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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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A friend of mine has been staying illegally in the UK

Resolved Question:

A friend of mine has been staying illegally in the UK for over a year on a fake visa. She is from Thailand, and works in a local restaurant.
We've formed a close relationship. And she's recently been offered a very good job in a better restaurant.
As far as I'm aware the only way to obtain a legitimate visa to stay in UK is for her to go back to thailand and apply for a visa there. However I imagine if they knew she'd been in the country illegally, they would reject any subsequent applications on the basis of her disregard for immigration rules.
First question is if there is any avenue worth pursuing for her to apply from within the UK?
Second is if she went back and we married. As I am an Irish passport holder. Could we apply for an eea permit for her as wife of an eea national, exercising their treat rights in UK? And does this have s greater chance of success than other applications would in regard to her previous illegal stay?
Any other tips or ideas?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Can you confirm that you do not hold any other nationality apart from Irish?
Can you confirm if you have been residing in a relationship akin to marriage for at least 2 years?
Can you confirm if you are currently working in the UK?
Kind regards
Customer: replied 1 year ago.

I am British and Irish. One parent and two grandparents of each, born in UK

We have not at this time. Probably about a year, although we don't always stay together. Probably 3-5 days a week we do.

I'm working. But I'm self employed at present. And my trade us a strange one as I'm currently a bitcoin trader. (this is purely because I was between job and discovered I could make a decent living doing it.)

I have a lot of experience in gaming industry and do plan to go back to work at some point.

I'm a little blasé about the whole thing, but it's just because the industry is such, that if necessary I could not all into a job in about 48 hours thanks

I can tell these aren't the answers you wanted to hear haha

.

Customer: replied 1 year ago.

Oh, also i have a young son. Separated from previous partner. No custody agreement, but we both share custody according to schedules with no arguments or problems.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Yes, I was hoping you were not a dual national and only an Irish national, this would have made it a little easier for your partner to remain in the UK on your basis.
1. In respect of your first question, unfortunately you are unable to submit an application on the basis of your relationship, this is because as an unmarried partner you would need to show cohabitation of at least 2 years prior to submitting an application. This coupled with the fact that she is an overstayer would make it difficult for any application to succeed from within the UK.
2. In regards ***** ***** from outside of the UK after marriage then this would be the best way to proceed, as the home office are more likely to overlook any period of her having overstayed in the UK if she does marry you.
3. Regarding you benefiting under the EEA regulations, then unfortunately this would not be possible simply because you are a dual national and thus any application made by you residing in the UK would need to be under the immigration rules.
Your other option would be for you to reside in Ireland or another European country, invite your , spouse there for her to reside with you for at least 1 year and then subsequently return to the UK. During this period you would need to should you have moved to Ireland and are working there. Then after a year you can move to the UK and she can take benefit of you being an EEA national.
If you do not wish to undertake the above then she would need to return to her home country , marry you, and then return to the UK under the immigration rules. This would give her the best chance of settling in 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
Customer: replied 1 year ago.

Hmm, is it a new change regarding the dual national.

Only the reason I even know that is because an old work colleague of dual nationality, did that in 2010. Having had his first visa application rejected (gf in thailand) he obtained an Irish passport. Flew over and got married. Put the application in and had a visa within 4 weeks.

It did seem ludicrous to me. As not only was it much faster, not only the pro easing time, but even to the point of jumping the queue at the embassycin Bangkok. But it was completely free.

I imagined that might be out the window given the Tory parties 'tough on immigration' 2010 election promises.

Thank you for your answer. I have a clear understanding of the task ahead now.

Regards,

Andrew

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Yes unfortunately, this change of rules came into effect on 16th July 2012. As you correctly mentioned there were numerous rule changes which took effect due to the change of government and most of these rules were implemented around July 2012. Dare I say it, but I am sure there are much stricter policies to follow in the future
I hope this clarifies the matter, if so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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