HELP!! Love of my life must not be lost forever

[dollarjojo]

Hi guys,

I need your help on the right way to go, so here's the scenario:

I have been granted ILR, my girlfriend of 8 years is an overstayer. I really want to be with her (here in the UK i.e.) We have no kids. She has a good job and has never been on public funds.

Question: What is the best way forward with regards to changing her status and make her a legal resident of the UK?

Your help is truly appreciated

[PaperPusher]

How long have you been together, have you been living together in a "relationship akin to marriage" for at least two years?

Are you willing to get married if it comes to it, or move to her home country if she has to return home? I am only mentioning marriage because it may be on the cards anyway.

Is she just a straightforward overstayer, or has she made asylum applications in the past?

How old was she when she came to the UK?

Having a good job doesn't in itself entitle her to stay in the UK, because she should not be working if she has been doing that without permission. Her employer could be liable to prosecution or a £10k fine too.

Coming back or staying to work with leave would be very difficult.

Another route is to make an application for indefinite leave based on 14 years residence, but that may be closed before she hits 14 years.

[dollarjojo]

Thanks for getting back PaperPusher. I'll answer your questions as you put them.

1. We have been together (living i.e.) for over 8 years and the relationship is akin to marriage.
2. I have a job here that pays my mortgage, but I'm willing to go to her home country to get married
3. She is a straightforward overstayer
4. She was 30 when she came to the UK

I hope this information helps as I am only looking for guidance towards the best way ford

[Mr Rusty]

If you have incontrovertible evidence of a long-term relationship, and can satisfy beyond doubt the support and accommodation provisions of the Rules, the quickest way to resolve the situation, in my opinion, is for her to leave the UK and for you to get married in her country. There really would be no grounds to refuse a spouse EC application.

She would of course put her job at risk by doing this, because she might need more than a couple of weeks holiday to accomplish it all, but to apply here would take much longer with no guarantees of success, and once her situation becomes known her employer won't thank her for potentially incurring a £10000 fine on him.

[UKbound]

I'm not sure leaving is the right answer.. If she leaves she could be subject to a ban on re-entry..

[Mr Rusty]

I'm not sure leaving is the right answer.. If she leaves she could be subject to a ban on re-entry..

A ban? Under what paragraph of the Rules?

[UKbound]

Please refer to this post -

http://www.immigrationboards.com/viewto ... erstay+ban

Note - there was a concession in place until late last year, but I believe that no longer applies.

[Mr Rusty]

But the ban under Para 320 7B does not apply to spouse applications, see:

"(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A, ...."

[UKbound]

Thanks, I stand corrected..

I've read a few people were denied, but I think it relates to this section -

"Although 320(7B) may not apply, an ECO must still consider whether the applicant meets the “significantly contrived to frustrateâ€

[Mr Rusty]

[quote="UKbound"]Thanks, I stand corrected..

I've read a few people were denied, but I think it relates to this section -

"Although 320(7B) may not apply, an ECO must still consider whether the applicant meets the “significantly contrived to frustrateâ€