Undocumented Migrants

Legalisation in the UK

In the United Kingdom, there are no rules or legislation in place to allow the automatic legalisation of the undocumented migrants. That said, there are certain cases where individuals who entered the UK illegally, or remained in the UK illegally, may be able to seek permission to remain in the UK permanently, in line with the law.

If you have overstayed, your visa has expired and was not renewed, or you lost an immigration appeal, there are legal ways to assist you. Every single legalisation case is different, for more advice about your specific circumstances, please contact one of our qualified immigration lawyers – we will be glad to assist you.

Legalisation options

Some of the legalisation options available under UK and EU immigration law include:

  • Legacy cases: Asylum seekers whose asylum cases have not been decided within six years of entering the UK, may also be granted leave to permanently remain in the UK.
  • Marriage to a European citizen: Should you marry a EU citizen, you may be able to remain in the UK regardless of your immigration status.
  • Marriage to a British citizen, working within the EU: Should you marry a UK citizen working in the EU, you may be able to remain in the UK regardless of your immigration status.
  • Divorce from an EU citizen: Those married to EU citizens for a minimum of three years, who have worked for a minimum of 12 months, may divorce their European partner while retaining their right to reside in the UK.
  • British-born children: If your children are British, you may be allowed to remain in the UK.
  • Domestic abuse victims: If you have been married to a UK citizen but your relationship has broken down irrevocably due to domestic abuse or violence, you may be granted leave to remain in the UK.
  • Human Rights: You may be able to seek leave to remain in the UK according to certain articles of Human Rights legislation. There are a number of Human Rights articles out there, and the threshold to be granted leave to remain in the UK tends to be fairly high. The knowledge we have of case law, however, means there’s a good chance we’re able to piece together a solid case for you to remain in the UK, where genuine Human Rights contraventions may occur.

There are more legalisation options available to our clients. We deal with every case on its individual merits, the knowledge and experience our immigration lawyers possess allows us to identify and work on building the best case for you, increasing the chances of your immigration status being legalised.

If you know your stay in the UK is not legal at present – for any reason whatsoever – the chances are that you’re likely to be held in detention and deported. As you can see above, there are various options available to our clients, allowing us to look for ways in which to make your stay in the UK legal. In some cases, we may even be able to help you gain UK citizenship.

Contact us

If you need any further advice or assistance regarding the legalisation process that we offer, please contact us by phone +44 (0) 20 7822 8512 or email: enquiries@sterling-law.co.uk