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25 years visa overstay

General UK immigration & work permits; don't post job search or family related topics!

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Zerubbabel
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25 years visa overstay

Post by Zerubbabel » Sat Aug 03, 2019 9:25 pm

Hello

I am not very familiar with the UK immigration system (I have more experience with EEA routes).

I would like to ask if there is anything even remotely possible for this guy.

Situation:
- He came in to the UK from Africa in mid-nineties.
- He married (a UK national) and got 3 children

When I met with him, he was in the UK for more than 20 years. The last thing that crossed my mind is that he was illegal. He came in illegally and was living here illegally. Despite having a wife and a family, he never tried to contact the Home Office to get his situation sorted. He was more interesting in playing music and adopting these borderline anarchist attitude towards these kind of things that he never bothered.

A couple of years ago he got separated from his wife and not long later was controlled by the police. They asked him to leave the country. I told him to fight it and explore venues but he took a flight a left.

Now, he can't see his kids and he is in a country where he has no place really.

I know the guy. He is a very good man but unfortunately not the kind of person who meets any responsibility when it comes to paperwork.

I don't think a visitor visa would be granted considering his massive overstay at the previous occasion.

Is there any other option for him?

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Casa
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Re: 25 years visa overstay

Post by Casa » Sat Aug 03, 2019 9:38 pm

Its unfortunate that he left the UK as he stood a fair chance of being granted an initial 30 month limited leave to remain visa under 20 years long residence under paragraph 276ADE(1)(iii) of the Immigration Rules. This doesn't require the the applicant to have been in the UK lawfully throughout the 20 year period.

Once he had completed a further 10 years of residence (30 years in full), he would qualify for ILR.

As the saying goes...hindsight is a wonderful thing.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Zerubbabel
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Re: 25 years visa overstay

Post by Zerubbabel » Sat Aug 03, 2019 9:54 pm

Yes it's unfortunate :( I told him no to leave to avoid resting the counter and see someone who can help with these maters but the next think I know is that he took next flight home.

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