Hi I have been living in the UK for over 17 years. I came to the UK On a visitors Visa when I was 19 years old. I have overstayed I have never left the UK and states for the 17 years I am now 37 years old I have no family back home. Is there any Application I could make to the Home Office has
Areas of Expertise:
Thank you for your question.
After 20 years in the UK you may be able to apply for Leave to Remain under the Twenty Years Long Residence / Private Route on the grounds of private life. Under this route, it does not matter whether or not you have not had a legal right to be in the country.
The law relating to the 20 years long residence route for indefinite leave to remain is contained in paragraph 276ADE of the Immigration Rules. Prior to this paragraph coming into force in 2012, applicants could apply for Leave to Remain after 14 years.
The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;
i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
Please get in touch with us as you may be a precarious position being in the country illegally.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Posted on Tuesday, 11 October, 2016