overstayer - disabled british partner

[jake81]

Hello,

Please can you help me advise my friend who is planning on putting in an immigration application very soon.

Background:

Came to the UK from West Africa in around 2003 on a student visa.
Due to the death of his father he was unable to pay course fees and could not complete his course.
When his visa expired, he overstayed and has been living with, and supported by his girlfriend, who is a British citizen.
A couple of years ago, his girlfriend developed a disability and is now unable to work, and is in receipt of benefits, which are barely enough for the couple to live on.
My friend would like to be granted leave to remain so that he can seek work in order support himself and his partner financially.
The couple have bills, proving cohabitation going back several years. They're only source of income is currently benefits.

Do they have grounds for leave to be granted within in the immigration rules? If not, do they have a decent shot at discretionary leave? Please can you advise, what the best course of action is?

Thanks in advance for your advice.

Jake

[jake81]

*bump*

I've been told that FLR(FP) might be the correct form for my friend to use. Is this correct?
What can he do to help his case? Please can someone give me some advice?

Also. I forgot to mention that my friend's partner is severely disabled and would be unable to receive adequate treatment in my friend's home country.

[Petaltop]

Also. I forgot to mention that my friend's partner is severely disabled and would be unable to receive adequate treatment in my friend's home country.

If she is disabled on full sick and disabled benefits, she will be exempt from the £18,600 required to sponsor him. He could return to his own country and apply for a partner visa if he has proof they lived together as a married couple for at least 2 years.

Has he been working illegally? Using the NHS without paying?

[jake81]

If she is disabled on full sick and disabled benefits, she will be exempt from the £18,600 required to sponsor him. He could return to his own country and apply for a partner visa if he has proof they lived toether as a marreid couple for at elast 2 years.

Has he been working illegally? Using the NHS without paying?

Thanks for your reply. No he has not been working or using the NHS. His partner was working prior to the onset of her disability. Now their only source of income is benefits, hence the need to work. She is on full benefits for her disability.

Is returning home his only option? This will be a huge strain on his disabled partner who he is currently caring for. Is there any viable way to ask for discretionary leave on compassionate grounds? Please advise on any other actions that he can take.

Thanks.

[Petaltop]

Now their only source of income is benefits, hence the need to work. She is on full benefits for her disability.

Is returning home his only option? This will be a huge strain on his disabled partner who he is currently caring for. Is there any viable way to ask for discretionary leave on compassionate grounds? Please advise on any other actions that he can take.

Thanks.

It's the quickest route for him for ILR, but his overstaying will affect UK citizenship. If she warrants it, the state will pay for a carer to look after her for 35 hours a week while he returns to his own country for a spouse visa.

How was he planning to work if he needs to care for his partner?

[Highly_Skilled]

If she is disabled on full sick and disabled benefits, she will be exempt from the £18,600 required to sponsor him. He could return to his own country and apply for a partner visa if he has proof they lived toether as a marreid couple for at elast 2 years.

Has he been working illegally? Using the NHS without paying?

Thanks for your reply. No he has not been working or using the NHS. His partner was working prior to the onset of her disability. Now their only source of income is benefits, hence the need to work. She is on full benefits for her disability.

Is returning home his only option? This will be a huge strain on his disabled partner who he is currently caring for. Is there any viable way to ask for discretionary leave on compassionate grounds? Please advise on any other actions that he can take.

Thanks.

His disabled partner can make use of the NHS and Social Services to provide a carer in the interim while he goes outside the UK and returns with the appropriate entry clearance.