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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 32990
Experience:  Award winning lawyer with over 15 years experience
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I am from Pakistan and came into UK 5th of october 2008 and

Customer Question

hi i am from Pakistan and came into UK 5th of october 2008 and my visa expired 18 December 2009. they refused my visa due to insufficient fund in my account. i did not follow up my case and living illegally since that time. i have no place to go to be
honest go back is hard decision for me. my parents are separated and living their lives where i have no space to go with them. and i have no idea what option and choices i do have ? is there any solution for me.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas Judge replied 1 year ago.

Thanks for your question.
As you may have guessed your options are very limited.
At the present time the only application you could make that would have a chance of succeeding is applying for asylum.

In order to claim asylum you must show that you have a well founded fear of persecution because of:-

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

You would have to demonstrate this comprehensively and with considerable documentary evidence. If you do not fear you would be physically persecuted in Pakistaan if you were to return then it is best not to apply because the asylum process is rigorous and you would be found out.
Claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.

Unless you marry a UK national foreign national holding indefinite leave to remain or an EEA national OR have a child with leave to remain in the UK then you have basically no option at all to stay in the UK.
If get in a relationship with any of the above then you would only qualify to apply on the basis of being an unmarried partner once you have cohabited (i.e. physically lived with that person) for a period of two year. Any less than that and you would not be successful unfortunately.
If you were to marry one of the above people or have a child with leave to remain in the UK then you would be able to apply provided that you could show that you would be able to support/accommodate each other without the need to access public funds.
A person who came here legally but then became illegal can apply for indefinite leave to remain once they have been in the UK for a period of 14 years and you are obviously a long way short of this. I really could not in good conscience advise you to aim for this because there is no guarantee that the law will not be repealed or amended.
I am very sorry I could not have better news for you, but the answer above is the only one based on the law. Please rate positively - thanks

Expert:  Thomas Judge replied 1 year ago.

I hope this helps - please however remember to rate positively for me - thanks

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