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I lived in UK for 16 years Legally and then Illegal. What…

I lived in UK for...
I lived in UK for 16 years Legally and then Illegal. What are my chances of regularising my Visa??
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Answered in 7 hours by:
3/18/2018
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 636
Experience: Senior Associate Solicitor and Litigator
Verified
Hi and thanks for the question.If you have stayed illegally then you can still make an application to stay in the UK. This application is to ask the Secretary of State to grant a period of ‘discretionary leave’.Discretionary Leave is granted outside of the Immigration Rules and often includes claims made on a human rights basis, but it can also be granted in cases where a human rights claim fails.A good discretionary leave application will argue a person’s circumstances and background such as their age, length of residence in the UK, strength of connections within the UK, personal history including character, conduct and employment record, domestic circumstances, previous criminal record and nature of any offence for which a person has been convicted, compassionate circumstances and any representations received on the person’s behalf. The Home Office will consider whether the person has ties back in their native country of origin or the country where they would have to go to if returned, and also if this would affect any children of the family.Where an overstayer/illegal entrant has established a family life in the UK and they have a partner or children, then it will also be possible to argue that discretionary leave to remain is granted as it is in the ‘best interests of the child’. A general legal principal is that where a child has been in the UK for more than 7 years, then the Home Office could consider that removing that child (along with their family members) would be against the best interests of the child. This is because the child will have integrated into British society; would be involved in full-time study with a routine and his/her peers/relatives in the UK and it would therefore be deeply unfair to penalise the child by removing him/her with their the parents due to the parent’s decisions which resulted in the child having no lawful status in the UK.Many claims of discretionary leave may centre or rely predominantly around Article 8 of the Human Rights Act 1998. This article seeks to prohibit public authorities such as the Home Office from interfering in an individual’s right to private and family life. One of the most common grounds argued by a person is his rights under Article 8 of the Human Rights Act 1998 which provides that authorities must have respect for an individual’s private and family life. A public authority cannot intervene in an individual’s private or family life except in certain instances.Possible routes to regularisation include:
a) Obtaining British Citizenship
b) Citizenship through a parent whilst still a child
c) Discretionary registration of a migrant child
d) Adoption by a British Citizen in the United Kingdom (cost varies)
e) Refugee status or Humanitarian Protection (no application fee)
f) Protection as a victim of human trafficking (no application fee)
g) Leave as a result of policy – as a child in care, who is unlikely to be removed
(no application fee payable by local authority)
h) Leave under the immigration rules – long residence
i) The seven year rule
j) Leave to remain: as a young person; on the basis of no ties; as a parent; as a partnerMuch depends on your circumstances such as your employment (if any) and any goes to the UKI hope the above has helped.ThanksJ
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 636
Experience: Senior Associate Solicitor and Litigator
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JimLawyer and 87 other UK Law Specialists are ready to help you
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Customer reply replied 4 months ago
Many thanks for your reply. I have'nt got a family here in UK and I am not married, I m single. What will be my options in my case? What kind of application forms should i use? FLR (O) or FLR (HRO)?
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