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cityguru
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13323
Experience:  Approved Immigration Expert.
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Hi . i am from mauritius , i overstayed in the uk since 2010

Customer Question

Hi . i am from mauritius , i overstayed in the uk since 2010 from a failed marriage(not of my doing). i met someone a british citizen in july 2012 and we moved in together in september 2012 we are very happy together and in love and all my family in the uk and my partners family are very happy that we are together and have accepted me into the family.I do not know what to do now to enable us to be together as i have no work permit and my partner is paying all the bills and we are financially ok
Submitted: 2 years ago.
Category: Immigration Law
Expert:  cityguru replied 2 years ago.
When did you enter the uk first? What leave did you have? Do you have any children? Or other family here??
Customer: replied 2 years ago.
i came here on spouse visa for 2years jan2008 to 2010.My ex wife left me in july2009 . i made an application in jan2010 for further stay but it was refused. i have no children. But my mother and only brother and uncles and cousins all live in the uk.
Customer: replied 2 years ago.
Relist: Other.
not available to talk to us
Expert:  cityguru replied 2 years ago.
Thanks for the additional information. the only way you can legitimise your positions within the rules as they are at the moment is to leave the UK and reapply from your home country for a new visa as the partner ( or spouse) of your new partner. It is always open to you to apply on a discretionary basis but frankly in the circumstances I do not hunk you are likely to succeed.

If you are found by UKBA and they seek to deport you then you may be abel to resist on the grounds that you have established family life here but you have not been here long enough to make any application for leave to remain on grounds of long residence.

Customer: replied 2 years ago.
i thought that if i would be in a relationship for 2years i could apply for unmarried partner visa
Expert:  cityguru replied 2 years ago.
That is correct, you can apply fro an unmarried partner visa but you need to make that application from outside the UK. Any application made other than a long residence application will be refused as you are here illegally. if you leave the UK and apply then the fact that you were here illegally cannot be used as a ground to refuse you an unmarried partner visa but if you apply in the Uk they will refuse your application, retain your passport and ask you to report to them to arrange your deportation.
Customer: replied 2 years ago.
My passport has expired in may 2013 and the thought of leaving my partner and not knowing when i can get back is hard to take in emotionally
Expert:  cityguru replied 2 years ago.
i understand that but I can only tell you what the current law and practice is As I am sure you are aware you should have left legally when your visa expired. You alternatives are to stay and try and apply for discretionary leave but you risk deportation
Customer: replied 2 years ago.
when did the law change because i know there was a law about a 2 yaer relationship?
Customer: replied 2 years ago.
when did the law change?
Expert:  cityguru replied 2 years ago.
The law has not changed. A 2 year relationship is sufficient to base an unmarried partner application but you cannot apply in the UK. It would be exactly the same if you got married. Your application would be refused automatically and you would be told to go back to your home country and apply form there.

You cannot make an application for leave if you are here illegally and have overstayed your previous leave. It is a mandatory gourd for refusal of most applications. You can apply for your home country.

Customer: replied 2 years ago.
si if i returned to my country without being sent bu UKBA would i be able to marry my partner then come back
Expert:  cityguru replied 2 years ago.
first apologies there is a typo in my previous answer - it should say mandatory ground for refusal.

Yes if you leave you can apply to return either as a partner or as a spouse. you will need to satisfy the income test but there is nothing to prevent such an application.
Customer: replied 2 years ago.
what do you mean by income test? does it mean that i would be unable to work?
Expert:  cityguru replied 2 years ago.
You need to show that your partner has a minimum income of £18,600 per annum and you also need to have passed and English language test if you have not already done so.
Customer: replied 2 years ago.
my partner does not earn that amount of money so what happens then?
Expert:  cityguru replied 2 years ago.
Than you cannot get the visa under the current rules. The rules are subject to legal challenge at the moment but unless and until that is successful or the law is changed you will not be able to get permission as a partner or a spouse without meeting the minimum income test unless you have savings that can make up the shortfall.
Customer: replied 2 years ago.
so basically its a lost cause? please tell me what i should,leave the love of my life and all my family and young nephews who adore me and go back to a country with hardly any family
Expert:  cityguru replied 2 years ago.
It is not for me to tell you what to do I am afraid. I can only tell you what the current legal position is and what will happen if you seek to apply under the current rules. The problem is that you have overstayed rather than regularised the position at the time and the rules have got tougher in the last few years. I am sure you are aware from the press that there is currently an unfavourable political attitude to immigration and particularly to people here in breach of the law so you cannot expect to get sympathetic treatment from UKBA.

Yu can try applying for discretionary treatment on bounds of a right to family life but I do not hold out much hope - sorry.
Customer: replied 2 years ago.
so on the grounds of human rights and like you say a right to family life there is no solicitor that can help us
Expert:  cityguru replied 2 years ago.
You can ask an immigration solicitor to help you make an application on human rights grounds certainly . If you do that please make sure you get a properly regulated solicitor and also get a quote in advance.
I suspect you will get the same advice as I have given you but you have nothing to lose by trying.
Customer: replied 2 years ago.
ok thanks for your help
Expert:  cityguru replied 2 years ago.
Sorry I could not give you much positive but good luck getting it resolved

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