Question: My visa expired in 2005. I have met so far an asylum seeker who got his Indefinite leave and whose application for British citizenship was accepted. We want to marry here then I can apply for legal stay in UK. We are hesitating to make any further step because of my status. Please help us know what to do. Thank you.
Answer: Since you are in a relationship with a person who has British citizenship you may have the option of regularising your immigration status by way of submitting a settlement application on the basis of your relationship.
However, please note that because your are now an overstayer your settlement application must be submitted from outside the UK - either at British High Commission (BHC) in your home country or at a BHC country outside of the UK where you have a lawful right to reside.
The reason why an application of this nature cannot be submitted in the UK is because you breached the immigration rules by overstaying and therefore no longer have legal permission to be in the UK. Although you have breached the immigration rules this cannot be used against if you decided to return to your home country to submit an entry clearance application for settlement as this category is protected by Article 8 of the Human Rights law which stipulates that individuals have a right to enjoy private and family life without state interference.
The other consideration is which application you wish submit in order to obtain entry clearance. As you have suggested that you wish to marry, you may look to submit either a marriage spousal visa or fiancé visa.
For further information or advice with regards to these visas it is highly recommended that you have a consultation with immigration solicitors such as Greenfields who can advise you on the legal requirements of these visas and what the probability of success will be given your current circumstances.
By Greenfields Solicitors,
www.greenfieldssolicitors.com
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