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 and apply for a UK visa from their country of origin), may not have to leave the U.K, as this would not be in the best interests of the child/ren for the family to be apart from each other.
There are many routes that may be applicable to you, depending on your individual circumstances. If you need further advice and assistance, please call me, Melanie Wong, on 0203 302 6864 and 07761 308 670 or complete the enquiry form, below.
In all cases, an important requirement is that your family member or partner is either a British citizen or is "Settled" in the UK (i.e. they have Indefinite Leave to Remain or Permanent Residency in the UK), or they have been granted 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: