Overstayer

makongo · Post by **makongo** » Fri Oct 15, 2010 6:47 pm

Ineed some advice pliz.
Am an overstayer for about 5yrs i have a child and a patner who also an overstayer. how can we go about applying for a stay in uk. can pliz can we get married here?

Mr Rusty · Post by **Mr Rusty** » Fri Oct 15, 2010 8:29 pm

What nationality are you and your partner? Are you the mother and father of the child? How old is it?

HRY2005 · Post by **HRY2005** » Fri Oct 15, 2010 10:05 pm

How old is it?

He or She is a child. Mr Rusty!!!

avjones · Post by **avjones** » Fri Oct 15, 2010 11:04 pm

More information needed!

Such as the nationality of you both, the age of your child, when you both came to the UK, what immigration status you've had throughout your time in the UK.

HRY2005 · Post by **HRY2005** » Sat Oct 16, 2010 12:29 pm

In addition to Avjones post. Was your child born in the UK? If no, how long has he or she being in the UK?

makongo · Post by **makongo** » Mon Oct 18, 2010 11:22 pm

me and my patner comes from kenya my daughter is 21months and she was born here in uk. we all came here as visiters i 2003. pliz give mi advice.

mochyn · Post by **mochyn** » Mon Oct 18, 2010 11:44 pm

As you are both from Kenya, your child will not have British nationality, your child will be Kenyan. You have no right to stay in this country and there is no visa you can apply for within immigration rules that will allow you to stay in this country

avjones · Post by **avjones** » Tue Oct 19, 2010 5:18 am

mochyn wrote:As you are both from Kenya, your child will not have British nationality, your child will be Kenyan. You have no right to stay in this country and there is no visa you can apply for within immigration rules that will allow you to stay in this country

I agree with this, and as you're all Kenyan, Article 8 (private and family life) won't help you either.

zhashim · Post by **zhashim** » Tue Oct 19, 2010 2:06 pm

Your best bet is probably to leave the country voluntarily (contact the UKBA and declare that you are an overstayer and that you want to leave the country and return to Kenya at your own expense).

Doing so would mean a 1 year ban on visa applications to the UK, but is significantly less than the 5 or 10 year bans you would receive were you to be caught.

Bear in mind though that as you overstayed once, you would need a very strong application for a visa to be granted in the future.

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Overstayer

Overstayer