Unlawful Residence.

Any person who stays in the UK after their time limit stamped in their passport has expired, or who has entered the UK without seeing an Immigration Officer and getting a stamp for entry is living in the UK illegally. This means that, if found by an Immigration Officer or the Police, action can be taken to send that person back to his home country, or the country he arrived from. The term “illegal entrant” can also be applied to a person who has been given a stamp of entry to the UK, but who has obtained that stamp by giving false information in such a way that, had the true intentions been known, entry would have been refused.

Options available are very limited. The choices are, travel out of the UK and make an application at a British Embassy for a proper residence in the UK if the person can qualify under the Immigration Rules, OR, wait until the the total time in UK has lasted for 14 years, and then apply under the “Long Residence Rule”. To make this application with any chance of success, the applicant must show that they have established strong ties with the UK, that they are self-supporting, i.e. not living on public funds, and that there is no strong reason for them to be sent home such as a criminal record. Applicants have to show evidence from their documents to prove that they have lived in the UK for the full 14 years, which means proving the date of arrival as accurately as possible.

Marriage to a person living permanently in the UK does not guarantee that the illegal stay will be overlooked, and if the general factors of financial support and accommodation are good, it is often better to go back to the country of origin and make the proper “marriage visa” application