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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Im an over-stayer,(4 years over-stayed) with a British girlfriend

Customer Question

I'm an over-stayer,(4 years over-stayed) with a British girlfriend & 2 kids frm her. I have 2 see immigration in a months time coz some one told them my status. Will I get deported then.
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

With that level of overstay it is possible that they would take enforcement action to attempt to deport you. If you have children who are British Citizens then there is case law which says that you should be permitted leave to remain on the basis of your children if they are to live here permanently.

You really need to regularise your stay here by seeing a solicitor to obtain your leave to remain by making a discretionary leave to remain on this basis. At the very least you should tell the UKBA now that you have UK citizen children and take along your children’s birth certificate showing you named as father to prove this.

If you can prove you are the father and they are UK citizens then you will be fine.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Yes, my children are both British citizens since their mom is English. But how can I regularise my stay in the UK since I've over-stayed by 4years..& I don't think I can afford a solicitor coz i'm only 28years old doing bar job with 2 kids to support..Does immigration have the authority & right to separate me from my partner & kids(1 of which is just recovering from Cancer).. On a scale of 1-10 what are my chances of remaining here.
Expert:  Thomas replied 5 years ago.
Hi,

You can get leave to remain on the basis that you have UK citizen children who are resident permanently in the UK,

Your chances are good, but you need to show the UKBA that you have UK children and see a solicitor to make an application for leave to remain on a discretionary basis.

Tom
Customer: replied 5 years ago.
I have rang up the BA & they have advised that I go back to South Africa & apply for a New VISA from there, I thought I would be able to do that from here. They don't seem to want me to apply frm the UK..
Expert:  Thomas replied 5 years ago.
You can't apply under the traditional immigration rules, you have to apply on a discretionary basis so of course the UKBA would say return to SA because you are an overstaying. Do NOT consider what the UKBA tell you to be advice. They are here to police the UK borders, not to advise you on the ways in which you might secure your leave to remain here.

You will need a solicitor to act on your behalf whether you make the application, whether it is here or in outside the UK.

Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
If my partner(who's been with me for 4 years), and I get married.. Would that make getting leave to remain easier or would the UKBA consider that a marriage of convenience & give them more grounds to deport me. Could the registrar office even refuse to let us get married?
Expert:  Thomas replied 5 years ago.

Hi,

 

If it was a genuine marriage then it would help but the important thing, as I say, is that you have children who are UK citizens. However, it certainly cannot hurt and, actually, if you have proof that you have been together for 4 years then it will probably not make too much difference now because they will still be able to to see that you are in a relatinoship akin to marriage by virtue of the length of it and that you live together.

 

The registry office cannot refuse to marry you provided you can prove your identity and proof of address. They are not here to enforce immigration policy, indeed - they no longer require sight of a certificate of the approval for marriage which they used to.

 

Kind regards.


Tom

Customer: replied 5 years ago.
I have lost my job because my employer has found out about my legal status... Is there any help I can get in finding a solicitor who can help me get discretionary leave to remain? I'm extremely worried because I have found out that the coalition has cut legal aid to illegal immigrants..
Expert:  Thomas replied 5 years ago.
Hi,

Yes, you will not be able to get legal aid for this.

Any local immgration solicitor will be able to assist you with this. You can use the law society website to search for solicitors in your area:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solsearch.law

When speaking with solicitors you need to ask what payment terms they are able to offer. Consider what you can offer them up front and then monthly. Some are willing to be paid on this basis.

Kind regards,

Tom