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Overstayed 18 years and ILR

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

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Melissa8102
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Posts: 1
Joined: Thu Sep 26, 2024 10:13 pm
United Kingdom

Overstayed 18 years and ILR

Post by Melissa8102 » Thu Sep 26, 2024 10:30 pm

Hi All,

Really need your assistance with this matter.

I came to the UK in 2006 with an Aupair visa and got married here in 2008. After one week of getting married, my visa expired in 2008. I was told by the home office that I must return to my country and apply for a visa there, but I haven't done so yet. Since that time, I have been living illegally in the UK. I'm still married but I don't have any children. My husband, who is 62 years old, suffers from heart disease. I was instructed by the doctor to keep an eye on him and call an emergency call because he has trouble breathing while sleeping. He has stopped working.
I want to legally reside and work in the UK. 18 and half years have passed since I arrived in the UK. Am I able to apply to make my stay legal ?


Any advise would be helpful.

Thanks
Melissa

meself2
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Posts: 3595
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Overstayed 18 years and ILR

Post by meself2 » Fri Sep 27, 2024 6:54 am

It's way too early to talk about ILR.

You would have to either apply as a spouse (and be put on 10 year route/do a 5 year route switch) or wait for another 2 years and apply for long residence to stay in UK as youve been here for 20 years (which is also a 10 year route).

Other members will give you further advice.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Overstayed 18 years and ILR

Post by zimba » Fri Sep 27, 2024 11:53 am

I agree that unless you do not gain any form of lawful residence, there is no path to ILR. If you are married to a British citizen, an FLR(FP) application should succeed.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Posts: 11211
Joined: Thu Feb 21, 2013 9:29 pm

Re: Overstayed 18 years and ILR

Post by secret.simon » Fri Sep 27, 2024 4:37 pm

What citizenships/nationalities do you hold?
In particular, do you hold the citizenship of any country/ies in the EU/EEA?
Alternatively do you hold Commonwealth citizenship?
Is any of your grandparents born in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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