Any life before 14 years overstay?

[shami]

For an overstayer who has been in the UK for 11 years, is there anyway to attempt to regularise his status ?


Thank you for your time.

[sakura]

It depends on the situation.

If you are the spouse or civil partner of a UK citizen, someone with ILR/PR or a citizen of the EU/EEA, then it is possible to apply for entry clearance (generally from outside the UK/need to return home). There is a current 'consession' on overstayers if they apply for a visa after leaving the UK:

http://www.immigrationboards.com/viewtopic.php?t=24800

You can also apply for a visa if you are the parent of a UK or EU/EEA citizen. Again, from your home country.

Alternatively, if you are highly skilled, you can apply for entry clearance for the HSMP/Tier 1, or any other such visa (such as student visa), if you wish to work/study here. Obvisously the long overstay would be taken into consideration.

There may be other options, such as if you ever applied for asylum. But generally, the 11 years would only count towards the 14 year category and there is no way to reduce the time. In fact, if you apply too early your case may be rejected, meaning you lose £750 and come to the attention of the Home Office, or held for a very long time (5 years isn't unusual in these cases, for example).

[jei2]

It depends on the situation.

But generally, the 11 years would only count towards the 14 year category and there is no way to reduce the time.

Unless of course you have already had an application refused. Then the clock would have stopped on the 14 year rule from the time that you were refused, making this a no-go for you.

[Wanderer]

It depends on the situation.

But generally, the 11 years would only count towards the 14 year category and there is no way to reduce the time.

Unless of course you have already had an application refused. Then the clock would have stopped on the 14 year rule from the time that you were refused, making this a no-go for you.

...whether you knew about or not.....

[shami]

Alternatively, if you are highly skilled, you can apply for entry clearance for the HSMP/Tier 1, or any other such visa (such as student visa), if you wish to work/study here. Obvisously the long overstay would be taken into consideration.

I would like to hear more about this option. What if the overstayer is a software developer and looking to establish a business (online business network such as LinkedIn) - hosted and based in the UK ?

Thanks

[sakura]

Alternatively, if you are highly skilled, you can apply for entry clearance for the HSMP/Tier 1, or any other such visa (such as student visa), if you wish to work/study here. Obvisously the long overstay would be taken into consideration.

I would like to hear more about this option. What if the overstayer is a software developer and looking to establish a business (online business network such as LinkedIn) - hosted and based in the UK ?

Thanks

Well there is little chance of the Home Office granting you entry clearance from within the UK, so you would have to take the risk and leave the country, thereby resetting your 14-year ILR clock (as it can be argued that your stay here was not 'continuous' once you left the country) and apply for the visa from your home country.

Obviously if it is refused, there is little chance of redress and you would have no way of returning to the UK.

If, on the other hand, you are successful then you would begin a new 5 year period under the HSMP/Tier 1 category.

[jei2]

11 years is a long time to have overstayed without the spectre of the significantly contrived clause hanging over one's head. Aggravating factors such as absconding or sham marriages would have a negative effect

Any background info on how the overstaying accumulated?

[shami]

Any background info on how the overstaying accumulated?

I came to the UK on student visa then went to university (short course - not a degree) while I was overstaying. Since i had nothing to go back to, i was trapped into a life of misery.

My friends who knew what the Home Office want them to do, they fabricated marriages and sorted their cases years ago. I could do the same but i thought the Home Office will appreciate that I didn't do anything wrong apart from overstaying and they might regularise my status - some day

I knew this is a hopeless case, especially in these days of gloom and doom.

Thank you for time, anyway