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Popular Immigration Law Questions and Answers

Greenfields Solicitors are a firm of specialist immigration and human rights  solicitors with an excellent success record for clients who have used our legal services to help them obtain lawful status in the UK. Below are some of the common questions we encounter on a daily basis and  the type of cases we have successfully represented clients in. The Immigration rules are vast and complex and constantly evolving; it is therefore vital that an Applicant obtain professional legal advice  before making any application to the Home Office to provide them with the highest chance of success.
 
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Q) I am a Ghanaian man and I have overstayed my visa. I have a baby with a woman who holds ILR, but we are no longer together. I pay for my child's baby’s upkeep and want to be a part of my child's life, can I get a visa to stay here?
 
A) The immigration rules do allow a person to make an application for regularisation of legal status where they have a child who has lawful residence in the UK and where the parent is involved in the child’s life and intends to have a parental relationship with that child. Your child may be eligible to obtain British nationality if the mother holds Indefinite Leave to Remain status and if your child obtains British nationality, this can help strengthen your application for residency considerably. It may be possible to request for Discretionary Leave to Remain for an initial period of 2.5 years and this is extendable every 2.5 years up to a period of 10 years, where thereafter you can apply for Indefinite Leave to Remain. The Home Office will require to you to provide evidence of your involvement with the child such as  proof you spend time with the child, photographs, any financial contributions made to the child, a letter of support from the mother of the child (if this is possible). 
 
Q) I came to the UK 11 years ago, and I have a child who will be 7 in a few months. I am a single mother, can I get legal status for me and my child because I heard when a child is 7, it’s possible?
 
A) The immigration law states: Where a child is under the age of 18 years and has lived continuously in the UK for at least 7 years and it would not be reasonable to expect the Applicant to leave the UK", then an Applicant can be granted Discretionary Leave to Remain of 2.5 years. It is important to show that the child cannot reasonably be expected to leave abroad with the Applicant in a foreign country which may be quite achievable if the child has ties in the UK such as their father, mother, siblings, school, friends, extended family members etc...The Home Office can decide whether to grant the Applicant and the child lawful status by way a grant of 2.5 years Discretionary Leave to Remain.
 
Q) I’m on Tier 4 visa and it’s about to expire. I can’t afford the tuition fees to get a CAS letter, but I don’t want to go back because I have family in the UK. 
 
A) It depends on what kind of family ties you have in the UK. If you are living with family members and are emotionally and financially dependent upon them, then it may be possible for you to apply for a variation of legal status requesting that you be granted leave to remain in the UK as your family ties are in the UK and that you have no ties to return to in your home country. A case which highlights compassionate, compelling and exceptional facts will need to be made to the Home Office. The Immigration rules state that where an Applicant is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) 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 make an application requesting that they be granted discretionary leave to remain in the UK. 
 
Q) I am an overstayer and have been living with my British partner for the past year. My partner is English and I am Cuban. My partner wants me to live in the UK and we want to get married? 
 
A) Within the Immigration rules, there is a law which states: Leave to remain as a partner can be granted "where the Applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK". “Insurmountable obstacles” means the very significant difficulties which would be faced by the Applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the Applicant or their partner. You should therefore seek definitive legal advice as soon as possible to ensure that you obtain advice on whether you meet this requirement before making an Immigration application. 
 
Greenfields Solicitors are experts in all types of Immigration and Human Rights matters. This area of law is complex and constantly changing which means that you have to be sure you have up to date and accurate legal advice. Get advice and representation at an early stage to help give your application the best chance of success.
 
 
By Raheela Hussain
 
Principal Solicitor
 
Greenfields Solicitors
6 Market Parade
Winchester Road
London N9 9HF
 
Tel: 020 8884 1166
 
www.greenfieldssolicitors.com
 
*Please note that the above article is an informative article only and does not in any way constitute legal advice.
 
For advice regarding your case, please call Greenfields Solicitors on 020 8884 1166 to book a consultation. Ms Hussain offers both telephone and in-office consultations for a fee of just £49.00 for 40 minutes advice.

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