How Can An Illegal Immigrant Become Legal In The UK?

How Can An Illegal Immigrant Become Legal In The UK?

An illegal immigrant can become legal if they apply to stay in the UK as a legal resident based on any of these reasons:

• If it would be difficult for you to return to your home country because of a lack of acceptance or persecution
• You’ve already lived in the UK for over 20 years
• You’re aged between 18-25 and have lived in the UK for half of your life or more
• You have a partner who has the legal right to stay in the UK
• You’ve have children in the UK who are either British citizens, settled, or have lived in the UK for more than seven years
• The last visa you held for residency in the UK was as a partner and you have suffered domestic abuse or violence from them.

If you do have a child living in the UK that is also considered an illegal immigrant, it’s important that any legal status applied for is extended to them. This may need to be processed as a separate application.

Being in any of the categories above does not automatically guarantee that you will be granted legal stay. It is important that you contact an immigration lawyer for advice and assistance. Call us on +44 (0)333 414 9244 today to schedule a consultation with an immigration lawyer.

Benefits And Rights Associated With Legal Residency In The UK

An individual’s immigration status in the UK dictates their rights and benefits while in the country. Being in the UK legally drastically improves access to services that can directly impact lifestyle quality, and so there’s a great deal of benefit behind cementing a legal immigration status.

An immigrant in the UK with the ‘right to reside’ may access both free-at-point-of-entry healthcare through the NHS (National Health Service) and any applicable state benefits, including Universal Credit, access to tax-free childcare, PIP, Jobseeker’s Allowance and Employment and Support Allowance (ESA). Holding the ‘right to reside in the UK’ requires the individual to hold:

• The ‘right of abode’ in the UK as a British or Irish citizen
• Pre-settled status or settled status through the EU (European Union) Settlement Scheme
• Indefinite Leave To Enter (ILE) or Indefinite Leave To Remain (ILR) status
• The right to immigration control exemption.

Such immigration statuses are rarely awarded right away, and so in most cases individuals will need to obtain a valid visa or family permit several years before they are able to apply for these. However, working toward a successful application for a visa or relevant permit can legalise the applicant’s stay and is considered the first step on the path to the right for residency.

If you choose to return to your home country rather than to apply to legalise your status in the UK, you may be entitled to financial help with travel arrangements. IAS can help explore options for you – call us to discuss your individual circumstances on +44 (0)333 305 9375.

It should be noted that the Human Rights Convention is universal, and so everyone is entitled to the protection of these no matter their current immigration legality status.

Consequences Of Staying Illegally In The UK

Anyone who has travelled to live in the UK without formal permission or with expired permission is considered an illegal immigrant and is not legally resident in the country. However, there are safe and legal routes to apply to legalise your status, or to apply for help to return to your home country.

Continuing to live in the UK illegally can result in being charged for NHS treatment, exploited in the workplace, struggling to find housing and even being detained and removed from the country. Of course, this is hugely disruptive and traumatic to those affected and so it’s always recommended that the necessary steps are followed to gain legal status as soon as possible.

Current immigration rules mean that those staying in the UK illegally may be detained and forced to leave the country through deportation. This usually means that the individual will not be permitted to re-enter the country at any point in the future; which can be particularly devastating for those with family members remaining in the UK. To continue to live as an illegal immigrant can also result in being charged for any NHS treatment received, and the individual receiving a criminal record. 

When an immigrant is found to be in the UK illegally, they are considered an asylum seeker in the eyes of the British government. If they are undergoing an application for a visa, permit or other residency, they will not face deportation until such time as a decision on it is received. 

Once an illegal immigrant has been deported, it is near impossible for them to lodge an appeal and return to the UK. As a result, it is always recommended that any application to legalise immigration status is made as soon as possible. At IAS, our team offer legal support for those both residing entirely legally and those for whom a valid visa has expired. Speak to our specialist lawyers today on +44 (0)333 414 9244 for free with no obligation.

Family Members of Illegal Immigrants: Legal Options

In the event that family members of illegal immigrants wish to enter the UK, there are legal options they can explore. Depending on the individual circumstances of the family member, they may be able to apply for a visa or relevant permit. Discuss your situation with an immigration specialist at IAS on +44 (0)333 305 9375.

Where family members are related to someone with a current claim for asylum lodged or are under humanitarian protection protocol, they may be eligible to apply for immediate Indefinite Leave To Remain with assistance from the UK government Home Office.

Where the family members of an illegal immigrant are aged under 18, it’s key to apply for legal residence as early as possible. Obtaining the right to live legally in the UK is a considerably easier (and often quicker) process for children than it is for adults. IAS can help whether your application is split between minors and adults or not. Get in touch on +44 (0)333 305 9375 to learn more.

Refugee Status: What to Do

The International Refugee Convention dictates that anyone who is stateless or would be persecuted if they were to return to their home country are entitled to enter and reside in a safe country legally. According to the Convention, the persecution faced may be due to:

• Race
• Religion
• Nationality
• Political opinion or activities
• Anything that puts an individual at risk because of the social, cultural, political or religious situation in the country.

Asylum seekers must have:

• Sought and failed to secure legal help in their own country
• A citizenship from a non-EU country
• Not travelled through another ‘safe third country’ to get to the UK
• Have a connection to another safe third country where they would be able to claim asylum.

A safe third country is considered a state where the applicant would not be at harm of persecution.

Family members of illegal immigrants looking to claim asylum in the UK can be included as ‘dependents’ on an application. In most cases, they will be granted the same leave to remain in the UK as the main applicant. However, refugee or humanitarian protection status will not be afforded to them unless a separate application is made.

If you believe that you may be categorised as an asylum seeker in the UK, contact IAS to begin your formal application. We’re contactable on +44 (0)333 305 9375.

Visa Overstayers: Exploring Options

Overstaying a visa in the UK is a criminal offence and living illegally in the country as a result of an expired visa is likely to result in deportation and a ban on re-entry.

If your visa has expired and you are now classified as an ‘overstayer’, it’s imperative that action is taken as soon as possible. There are several options for overstayers including:

• Voluntary departure – where the overstayer leaves the UK voluntarily and at their own expense within 30 days of the date their leave expired
• Waiting for re-entry ban to end – where the overstayer has had to leave the UK and is banned from visa applications, they will have their record cleared once the ban period ends and may then re-apply to enter the country legally
• Status regularisation – where the overstayer takes swift action past the visa expiration date and can prove they have established a private life in the UK, have worked there and have paid taxes, they may be able to legalise their immigration status.

IAS’ team of specialist lawyers have vast experience in working with visa overstayers. Get in touch on +44 (0)333 305 9375 to talk through your situation.

Long-Residence Applications: 20-Year Rule

Those who have lived in the UK both legally and illegally for a period of over 20 years may apply for permanent residency under the ’20-Year Rule’. This rule applies where the applicant:

• Is able to prove that they held continuous residency in the UK without gaps for at least 20 years
• Holds no serious or questionable criminal convictions
• Has never been removed or deported from the UK
• Has never left the UK with the intention of not returning.

Under the 20-Year Rule, applicants undergo a standard Indefinite Leave To Remain application process, and may be required to attend an interview. The IAS team are available on +44 (0)333 305 9375 to help advise you on such circumstances.

Professional Help from Immigration Lawyers

No matter your legal status in the UK, we understand that having to relocate can be a hugely disruptive and stressful experience – especially if you’re well settled or have a family here. IAS’ team of expert immigration solicitors understand the complex UK immigration laws and systems and can help you navigate them. 

Let us take the strain out of legalising your immigration status and maximise your chances of success. Call us for free with no obligation on +44 (0)333 414 9244 to discuss.