

Hope this clarifies, if so please kindly click accept. I will continue to answer you follow up questions.


Kind regards,


Tom

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