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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 246
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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My partner who is South African has overstayed on student

Customer Question

My partner who is South African has overstayed on student visa for 16 years. I am from Zimbabwe and currently have a resident permit for 2 1/2 years but it expires in August 2020. We have two children together one is 4years old and the other is 2years old they were both born here in the UK. What application do we need to make to get him a visa?
JA: What steps have been taken? Has any paperwork been filed with the UK government?
Customer: Nothing has been filed a present with the UK government. We were planning on making an application online ourselves brecause we do not have the money to pay for a lawyer
JA: Have you talked to a lawyer about the student visa?
Customer: yes we have that was more than 4 years ogo ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My children don't have any passports or visas at present
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Immigration Warrior replied 4 months ago.


You will firstly need to apply for a Passport for both children and thereafter you will need to apply for leave for them on the same ground you were granted leave. Can you please confirm your current grant of leave?

Customer: replied 4 months ago.
Unfortunately Zimbabwean passport would take more than 48months to apply from the Zimbabwe embassy. I currently have a leave to remain residence permit which is two and a half years. It expires in August 2020
Expert:  Immigration Warrior replied 4 months ago.

Please can you confirm which Immigration application did you make to obtain your current grant of leave.

Customer: replied 4 months ago.
I had applying for indefinite leave to remain in Nov 2013. But the application was refused due to my father's visa being curtailed twice. I came into the country when I was 16years old under my father's work permit. I was not aware of the curtailments when I made my ILR application. The application was refused and we eventually had to go to a tribunal in Dec 2017 and I was granted a 30month residence permit.
Expert:  Immigration Warrior replied 4 months ago.


You have probably been granted Discretionary Leave to Remain therefore you can apply for Discretionary Leave to Remain for the children using the FLR FP Application form online.

Customer: replied 4 months ago.
Ok thank you. In regards ***** ***** partner what would be the best course of action?
Expert:  Immigration Warrior replied 4 months ago.

In relation to your partner he could apply for Discretionary Leave to Remain along with your children however there is a chance it could be refused. He can make an application based on his Long Residency once he has been in the United Kingdom for 20 years, however he will need to provide evidence for every year he has been in the UK.

Customer: replied 4 months ago.
Would it be best to make the application now or wait for my renewal date?
Expert:  Immigration Warrior replied 4 months ago.


You can make an application at anytime but I would recommend making the application when you make an application as you can apply for the children as your dependents.

Kind Regards

Customer: replied 4 months ago.
thank you for your advice
Expert:  Immigration Warrior replied 4 months ago.

Kindly click accept and rate the answer