I’m an overstayer married to a British citizen. Can I apply to stay in the UK lawfully?

Are you an overstayer who is married to a British citizen? If yes, then here’s what you can do to be granted discretionary leave to remain outside of the immigration rules.

Question: I am an overstayer; I am a Nigerian, I came to the UK in 2006 and overstayed my visit visa. Since then, I have got married and my wife, who is British, is pregnant with our child. I want to find out whether I can make an application to stay in the UK lawfully based on my circumstances.

Raheela Hussain, Principal Solicitor of Greenfields Solicitors
Raheela Hussain, Principal Solicitor of Greenfields Solicitors

Answer: It may be possible for you to make an application to the Home Office to request that you be granted discretionary leave to remain outside of the immigration rules on the basis of your family life with a British citizen partner and also as you will soon be a father to a British citizen child.

You should show why your partner and child cannot live with you in Nigeria and explain why you feel that you should be granted leave to remain in the UK based on your family life.

A legal representative can seek to argue Article 8 of the Human Rights Act on your behalf which protects your right to family and private life. The Home Office has the discretion to grant you legal status to remain in the UK if they are of the opinion that your case has merit. Initially they may grant you 2.5 years leave to remain which you can extend thereafter and after 10 years, you would be eligible to apply for indefinite leave to remain.

By Raheela Hussain,
Principal Solicitor of Greenfields Solicitors
www.greenfieldssolicitors.com

Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current laws. You should always seek advice from a qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166.