How can i regularise my status

[Uniqueq9]

Dear Members,
hope you all are doing well.
I am in urgent need of your advice please. starting with my background, I came to uk in 2011 as a student I couldn't extend my visa due to financial difficulties. I over stayed my visa since October 2014.
I wish to apply for FLR FP on the basis of partner of british citizen(born in uk), I have been in relationship with my partner since October 2013 she was separated at that time from her ex , She is going through divorce proceedings, I can provide evidence of that to the HO she has three british children( all in primary school) from her ex partner.
The reason I want to apply for FLR FP and not as a spouse after her divorce, is because she wants to wait for 2/3 years and then get married again she is a full time student. We do not live together.
I know I made a huge mistake by overstaying, please advice what are my chances if I take this route.
I have worked and studied in this country since I have been here, I was meant to apply for my masters in October 2014 but due to financial difficulties I was not able to. I entered this country when I was 19, I'll be turning 24 this year.
I would be really grateful if you could kindly advice me. thank you

[Obie]

The difficulty for you at present is that you have not been living together with this lady for a period of 2 years, and therefore you will not be able to meet the mandatory relationship requirement under the rules.

[Uniqueq9]

Thank you so much Obie for replying back.
I understand us not living together could be a problem.
But I have my reasons firstly we cannot live together before marriage it's not allowed( religion and culture reasons)
secondly she is going through divorce and will get her decree nisi in two days, and lastly she has three kids and it's been a difficult time for them also living ity only one parent their mum so they need some time to get used of the new change . I want to give it sometime before I introduce myself .

I have evidence that our relationship is genuine phone bill since we have been in a relationship , pictures etc.

My partner and kids cannot move to my country because they have strng ties in this country and another reason is that we are both from different religions living in my country is going to cause trouble for us.

Please advice if I explain the above on the form what are my chances or should I do premium service and explain face to face to the caseworker?
Your advice is much appreciated

[iamnew]

Best option for you would be to go back to home country and apply for spouse visa when divorce and marriage is sorted out

[Uniqueq9]

Thank you
I would've taken that option if the circumstances were normal in my situation.
I have minimum contact with my family back home since I told them I'm in a relationship with my partner who is from different religion, they don't approve of me being with someone who was previously married and has children. I tried convicing my family but they will not talk to me unless I leave my partner and that is something I am not going to do.

If my application gets refused would HO give me the right of appeal?

[njoy1987]

Can't apply for FLR as a partner because you have to be living with the sponsor for 2 years. No right of appeal as you have no valid visa. An application can result in refusal as the criteria is not met & can trigger removal action.

You asked how to regularise your stay best option is to go back & apply. Minimum contact with your family & your family discord due to your relationship with this lady are very personal & one for you to sort out.

[Obie]

Can't apply for FLR as a partner because you have to be living with the sponsor for 2 years. No right of appeal as you have no valid visa. An application can result in refusal as the criteria is not met & can trigger removal action.

You asked how to regularise your stay best option is to go back & apply. Minimum contact with your family & your family discord due to your relationship with this lady are very personal & one for you to sort out.

Well i think your advise appears to be inaccurate.

OP may be able to get a right of appeal , due to him applying after the 6th of April. and given the nature of his case, It will be odd if the UKVI were to certify his claim, where a child is involved.

Given your circumstance, you may succeed outside the Rule, and I say no further than that.

[Casa]

Obie the OP doesn't have a child with the girlfriend and it appears that her children aren't aware of his existence. i.e he's not currently part of their lives. Quote " I want to give it sometime before I introduce myself ."
Although I'm unsure whether you're for or against the FLR(FP) application as you say "It will be odd if the UKVI were to certify his claim" i.e confirm is genuine

[Obie]

Obie the OP doesn't have a child with the girlfriend and it appears that her children aren't aware of his existence. i.e he's not currently part of their lives. Quote " I want to give it sometime before I introduce myself ."

I had thought they live together as a family unit, with the children.

If he has no parental relationship with the children, then it is difficult to see what path he can apply under.

I have always thought his case is weak and he may only qualify outside the rule on a discretionary basis, but in the absence of evidence he live with the children or has genuine parental relationship with them, then yes, i accept he will encounter difficulties.

[Casa]

Our posts crossed Obie, while I was busy editing.