Raheela Hussain, Principal Solicitor of Greenfields Solicitors, explains what you can do to live legally in the UK if you can’t extend your Tier 4 (General) visa.
Question: I am on a Tier 4 (General) visa and have been in the UK since 2011. I can’t extend my Tier 4 (General) visa anymore because of the Home Office’s 5-year cap on studies.
Is there any way I can stay here legally? I am not ready to go back home since I have nobody there to return to as all my family members live and work in other countries outside of Mauritius.
I have been working in the UK and paid taxes and I want to set up a life here. I would like to work as an Engineer as this the degree I obtained whilst studying in the UK.
Answer: You may consider making an application to remain in the UK on the basis of you having established a private life in the UK and you can also argue that you do not have ties to return to in your own country.
A legal representative can make an application on your behalf to the Home Office and request that you be granted leave to remain in the UK on the basis that you have established a private life in the UK and that you have no ties to return to in Mauritius. The immigration rules states that “where a person has lived in the UK for less than 20 years, but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK”, then they may qualify for leave to remain in the UK. Again, we would suggest obtaining accurate legal advice on this case so you are fully informed on the merits of making such an application and to ensure you receive the best chance of success, if you choose to apply for discretionary leave to remain in the UK based on the Immigration rules and under Article 8 of the Human Rights Act which protects in your case, the right to private life.
By Raheela Hussain,
Principal Solicitor of Greenfields Solicitors
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.