Q) I have been in the UK for 9 years and have a partner and a child, my son is aged 6 years and was born in the UK. We are all overstayers. Is there anything we can do to obtain lawful status in the UK?
A) Yes, you can make an application to regularise your legal status in the UK based on your having established both a private and family life and you can specifically seek to argue Article 8 ECHR 1998 which states:
- “Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of nationals security public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”.
The fact that you have a family unit and your son was both born and raised in the UK and that he is approaching his 6th birthday is most helpful in terms of case law and legal argument to help regularise your family’s legal status. Recent changes in case law seek to protect the best interests of the child of a family in an Immigration context and assuming that you and your family have maintained and accommodated yourselves privately and without recourse to public funds, your lengthy residence, that you have assumingly not been in trouble with the police and have integrated into British society smoothly are all grounds to help make an application for regularisation of legal status. You should proceed with lodging an application under Article 8 ECHR 1998 and you should also obtain expert legal advice a representation from a firm of specialist Immigration solicitors to assist you with the aim of regularising your legal status as such applications require in-depth knowledge of Immigration law and policy as well as relevant case law .
by Raheela Hussain,
Principal Solicitor of Greenfields Solicitors
The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors on 020 8884 1166 for a Consultation with a Solicitor.