Post study overstayer, my family has discretionary leave: may I apply?

QUESTION: I want to know whether I am able to apply for discretionary leave to remain. I am from Nigeria, came here on a student visa in 2006 after being removed/deported from the country in 2005. I have completed my studies, given 2 years post study which has expired, had a partner and now a daughter who were given discretional leave this year, lost my first daughter to still birth 2years ago.

Please advise me!

Thanks – Vic

ANSWER: Dear Vic

As you are an overstayer, you have no rights of permission to continue to reside in the UK. Therefore you are required to leave the UK voluntarily or attempt to regularise your status by way of an application to the Home Office.   

However, from what you have described it may be possible to submit an application for discretionary leave because of the statuses acquired by your partner and child. However, you should note where a person is relying on Article 8 ECHR (right to private and family life) rights in the UK the family members whom they wish to enjoy the family life with normally must have settled status in the UK. For example be either British, European citizen or have been granted with indefinite leave to remain in the UK.

Read the related guide for more information: 
When to apply for Discretionary Leave and Indefinite Leave to Remain on compassionate grounds

Should you wish to discuss any possible application in more detail, please do not hesitate to contact this firm via the telephone number below.

  April 2011
Liza Mills
Immigration Caseworker
Senior Immigration Solicitor 
Greenfields Solicitors
Tel: 020 8884 1166
        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 law when the information was first displayed on this website. 

 You should always seek advice from an appropriately 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.  



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