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What will happen?

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

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helpmyfriend
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What will happen?

Post by helpmyfriend » Sat Apr 16, 2011 1:06 am

What happens if a U.S citizen stays in the UK without a visa for over 10 years?
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Apr 16, 2011 1:54 am

More details? Did he remain in the UK throughout the 10-year period?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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helpmyfriend
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Post by helpmyfriend » Sat Apr 16, 2011 2:02 am

Hi there thanks for your response....I think he has stayed in the UK for the whole 10 years yes. He has 3 children here.

Can he apply for citizenship? Would he be deported?
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vinny
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Post by vinny » Sat Apr 16, 2011 2:19 am

No, he cannot apply for citizenship. He is an overstayer. But, with three UK born children, it's unlikely that he will be deported. Is he married? What is his partner's status? Is he living with her and the children?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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helpmyfriend
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Joined: Sat Apr 16, 2011 1:01 am

Post by helpmyfriend » Sun Apr 17, 2011 6:43 pm

Hi there

He is not married but he does live with his partner. He doesn't work, but she does.

What should he/she do? I am worried about my friends health as she is so worried that he will get deported and she feels as though she is harbouring a massive secret.

Any and all your help is appreciated.
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Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sun Apr 17, 2011 8:18 pm

Why did he overstay? How old are the children?what is the nationality/immigration status of the partner and children?
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joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Re: What will happen?

Post by joh118 » Sun Apr 17, 2011 11:10 pm

helpmyfriend wrote:What happens if a U.S citizen stays in the UK without a visa for over 10 years?
his nationality does not count for a penny in the eyes of UKBA. He is subject to immigration controls and theoretically, he would be deported from the UK if he was to be found out. Right now, getting citizenship is a million miles away.

However, you say he has 3 children here and that he has a partner here. If his partner is British (or has 'settled' status) and if his children a British citizens, then he has a strong chance of legalising his stay.

The easiest route to do this is to leave the UK and apply for a spouse visa from the USA. After he gets this visa, he can get permanant residence in 2 years and citizenship after that.

However if leaving the UK is not an option, he can apply for discretionary leave to Remain(DLR). The process will be much more complicated and he should really use a solicitor to help him with this application. He will be able to get permanant residence after 6 years on DLR and then citizenship afterwards.
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