FLR (M) - Can I apply if Overstayer ???

I am currently an overstayer of over 8 years.

My partner (we have lived together for as long as I have overstayed, and we are not married/ in a civil partnership) has just reached the income requirement.

Can I apply for an FLR (M) ? Or do I have to apply for an FLR (FP) because I am currently in the UK in breach of immigration rules ?

I do NOT want to make an out of country application at present. I understand that this may be the best option at present but for various reasons I don't believe this is particularly appropriate i.e. medical reasons etc.

You need to hire a VERY good attorney. 

Staying will not be cheap or quick.  Without children you are highly unlikely to be successful.   

You need to hire a VERY good attorney. 

Staying will not be cheap or quick.  Without children you are highly unlikely to be successful.   

Can you specifically advise me if I can apply for an FLR(M) or will my application be automatically rejected as I am an overstayer ?

I am somewhat confused as to whether overstayers can in fact apply for an FLR (M) if their partners meet the income requirement. Or is is that an individual can only apply for an FLR (M) if they are currently in the country legally on another type of visa AND their partner meets the immigration rules ?

Is the situation ultimately that an individual must apply for an FLR (FP) if they are currently an overstayer and/or their partner does not meet the income requirement ?

You don't qualify to apply for ANY visa.  That's why you need a very skilled, very good immigration lawyer to fight your case.  And there needs to be a case.

You say that you aren't married.  And as you haven't been here legally, you can't count the time you've been living together either.

Any visa you apply for inside the UK will be refused.

You need a very good human rights lawyer to fight for your partner to have a "right to family life" here in the UK and must prove that the only place you can do so is the UK.

You would have a better shot if you returned to the US and applied from there.  But with an overstay, you need an attorney.  There is a chance they will forgive the overstay if you look to follow proper legal channels now.

Other big factors.  Have you worked or used the NHS (and not paid) while you've been here?

If I don't qualify to apply for any visa, then what exactly would I be applying for then ?

In the FLR (FP) form they ask : Please tick below to show us the category in which you are applying for leave to remain in the UK

. . . one of the categories is : Leave outside the Rules on the basis of family or private life

So I would therefor assume that I can in fact apply for an FLR (FP) visa in my situation.

In response to your other questions . . . I have only worked in the UK when I was here legally and not during the time I was an overstayer, and yes I have used the NHS. I did have to pay once, which I did and have proof of payment. All other care I received was free of charge as a result of a specific medical condition.

You need a lawyer.  This isn't something you can do on your own.

If you apply from inside the UK, you will receive an automatic refusal.  So it doesn't make much difference which application you file.  FLR(M) will be a faster refusal than FLR(FP).  After you receive the refusal, you'll find out if you have the right to appeal.  UKVI will hold your passport during this time.  The appeal process (if granted and that is unlikely) will take about a year. 

An attorney that is well versed in case law may be able to strength your case proving that you have insurmountable reasons for remaining in the UK. 

From the bit of research I have done I have found this: If, as an overstayer, you make an application to extend your stay whilst in the UK, then unless you make this application within 28 days of becoming an overstayer, you will face a mandatory refusal.   The Home Office will disregard the first 28 days as an overstayer, although remember you have to rely here on the Home Office getting the decision making right first time round as there is no appeal right to the Tribunal.

For those who opt to return to their home country, they must ensure that they do so within 90 days of becoming an overstayer otherwise they too will face a mandatory refusal, subject to certain exceptions.

So, in short the lesson from all of the above is to avoid at all costs becoming an overstayer.  If, however, you find yourself in this position, then do seek urgent legal advice and remember the 28 and 90 day time-scales above.


As our wise KFDancer has advised, you should honestly get yourself a very good human rights lawyer as 8 years is a very long time. Do you have children that you could base your argument off of?

In response to your other questions . . . I have only worked in the UK when I was here legally and not during the time I was an overstayer, and yes I have used the NHS. I did have to pay once, which I did and have proof of payment. All other care I received was free of charge as a result of a specific medical condition.

This doesn't change any of the advice you've already been given, but if you were working here legally at some point, that suggests you came here on another visas, as a student, partner or worker. Once that visa ended, it's possible you were sent a letter asking you to leave. Did you ever get anything like that or any communication from the UKBA/UKVI?

The NHS situation is another one to worry about. If you've not been here legally, you shouldn't have been using it for free. Sometimes people have a hard time getting the NHS to bill them, but it needs to be done to help any future visa applications you make. Unpaid NHS bills are not good in visa applications and can be reason for refusal.

You've got a lot going on and you really need to discuss this with a lawyer.

From the bit of research I have done I have found this: If, as an overstayer, you make an application to extend your stay whilst in the UK, then unless you make this application within 28 days of becoming an overstayer,

The "28 days" was abolished.
http://talk.uk-yankee.com/index.php?topic=88874.0

An overstay won't really affect a spouse visa, unless they have done things like working, used false names, claimed welfare, used the NHS without paying etc. But an overstay would likely affect the Good Character requirement for British citizenship.

After you receive the refusal, you'll find out if you have the right to appeal.  UKVI will hold your passport during this time.  The appeal process (if granted and that is unlikely) will take about a year. 

What happens after this ?

Is there any way to contest the decision to not grant a right of appeal ? Or will this be absolute ?

Haven't a clue.  Your circumstance is well beyond the breadth of this forum.  I feel like you think and hope you can do this without an attorney.  You can't!  Please don't try.

You need to call some top immigration attorneys and vet who you want to hire.  You only should hire one that has a PROVEN track record of visas being granted for others in your same circumstance (I'm making assumptions here, but you need to ensure they've been successful with clients who are not married and have no children in particular).

I would start with Laura Devine.  We often recommend Medivisas and while they do take cases that are not straightforward, I think you need "bigger guns".

I wish you all the best.  You are welcome to keep us posted with your progress.  This won't be an easy battle.  I hope you are given the chance to become legal.

The NHS situation is another one to worry about. If you've not been here legally, you shouldn't have been using it for free. Sometimes people have a hard time getting the NHS to bill them, but it needs to be done to help any future visa applications you make. Unpaid NHS bills are not good in visa applications and can be reason for refusal.

As I mentioned earlier, my specific medical condition means that all NHS care I have received in relation to it is entirely free of charge. That is not up for debate, the law is very specific regarding this. This could however cause some complications in any application process. It would ultimately be resolved at some point, with the worst case scenario being unnecessary delays . . .

As I mentioned earlier, my specific medical condition means that all NHS care I have received in relation to it is entirely free of charge. That is not up for debate, the law is very specific regarding this. This could however cause some complications in any application process. It would ultimately be resolved at some point, with the worst case scenario being unnecessary delays . . .

There never has been any free use of the NHS allowed for illegals/overstayers/visitors. It was only for those legally residing in the UK. Even if it was something the UK treated for free, it was only ever a patch -up so that you could return home for treatment.

Under the new immigration rules, it is likely only a matter of time before someone at the NHS realises you should pay as you should have a Biometric Resident Permit now to use the NHS bill free. The NHS are now also required to check on their SPINE system, where your name will need a green banner (put there by UKVI) for you to be allowed bill free use of the NHS. Under that same new law, the NHS trust now gets fined if they don't bill.

An overstay alone would not stop you from getting a visa to enter the UK as a spouse, but Frustrating the intentions of the Immigration Rules: RFL07, paragraph 320(11), does and one of these is
"previous recourse to NHS treatment when not entitled"

https://www.gov.uk/government/publications/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011


It's going to be very difficult to get a Human Rights claim for famliy life approved, if you don't have a British child. HR claims have been watered down under the new immgiration acts. Under those same acts,  appeals against a HR refusal are now from outside the UK.

ILR for those '14 years an illegal and never been served a deportation type notice' is now 30 years to ILR (20 years not being caught/served and then get the 10 year route to ILR of 2.5 x 4 visas and 10 years of IHS charges). There are some different rules for those who were illegal in the UK as children and who have reached a certain age, because a child doesn't have a choice where they live.

As others have said, you really need good legal advice to decide your best option.

I feel like you think and hope you can do this without an attorney.  You can't!  Please don't try.

You need to call some top immigration attorneys and vet who you want to hire.  You only should hire one that has a PROVEN track record of visas being granted for others in your same circumstance (I'm making assumptions here, but you need to ensure they've been successful with clients who are not married and have no children in particular).

I would start with Laura Devine.  We often recommend Medivisas and while they do take cases that are not straightforward, I think you need "bigger guns".

Don't worry, I definitely need I know a solicitor but it certainly doesn't hurt to be as well versed as I can on all possible angles of my case regardless.

I have already had a consultation with one, which was really just to get my bearings of my overall situation and options. I may eventually use them for an application, but as immigration to the area of the UK I live in is skewered towards asylum seekers/refugees, this is likely what they are predominantly experienced with and may not be ideally suited for my situation.

I have in fact contacted Medivisas as well as Laura Devine. Medivisas seems quite good however I am not near London so all my consultations would be over the phone, so not exactly ideal. Laura Devine quoted some ridiculously astronomical prices (might get a discount depending on financial situation), but perhaps that is simply what it will take, like you said, maybe I do indeed need 'bigger guns' !!! And if they have a better chance of getting my application approved in the first round, then their high costs could easily be equal to what a number of successive appeals would cost anyway . . .

Other than those 2 firms do you have any other suggestions ? I assume of course that they would likely be London based, and like I said this wouldn't be ideal, but it certainly wouldn't hurt to contact them. It's just the reality that the majority of law firms are in London, so if I really want a decent choice, I may have no choice but to use one there in the end.

Thanks for your help !!!