An overstayer confused what to do??? Plz help!!

[weldsousa]

Hi all :
I'm writing this article seeking some help and advice to make a decision with regard my immigration situation. The background of my case is that I came to the UK on April 2004 on a visitor visa for 6 months. But a month later, I fell in love with my partner whom I'm still living with in a three bedroom detached property that she owns. On November 2006 we submitted an application for the extension of leave to remain in the United Kingdom as the unmarried partner of a person present and settled here outside the immigration rules on compassionate grounds, but unfortunately over the last few months I have been told it could take up to another three years before they could reach a decision about my case. In all honesty I have had enough waiting for outcome of this application so we've decided that I should go back to Tunisia and apply from there (same application as the one I've got now or as a fiance). But since I've been reading about some cases in this forums I feel it would be a big risk to take to go home and not being able to rejoin my partner here in the UK.
Just one more details my partner is a professional British citizen on a highly paid executive job so we've never had any recourse to public funds.
Any professional thoughts on my case would be very much appreciated (whether I should stay and wait for this in country application or I should go back home) and any similar cases or situation would be nice to share. Please feel free to contact me and many thanks in advance to you all.

[Kris]

I would seek professional advice as overstaying is frowned upon but with a solicitor and good faith combined with good financial standing you should be ok.

[Kris]

when i say good faith I mean being proactive and not waiting to be caught.

[weldsousa]

Originally Posted by Kris

I would seek professional advice as overstaying is frowned upon but with a solicitor and good faith combined with good financial standing you should be ok.

Thanks kris and Nicola for both your replies.
To kris I say I am proactive and yes I had legal advice and that's why I have submitted my in country application so I'm not worried to get caught because I'm waiting for the decision of the Home Office and until that would happen I don't need to worry . I'm just not happy that it is taking them this long (over a year so far) to process it and I'm potentially looking at a lot more time to wait. Thus I am considering going back just to speed things up and get a decision. My solicitor thinks I should stay and just wait to avoid any risk not to be able to come back. My problem is that I can't keep hanging about not being able to work or make any plans with my life. It is so frustrating!!!

[josephine66]

just read your situation, my partner has been over here on a visitor visa and has now applied for a work permit through an employment agency, with the hope that this will guarantee him the right to stay in the UK this is just another way of him being able to stay here. So many Hotels are interested i n offering work especially as a lot of tunisians can speak different languages, I dont know what line of work you are in, but it is just another avenue of thought for you. Good luck and I am sure inchallah it will work out.

[issam]

hi according to my advice ,you should wait here in the uk for your case to be resolved,you need to get a lawyer in case when the time will come up because they gonna try to give you some hard time by refusing your application at first and and putting your relationship under pressure and time pressure for appalling within the 10 days of serving you the enforcement notice,your case will be decided outside the immigration rules,i mean under the dp3/96 which is for the illegal entries anverstayer is considered under illegall entry,normally there is a chance of you getting a settlement of 3 years at first because to qualify for dp3/96 you need to have spent at least 2 years of cohabitation with your partener,if things goes wrong i mean you get a refusal,you got the rights to appeal only once,and you must submit compassionate reason why you want to be here,so you have to play it on article 8 under humain rights,as you know you got no rights here but your girl freind got the rights to fight the case under article 8 of humain rights,so this phase will be with some up and down it depends how smart you gonna fight your case,the whole matter for the home office is to try to destroy the relationship,i'm not an immigration lawyer but i've been in europe for 15 years to know some of the loopwholes.good luck

[weldsousa]

Originally Posted by issam

hi according to my advice ,you should wait here in the uk for your case to be resolved,you need to get a lawyer in case when the time will come up because they gonna try to give you some hard time by refusing your application at first and and putting your relationship under pressure and time pressure for appalling within the 10 days of serving you the enforcement notice,your case will be decided outside the immigration rules,i mean under the dp3/96 which is for the illegal entries anverstayer is considered under illegall entry,normally there is a chance of you getting a settlement of 3 years at first because to qualify for dp3/96 you need to have spent at least 2 years of cohabitation with your partener,if things goes wrong i mean you get a refusal,you got the rights to appeal only once,and you must submit compassionate reason why you want to be here,so you have to play it on article 8 under humain rights,as you know you got no rights here but your girl freind got the rights to fight the case under article 8 of humain rights,so this phase will be with some up and down it depends how smart you gonna fight your case,the whole matter for the home office is to try to destroy the relationship,i'm not an immigration lawyer but i've been in europe for 15 years to know some of the loopwholes.good luck

Dear Issam:
Thank you for your response. I do appreciate your thoughts on the case. I had a clear idea about my application prior to submitting it by my solicitor, so I knew all the process and all the consequences, but I wasn't expecting it to take this long. Thus, I think I have made my mind up and I am going back to apply from Tunisia for an unmarried partner visa. I have got a solicitor now here in case it will have to go for appeal. On the professional side of things he doesn't agree with me. However, on the personal side of it, he thinks I should go. To be honest with you Issam, I feel I've waited long enough here for things to be sorted(nearly 4 years) and I don't intend to wait any longer. I'm getting down and depressed about it. So, I'd rather have a decision sooner rather than later so that I could get on with my life.

Finally Issam , I would very much appreciate it if you could advise me or help on how or what would I need to support my application!! I've done a lot of readings in many of this forums about similar cases and I think each case is considered on its own individual merits and one should not assume otherwise. To cut things short to you I believe I have a strong case but it is still nice to have some more ideas. So I would look forward to hear from you soon.
Many thanks in advance.

[issam]

i would help you if i can,just stay in touch,just to let you know their game is to put you under pressure and they win when you give up,i had some one with a case like yours ,who had waited 5 years an half and got his settlement at the end,the truth they waisted his life for no reason,while an other case that i came accross was a an overstayer submitted his application based on unmarried partener to a gay guy he got his settlement straight through with no problems and had to wait only 1 year for that although broke the rules of employement and other stuff not to even dare to mention!,here things works against the clock,i seen only crooks and conmerchants,are welcomed by the home office,the genuine cases are on the desk till they get rotten,

[weldsousa]

Thanks again Issam for the quick reply. You are making me even more confused now. Would you be able to have a chat? I really would appreciate if you could. Please let me know ASAP. Cheers.

[issam]

i'm sending you my mobile number and one of my offices number in a rivate message