Friday, 10 April 2020


Regularising your immigration status

If you have entered the UK without permission or your visa has expired (i.e. you are an overstayer), you may need to consider your options for making your immigration status legitimate (this is also referred to as regularisation). Regularisation means that a migrant moves from having no right to remain to be a legal migrant with temporary or indefinite leave to remain.

This may be achieved by:

Claiming asylum – in order to be successful in claiming asylum, you will need to prove you have been the victim of persecution in your home country, due to your race, religion, nationality, political views, or your gender, gender identity or sexual orientation. You will also have to show you have failed to get protection in your home country.
You have a partner in the UK who is a UK or EU/EEA citizen
You have children in the UK, especially if they're British citizens, settled or have been in the UK for 7 years or more

If you are in the UK illegally, it is essential to seek the advice of immigration Solicitors who will take the time to listen to the details of your situation and recommend the best course of action. This is a complex area of law, and given your illegal status, it is important to tread carefully, so as not to jeopardise your position unnecessarily.

If an immigration Solicitor cannot see a way you can make your immigration status in the UK legal, they may recommend returning to your home country to make a legitimate visa application to enable you to get married in the UK.

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