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discretionary leave for a person who has over stayed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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my_friend
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Posts: 119
Joined: Mon Mar 25, 2013 7:17 pm

discretionary leave for a person who has over stayed

Post by my_friend » Fri May 24, 2013 2:27 am

are there any ways an overstayer can apply for discretionary leave....

Amber
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Re: discretionary leave for a person who has over stayed

Post by Amber » Fri May 24, 2013 6:45 am

my_friend wrote:are there any ways an overstayer can apply for discretionary leave....
You need to be clearer on what grounds you require. Discretionary leave can only be given in very limited circumstances (not family life issues, that has its own route). Give a reason why your situation is exceptional? Do you have children in the UK or a partner?

As you're an overstayer you can't work and this could affect future applications including naturalisation. Moreover, you face automatic re-entry refusal, at least 12 months is you leave voluntarily. You also risk being deported.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

my_friend
Member
Posts: 119
Joined: Mon Mar 25, 2013 7:17 pm

Re: discretionary leave for a person who has over stayed

Post by my_friend » Fri May 24, 2013 1:06 pm

D4109125 wrote:
my_friend wrote:are there any ways an overstayer can apply for discretionary leave....
You need to be clearer on what grounds you require. Discretionary leave can only be given in very limited circumstances (not family life issues, that has its own route). Give a reason why your situation is exceptional? Do you have children in the UK or a partner?

As you're an overstayer you can't work and this could affect future applications including naturalisation. Moreover, you face automatic re-entry refusal, at least 12 months is you leave voluntarily. You also risk being deported.
The person i am talking about has a wife and a daughter here...are there any grounds on which he can apply for a temporary stay..

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: discretionary leave for a person who has over stayed

Post by Amber » Fri May 24, 2013 1:19 pm

my_friend wrote:
D4109125 wrote:
my_friend wrote:are there any ways an overstayer can apply for discretionary leave....
You need to be clearer on what grounds you require. Discretionary leave can only be given in very limited circumstances (not family life issues, that has its own route). Give a reason why your situation is exceptional? Do you have children in the UK or a partner?

As you're an overstayer you can't work and this could affect future applications including naturalisation. Moreover, you face automatic re-entry refusal, at least 12 months is you leave voluntarily. You also risk being deported.
The person i am talking about has a wife and a daughter here...are there any grounds on which he can apply for a temporary stay..
As:
Article 8 ECHR wrote:
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
You can apply as an overtstayer without leaving if you can show a refusal or removal will interfere with that family life. There is now a specific route for Article 8 applications. You should seek professional advice and also perhaps consider the EEA route. If their spouse/child is a British Citizen or EEA national.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

my_friend
Member
Posts: 119
Joined: Mon Mar 25, 2013 7:17 pm

Re: discretionary leave for a person who has over stayed

Post by my_friend » Fri May 24, 2013 9:31 pm

D4109125 wrote:
my_friend wrote:
D4109125 wrote:
my_friend wrote:are there any ways an overstayer can apply for discretionary leave....
You need to be clearer on what grounds you require. Discretionary leave can only be given in very limited circumstances (not family life issues, that has its own route). Give a reason why your situation is exceptional? Do you have children in the UK or a partner?

As you're an overstayer you can't work and this could affect future applications including naturalisation. Moreover, you face automatic re-entry refusal, at least 12 months is you leave voluntarily. You also risk being deported.
The person i am talking about has a wife and a daughter here...are there any grounds on which he can apply for a temporary stay..
As:
Article 8 ECHR wrote:
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
You can apply as an overtstayer without leaving if you can show a refusal or removal will interfere with that family life. There is now a specific route for Article 8 applications. You should seek professional advice and also perhaps consider the EEA route. If their spouse/child is a British Citizen or EEA national.


thank you for your answer...do u know any specific good lawyer

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: discretionary leave for a person who has over stayed

Post by Amber » Fri May 24, 2013 9:58 pm

my_friend wrote:
D4109125 wrote:
my_friend wrote:
D4109125 wrote:
You need to be clearer on what grounds you require. Discretionary leave can only be given in very limited circumstances (not family life issues, that has its own route). Give a reason why your situation is exceptional? Do you have children in the UK or a partner?

As you're an overstayer you can't work and this could affect future applications including naturalisation. Moreover, you face automatic re-entry refusal, at least 12 months is you leave voluntarily. You also risk being deported.
The person i am talking about has a wife and a daughter here...are there any grounds on which he can apply for a temporary stay..
As:
Article 8 ECHR wrote:
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
You can apply as an overtstayer without leaving if you can show a refusal or removal will interfere with that family life. There is now a specific route for Article 8 applications. You should seek professional advice and also perhaps consider the EEA route. If their spouse/child is a British Citizen or EEA national.


thank you for your answer...do u know any specific good lawyer
I suggest an OISC regulated advisor who specialises in immigration law perhaps by searching the Law Society
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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