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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Hi there, I am a student visa overstayed in united kingdom,

Resolved Question:

Hi there, I am a student visa overstayed in united kingdom, London. My student visa status expired in February 2010.
I have a 8 year relationship with my Scottish girlfriend and we have a five year old boy together.
Currently she stays in Scotland and I visits once, twice in a month, I stay over for weeks or days before returning to London where I'm being offered a place to stay by a friend of mine..whom I also go out with to job sites as a apprentice to learn his plumbing trade. I have tried to stay with my girlfriend but she always complain that if the government finds out about me..then she going to have trouble with her job, child tax, credits etc.
Please what can I do to get out of these situation? I still have friends that support me financially of which I also support my girlfriend with maintenance for our little boy but I can't go on like this forever. Please help me out.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Have you made any applications since 2010?
Customer:

Yes I did but not to the home office, it was to Drummond miller law associate in Scotland, and the only option they give me was to move in with my girlfriend which she insisted its not going to happen, as I have explained earlier in my messages the reason why.

Alex Hughes : OK. Well your only option is to make an application based on humanitarian grounds namely right to family and private life. You would have to speak to your girlfriend as you need her to establish that you have a relationship and child in Scotland. Without her your application will undoubtedly fail. If she supports you there is a chance that you might be given permission to stay but, of course, the fact that you have overstayed for four years without making an application will count against you. It essential that you make an application as soon as possible,
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for that information Alex, in the letter my girlfriend wrote to my lawyers...she confirms that I do see my baby and also supports her financially and spent time with them on caravans and travel holidays(is this the letter I require from her for the right to family and private life application you said).

Customer: replied 2 years ago.

Thanks for that information Alex, in the letter my girlfriend wrote to my lawyers...she confirms that I do see my baby and also supports her financially and spent time with them on caravans and travel holidays(is this the letter I require from her for the right to family and private life application you said).

Expert:  Alice H replied 2 years ago.
Yes, this will help you. The letter must be sent with the application with any other evidence that you have a settled life in the UK.
Customer: replied 2 years ago.

Thanks Alex, you have been a life saver... One more question for now, if you wouldn't mind. I don't want to change my lawyer and if I have to, I will have difficulty in paying for my application because am not working and not allowed to work, I only get some donations from friends and family.


Can you suggest or refer me to a legal aid support lawyers or at least something with a fair charge that I can afford? Thanks again

Expert:  Alice H replied 2 years ago.
Unfortunately there is no longer legal aid available for immigration cases. There is some help with judicial reviews in the High court but otherwise applications and legal fees have to be met by the applicant.

You ought to shop around for the best price. You can contact the Law Society www.lawsociety.org.uk or the Office of the Immigration Services Commissioner www.oisc.gov.uk who will give you a list of advisers specialising in these applications.
Customer: replied 2 years ago.

Thanks a lot...I will do that.

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