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.
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: