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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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Im a malawian national who has overstayed a student visa

Customer Question

I'm a malawian national who has overstayed a student visa for 8 years. I am now a father to a child born in the UK to a british mother. I am fully involved in the upbring of the child, based on my circusmstance, would I be able to apply for leave to remain in the uk?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 6 years ago.
I am afraid not no. You might be eligible ot apply for settlement after 14 years. You might if you have established a family life in the UK etc be able to resist deportation on human rights grounds but there is no basis on which you can apply for leave to remain. If you have any legitimate claim to stay in the UK then you would need to leave of your own volition and at your own expense and apply for a visa to return.