Civil Partnership, an Over Stayer with UK citizen, Human Rights or FLR(M) ???

Hi,

Thanks for very useful information I have here!
I would be thankful if someone can advice me on my situation.

My partner is a UK citizen by birth and I am from a Non-EU country (Asia). I entered in the UK as a Student with a student visa and then situation became complicated and after few years I became as an over stayer as I didn't get my extension on my student visa, since then I don't have a valid leave to remain in the UK.

In the early days when I was a student here, I met someone (a man) who I fell in love with, after two years of our relationship, we went to a solicitor who made a Human Rights application for me and a COA application for us to get permission for our Civil Partnership and to get me stay in the UK as I and my partner already have a family life developed in the UK and then we started living together. Finally, we got COA approved after more than a year time, we happily entered into Civil Partnership and are now official partners.

I was in the impression of submitting FLR(M) right away after the registration but my solicitor said he would only be adding this registration information in to my Human Rights application he previously made and hopefully I will get this approved and if so I will be granted three years Discretion leave, then I will have to extend this leave for another three years before I apply for ILR.

Moreover, It's just impossible for me to leave the UK to apply from my country for Entry Clearance for a two years Spouse visa because of my cultural background as Gay life is not acceptable in my country neither by law nor by religion.

My question is why can I not go for FLR(M) within the UK to have a two years visa even if I don't have a valid leave to remain in the UK?

Second question is if I get my Human Right's application approved for Discretion leave, would I be able to submit FLR(M) afterwards at any stage?

Any other advice will be more than welcome and be a great help!

Kind Regards

You cannot apply for FLR(M) because you do not qualify for it, and you never will.  By wilfully  ignoring the immigration laws of the UK, you have guaranteed that you can only qualify for leave to remain via special circumstances of which the people on this forum have no personal experience, ie your Human Rights application. Since you already have a lawyer working for you, there is not really any advice we can offer, as we are not experts ourselves.  Listen to what your lawyer tells you.  Best of luck. 

By wilfully  ignoring the immigration laws of the UK

No, I didn't ignore the law Wilfully!!!
sorry for my language and writing mistake!

No, I didn't ignore the law Wilfully!!!
sorry for my language and writing mistake!

You overstayed -- for whatever reason you chose not to leave when your visa expired or to apply for another visa BEFORE your previous one expired. You did ignore the law willfully by doing so.

My question is why can I not go for FLR(M) within the UK to have a two years visa even if I don't have a valid leave to remain in the UK?

Second question is if I get my Human Right's application approved for Discretion leave, would I be able to submit FLR(M) afterwards at any stage?

You already asked these exact questions twice yesterday in different threads and got the same answers... posting the same thing again isn't going to get you different answers, nor is it going to give you the answers you want to hear.

- You can't get FLR(M) because you don't have valid leave to remain in the UK.. and having valid leave to remain is a requirement to qualify for FLR(M).

- We don't know the legal details of human rights applications, so we can't help with that. Plus, you already have a solicitor so you need to be asking them these questions instead.

Everybody who overstays believes it's not their fault. 

An estimated million in the UK with each and every one offering some sort of justifying backstory.  Whether their stories are legitimate or not doesn't matter because the British public is PISSED OFF about it.

So the labour government whacked T3.  The coalition whacked T1 and capped T2 and is getting ready to bugger up T4. 

Anyhoo...

For the benefit of those regulars following the thread, the OP got a special type of discretionary leave that runs in two laps for a total of 6 years.  After that they can apply for ILR (with KOL, etc etc).  There's no provisions to switch out from this type of leave from within the UK.   They can switch out into FLR *ONLY* by obtaining an entry clearance (this was, by the way, pointed out to the OP and they would have signed a statement confirming that they understood it).   

In my own experience, very few have the huspa to get an entry clearance, so for the bulk it's a haul of 6 years in a marginal life of total absolute dependence on the sponsor.  Oftentimes victimized by domestic violence and no place to turn.  No credit, no mortgage, the highest employment you can get is flipping burgers, and blah blah blah blah.  Economically and socially radioactive.

I think historyenne's and ksand24's and Debz' replies are very appropriate to the thread and to the forum overall.  They are all saying to keep the forum on topic in our area of limited expertise, and it makes a lot of sense.  Hat's off to all of them.   

You may want to contact your local refugee charity who may be able to give you a bit more assistance and advice.

You overstayed -- for whatever reason you chose not to leave when your visa expired or to apply for another visa BEFORE your previous one expired. You did ignore the law willfully by doing so.

Thank you very much for your replies, I much appreciate but I now MUST tell you more about the situation to prove that I didn't wilfully ignore the law and over stayed.

I did apply for extension on time via a solicitor but when I got the refusal it showed that my solicitor applied for my student visa extension late, after my leave expired, it was solicitor's mistake which he never accepted, I then ran to another solicitor, struggled a lot for my right but because of this delay and ignorance by this previous solicitor finally classed me as an over stayer.

Thanks
Mahesh

But no one here can help you.  Telling us does no good and it doesn't matter if you didn't intend to overstay.  You did so now that route is closed. 

Also, you have a lawyer so tell him or her.

OK, I think we're all done here. The questions have been asked and answered.