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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Just assuming i met a visa overstayer and I wanted that person

Resolved Question:

Just assuming i met a visa overstayer and I wanted that person to be able to legally remain in the UK with me as my partner,what would be the possiblities of that person obtaining a British Passport.I would be financially supporting said person but we couldn't marry immediately as I am currently married myself.
Said person has overstayed approx 8 years and financially supported thereself and not obtained any benefits from the UK system.
Many thanks.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I am a Solicitor based in London. I'm happy to help with your question today.
Alex Hughes : Has this person made an app
Alex Hughes : Has this person made any applications to legalise his stay in the UK?
Customer:

No they haven't as yet on both counts.

Alex Hughes : OK. What about family - does he/she have any relatives in the UK?
Customer:

Yes said person does have relatives residing legally in the UK.

Alex Hughes : OK. the person could apply for "Discretionary Leave" to remain in the UK. This is is granted outside of the Immigration Rules and a discretionary leave application is just that: a person asks the Secretary of State to exercise her discretion in their favour so that they may remain in the UK.A good discretionary leave application will seek to argue a person’s circumstances and backgrounds 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. These are complicated applications which are difficult to secure so the help from a good immigration solicitor is advisable.
Alex Hughes : If discretionary leave is granted then the person would be lawfully in the UK and could then look to regularise his/her stay. Eventually could make make applications to remain permanently and seek citizenship etc.
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