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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I need to ask how to legalise an overstayer situation ,, he

Resolved Question:

i need to ask how to legalise an overstayer situation ,, he stayed for one year after his 6 months student visitor visa finished ?
is there is any possible way to legalise his staying in the UK ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
he is from egypt and he came to take 3 months course but few situations happened and he stayed ,, i am his finance and i am a student from saudi arabia ,, he want to apply for master degree and want to legalise his situation to be able to study and so we can proceed with our marriage
Expert:  Buachaill replied 1 year ago.
1. Your fiance will have to get accepted into a course of study and then apply for a further student visa. In this way he can legalise his stay in the UK and continue to study. Once he has a student visa, you can then get married. However, be aware that if you marry him in the UK, this will give neither of you the right to live and work in the UK. You both would have to apply for a work visa in order to live and work in the UK. This work visa is separate and different from a student visa. A student visa gives very limited rights in the UK and does not include a right to work full time. Your fiance should look at the UK Border Agency website for additional grounds upon which he might be able to stay in the UK. If he got an employer that employer might be able to sponsor him.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
so he dose not have to leave the UK in order to get this student visa ?
Expert:  Buachaill replied 1 year ago.
3. It is possible to apply for a student visa from within the UK. However, if one is illegal, this draws the attention of the UK Border Agency to the fact your fiance is overstaying which gives rise to the possibility of deportation. So he runs the risk of being deported if he applies for his UK student visa from within the UK.
Customer: replied 1 year ago.
so what can he do to avoid the risk of being deported ??
and if he applied from Egypt is there is a chance that the visa can be rejected ?
Expert:  Buachaill replied 1 year ago.
4. Firstly, there is no guarantee that any application for a student visa will be granted. There is always the possibility that the Uk Border Agency will not grant a student visa. Secondly, once your fiance is an overstayer, he needs to regularise his visa situation if he wishes to avoid deportation. Even at the moment, by being an overstayer, there is always the risk of deportation. Either a person has a valid visa or else they have no right to live and work in the UK.
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Customer: replied 1 year ago.
is there is any other way to regularise his situation ?
Customer: replied 1 year ago.
he just want to study then we will be both leaving to saudi arabia, i am a scholarship student and we r planing to leave after we finish our degrees here ,, so we just want to fix his situation so he can take his degree
Expert:  Buachaill replied 1 year ago.
5. He basically needs to apply for a student visa if he is still a student. Otherwise he needs to find some other ground upon which he can stay in the UK. Family, such as a parent who has the right to live and work in the UK, a UK citizen child, a job with an employer where it cannot be filled by an EEA citizen, these are all examples of what sort of visa he can apply for. However, he should apply for a student visa if he is a student or wishes to study in the UK.

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