Melanie Tumbokon Wong Immigration Solicitor company logo
Call now for a FREE Assessment: 0203 302 6864


Family Life Visas for Overstayers


Are you an Overstayer/Illegal Immigrant in the UK, or is your UK Visa about to Expire?
 
Do you have a British/settled partner and/or a child born in the UK? 
If so, you may be entitled to apply to remain in the UK under one of the Family Life categories, as discussed further below. 

FREE No-Obligation Consultation
An Immigration Lawyer will 
Call You back to assist in your Case

Contact Us


Family Life Applications in the UK

  • Are you a non-EEA national? 
  • Do you no longer have a valid visa, or have you overstayed in the UK? 
  • Do you have a British or a settled partner in the UK? 
  • Or do you have a child/children born and living in the UK? 
If you have answered yes to these questions, then you may be eligible to apply for leave to remain based on your Human Rights to a private and family life, on the basis that you have a relationship with your British/settled partner, and/or you have a British/settled child living with you in the UK, or whom you have shared custody rights of. 
 
This is the most common, successful type of claim made under Human Rights. These immigration applications, known as Human Rights applications, are made under Article 8 of the European Convention on Human Rights (ECHR).

Who is eligible to apply under Article 8?

There are many occasions when a person can rely under the Article 8 family life case. For instance, in cases where a non-EEA national has overstayed their visa, but has developed a relationship, and if there are children or other compassionate factors, then the courts have indicated that the non-EEA national, (who usually has to leave the U.K. if they have no visa), may not have to leave the U.K and apply for a visa in their country in order to return and regularize his stay in the UK, as this would not be in the best interests of the child/ren.

There are many routes that may be applicable to you, depending on your individual circumstances. If you need further assistance, please call us on 0203 302 6864 or complete the enquiry form

Requirements: In all cases, an important requirement is that your family member or partner is either a British citizen, settled in the UK (i.e. has Indefinite Leave to Remain or Permanent Residency), or has asylum or humanitarian protection in the UK. You may also be able to apply to remain with your child if they have lived in the UK for at least 7 years.

If you’re in the UK on a temporary admission or you do not have a valid visa, you may be eligible to apply for leave to remain in the UK under one of the following routes:


Family Life as a Partner (10 year route)


You must meet the eligibility requirements for the partner routes and you must also be in one of these situations:
  • there are serious reasons you and your partner can’t live together as a couple in another country, and/or
  • you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it wouldn’t be in their best interests to leave the UK with you.

Parent Routes (5 and 10 Year Routes)

A ‘Parent,’ for the purposes of such applications, means: a natural (biological) parent, an adoptive parent, or a step-parent where the biological parent has died.
  • If the child was born in the UK but isn’t a British citizen - and their birth parents are unable to look after them, anyone who takes on parental responsibility will also be considered a parent. You need to have either sole parental responsibility for the child, or shared responsibility, and the child’s other parent is a British citizen or is settled in the UK.
  • If the child lives with their other parent or carer - The parent or carer who the child usually lives with must be a British citizen or settled in the UK.You must have access to the child in person, as agreed with the other parent or carer or by a court order. You must be able to prove that you and the child are both living in the UK, the child is under 18 or was under 18 when you applied for a ‘family of a settled person visa’ to join them, and you’re continuing to take an active role in the child’s upbringing.
  • Family life as a parent (5-year route) - Your child must be a British citizen or settled in the UK. You must meet the eligibility requirements for the parent routes and you must also be able to prove that you have enough money to adequately support and accommodate you and your dependants without relying on public funds, you have good knowledge of English if you’re 18 or over. 
  • Family life as a parent (10-year route) - You can also apply in this route if the child has lived in the UK continuously for at least 7 years. You must meet the eligibility requirements for the parent routes. You must also prove that it wouldn’t be in the child’s best interests to leave the UK with you. 

Private life in the UK (10-year route)

You must be able to prove that:
  • You are between 18 and 24 and you’ve lived continuously in the UK for more than half your life; or 
  • that you are 25 or over and you’ve been in the UK continuously for 20 years: or 
  • that you are 18 or over and you’ve spent less than 20 years in the UK, but you’d find it hard to live in another country, eg because you have no friends or relationships there;
  •  or that you are under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK. 
As you may be aware, family visa applications can be complex and using the services of an immigration expert is highly recommended. Start your future today and contact us by completing the query form below, or call us for a confidential, no-obligation chat TODAY on 020 3302 6864

Send us a message

Share by: