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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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my friend is married to british citizen years and has

Resolved Question:

my friend is married to british citizen for 10 years and has lived in england for ten years does have her own bank account and national insurance number she did work until her visa ended in 2003 she has not paid any national insurance since then she has claimed no benefits has been supported by her husband since 2003 can she apply for a british passport and does she need a work visa to get a job she was born in south africa and is white aged 30 years old
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Happy to wait for answer

Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Have she been overstaying in the UK since 2003?
Does she have any children?
Kind regards
Customer: replied 2 years ago.

Yes to overstaying and one child is over 18 years

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
No she is unable to apply for British Citizenship, as she is an overstayer and will not be eligible to apply. She would firstly need to apply to legalise her stay in the UK allowing her to remain in the UK and allowing her to work.
For this she would need to apply using form FLR FP, she would need to provide evidence of her family in the UK and evidence that she has been residing with them, she will need to submit evidence such as letters in her name or her partner's name being received at the same address, tenancy agreements, photographs showing that she has been residing with her family.
The home office will then issue her with discretionary leave to remain in the UK. She will then be issued with a visa for 30 months, after 30 months she will need to renew her visa. Once she have reached 120 months in the UK legally , she can then apply for indefinite leave to remain.
The form can be found at the flr fp:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp
If the child has also been overstaying they would also need to apply using the same form.
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
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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