Options for illegal immigrants to legalise immigration status in the UK
After a general debate and call for amnesty for illegal immigrants in the UK. Many people inquired with us recently about options for illegal immigrants living in the UK for 10 years.
A Non-EEA national without having a valid leave to remain is classified as an illegal immigrant in the UK. Many people entered the UK lawfully i.e. for visit, study or on a work permit and subsequently overstayed once the leave to remain application has been either expired or refused or it may be that you were in breach of your visa conditions and as a result, your leave to remain was curtailed or cancelled.
As of current immigration rules, a 10 years illegal immigrant will not be in a position to regularise unless he can ascertain a way to lawfully regularise his status by making an application.
What are the options for illegal immigrants in the UK?
If you are living illegally in the UK it may be that you can make an application to regularise your status by applying for a leave to remain outside immigration rules.
Private Life in the UK
One of the common applications for outside immigration rules is to apply for discretionary leave to remain by showing strong connections and family ties in the UK and where deportation would violate your human rights under Article 8 of European Conventions of the immigration rules.
Article 8 of the European Convention on Human Rights provides a right to respect for one’s “private and family life, his home and his correspondence”, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. An applicant can make Article 8 application to the Home Office and this is considered on individual circumstance on a case to case basis.
Partner Route
This section applies to applications for leave to remain and further leave to remain as a partner of a person who is one of the following:
- a British citizen
- present and settled in the UK
- in the UK with limited leave as a refugee or granted humanitarian protection
Appendix FM provides two routes to settlement on the basis of family life as a partner or parent. These are a 5-year route and a 10-year route where:
- the 5-year route as a partner or parent is for those who meet all the suitability and eligibility requirements of the Immigration Rules at every stage
- the 10-year route as a partner or parent applies:
- in respect of applications for leave to remain as a partner or parent, to those who meet all the suitability requirements, but only certain of the eligibility requirements as a partner or parent
- where entry clearance or leave to remain is granted following consideration under of the exceptional circumstances
The two-year period of living together for a couple who are not married or in a civil partnership must have been completed prior to the date of application. However, the two-year period does not have to have been completed immediately preceding the date of application if, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the Rules, provided that the relationship continues to be genuine and subsisting at the date of application.
Parent Route
A person who is in the UK and wishes to remain here on the parent route, or who wishes to remain in the UK as the child of a person with limited leave to remain as a parent under Appendix FM, may apply for the 5-year route using the online family application form or paper form FLR(FP).
Where an applicant for leave to remain under the 5-year partner or parent route fails to meet certain of the eligibility requirements, their application under that route will be refused and considered under the 10-year partner, parent or private life routes.
An applicant in the UK can apply directly for the 10-year partner, parent or private life routes using the online family application form or paper form FLR(FP), for example where they know they cannot meet certain of the eligibility requirements of the 5-year partner or parent routes.
Overview of the 10-year partner route
The 10-year partner route is available to those in the UK as the partner of someone who is British or settled in the UK or is in the UK with limited leave as a refugee or granted humanitarian protection (excluding those pre-flight family members who can qualify under Part 11 of the Immigration Rules).
Overview of the 10-year parent route
The 10-year parent route provides a basis on which leave to remain can be granted to a parent who has sole responsibility for or direct access to a child following the breakdown of their relationship with the child’s other parent. The route is for applicants who meet one of the following:
- has sole parental responsibility for their child
- does not live with the child (who lives with a parent or carer who is a British citizen or settled here), but they have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK
- is the parent with whom the child normally lives, rather than the child’s other parent who is British or settled
The parent route is not for couples with a child together who are in a genuine and subsisting partner relationship together. Applicants in this position must apply under the partner route where or once they are eligible to do so, or under the private life route. An applicant cannot apply under the parent route if they are or will be eligible to apply under the partner route, including where the applicant is in a partner relationship but the couple have not yet been living together for two years.
The 10-year parent route is available to those who are in the UK and who meet the relevant suitability and eligibility requirements, including the fact that the child with whom the applicant has a genuine and subsisting parental relationship must meet all of the following:
- is under the age of 18 years at the date of application
- is living in the UK
- is a British citizen, or has lived in the UK continuously for at least the 7 years immediately preceding the date of application (whether or not the child has settled status here)
- it would not be reasonable to expect the child to leave the UK
What are your options?
The legal position for 10-year illegal immigrants is extremely complex, both under the Immigration Rules and where the Secretary of State’s discretion is being sought.
If you want to regularise your immigration status in the UK, particularly as a 10-year illegal immigrant, take the specialist legal advice to explore all options available to you.
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