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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7676
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I m writting this ahort text as a brief case of my

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Good morning sir
I m writting this ahort text as a brief case of my complicated case , which i would love to get a satisfying answer for . Actually , i m an overstayer , i came to england under tier 4 visa in 2010 , extended it for another year as a student visa as well till 2012 . Then, under some financial problem i overatayed my visa . Couple of months later, i met my gf , she is english and we are together since then. and live together for 3 years now . now i want to legalise my state , but most solicitors say that its bettee to go back home and apply from there which i really dont like to so as i dont want to take the risk as i have lived so long here and have nothing to do back home !!
Please any advice or something can i do to make it work in here !?
Thank you


Have you lived together in the same accommodation with your girlfriend for over two years and can you prove this?


Customer: replied 1 year ago.
Hello sir
Yeah we have been living for almost 3 years now i have got my bank statemnents on this address , plus i updated my passport and has the same address on it . The problem is i could not make or share like gas electricity tv lisence payment as thy are already on my gf name so we just keep things secure as she is awayse been scared of being involeved !!
Thank you


I am out for the evening now and won't be able to answer until tomorrow morning.

Can you tell me whether your girlfriend earns more than £18600 per annum?


Customer: replied 1 year ago.
Yeah she does work , she earns almost double the amount , and she has a two bedroom flat on morgage where we are living now !! I can say that she fulfill all the requirements needed to support me .


Thanks for your patience.

I’m afraid that the solicitors that you have spoken to are correct: if you submit an application from within the UK then it will certainly be rejected. This means that you would either have to leave the country or appeal. Your chances on appeal would not be great and if - as is possibility - it is rejected then you would have to leave the UK and apply from your home country any way.

So, the best way forward would be for you to instruct a solicitor in the UK to prepare your application and supporting evidence now so that you can take it to your home country and submit it as soon as possible. Having an application drafted by a solicitor will guarantee the the home office case worker will be able to approve it quicker than they would do if you had prepared it yourself.

I know it’s frustrating, but you have overstayed your visa and the choice that you now face is a result of that. Unfortunately, there have to be consequence when a person breaches the immigration rules and requiring you to return home in order to make your application is one such consequence.

The most efficient, quickest and cheapest way of securing your leave to remain if to submit your application from your home country after it has been prepared by a solicitor in the UK.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,


Customer: replied 1 year ago.
I m really dont understand why they make it hard when it comes to a british and non european sponser !!!
So what are the requiremwnt neesed to make an application back home !? Do i need to get married there !? And how long that will take !? Any idea !?


If you can prove the length of your relationship then you would not need to marry because you have lived together in the same accommodation for longer than 2 years. If you cannot prove that you have lived together for 2 years then you woul have to marry.

Determination times vary hugely, but if the application is drafted by a solicitor and the visa processing centre where you apply is not too busy then it would probably take around 4-6 weeks from the date that you submit your application.

Please remember to rate my answer.


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