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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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40 year old Chinese lady 8 years in uk as over stayer, how

Resolved Question:

40 year old Chinese lady 8 years in uk as over stayer, how to get legal visa/passport
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
, thank you question, I will be happy to help you today
Does she have any children in the uk?
Is she married to a British national?
Kind regards
Customer: replied 2 years ago.

No Children in the UK, & is NOT married to British national, she would like someway of staying in the UK legally, without chancing being sent home.

Expert:  UK_Lawyer replied 2 years ago.
Thank you reply.
As you can appreciate the home office is very strict on applications received by over stayers. The home office only considers granting individuals who are overstayers leave to remain in the UK if they have compassionate and compelling circumstances warranting the grant of leave or that such circumstances exist in their home counrty which means that their return to their home country would have an adverse effect on them.
The compelling and compassionate circumstances would exist if she had children in the UK attending school or a husband and her being denied permission to remain in the UK would be a breach of their right to family life. In this individuals case, she has neither and therefore her links with the UK are not strong, regardless of the period of time she may have spent here, the home office would view the fact that she has spend the majority of her life in China and therefore she would not have any difficulty in returning to her home country.
If she really believes that she should be granted permission to legalise her stay in the UK on the basis she can no longer return to China and the fact that she may have friends in the UK and her returning to her home country would mean a breach of her private life then, she can submit an application leave to remain using form FLR FP, please see the following link:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp
As already mentioned, i believe it will be very difficult to be issued with permission to remain in the UK and she would be required to return home and obtain the correct visa and return back to the UK.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
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