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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I would like to legalise my status in UK from illegal/ overstayer.

Resolved Question:

I would like to legalise my status in UK from illegal/ overstayer. How can you help?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
How long have you been in the UK?
Are you in a relationship with anyone and if so what is there visa status?
Kind regards
Tom
Customer: replied 2 years ago.
I have been in UK for 5 years now. Yes, I am in relationship with a British citizen.
Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
How long have you lived in the same accomodation with your partner?
Do you intend to marry?
Does your partner meet the financial requirement for a spouse/unmarried partner visa? This means that the UK based spouse must earn a minimum income threshold of £18,600 from employment. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two. ..
Kind regards
Tom
Customer: replied 2 years ago.
We do not live together at the moment but intend to marry. But as I do not have a legal status or valid ID I don't know how to go about it. Yes, my partner has meets minimum threshold together with a little savings up to £10,000
Expert:  Thomas replied 2 years ago.
Hi,
Where is your ID please?
Kind regards,
Tom
Customer: replied 2 years ago.
I do not understand your question.
I don't have a valid passports anymore. I do have an Arabic birth certificate though.
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I assume that you do not have any children in the UK. Please let me know if you do because my answer may change.
If you have not lived together for any period of time then you would probably not be able to claim that you are unmarried partners for the purpose of the immigration rules. This means that the application you ultimately submit would have to be based on marriage.
The difficulty is that if you do not have ID then you will not be able to marry. The documents which you can marry with are outlined on the following page:-
https://www.gov.uk/marriages-civil-partnerships/documents-to-take-to-the-register-office
You will have to work out how to be issued with a replacement passport. You should consider speaking with your embassy about this because you will not be able to marry without any ID.
If you are able to obtain a passport and are able to marry in the UK then the home office would still have a general ground on which to refuse your spouse visa application if you made it from within the UK. This is because you do not have leave to remain in the UK. Therefore, the quickest way to getting a spouse visa would be for you to instruct a solicitor locally in order to draft your spouse visa application and preparing the supporting documentation so that you can take it with you to home country in order to submit the application from there. This is probably essential because your overstay will have to be mitigated extremely heavily because of the intiail overstay and the length of time you have remained in the UK.
Your right to a family and private life supercedes the overstay and any ban that you would get but you would have to argue the point in your application and this is why you need a solicitor, because they know how best to do this.
The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600 from employment. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.
Like I say, focus on trying to get a passport again and then see a solicitor about getting marriage and ultimately preparing an application for a spouse visa on your behalf.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for the detailed reply.
Could you explain the situation in two scenarios?
1) What would be the situation if I was living with my partner for two years or more?
2) My parents are senior British citizens. My father is registered disabled and I look after him most days. However, he is not totally dependent on me as he works two days a week as a nurse. Is there any way I could apply to be his permanent carer?