I am illegal in the UK since 2013 where i had a visit visa for 6 month. During my last three years I met a Scottish girl and we are now a couple but unmarried. she is working a part time as she had a kids to look after. can you help me? What are the options available to me? Can I legalise my status without leaving the UK? i consulted a solicitor and he said first he has to open a case for me with homeoffice as I am an over-stayer. is that true? Or he can apply without telling the home office about me?
So let's get this clear, you have been in the UK for up to 4 years illegally, and have been in a relationship with a person present and settled in the UK. The first question is are you living with the British national? And do you have kids with her?
Notably, you will not be able to make an unmarried partner application as you have no leave to remain in the country. However you may be able to make an application if you can show that there are extenuating circumstances to allow you remain in the UK. Extenuating circumstance include things like medical issues or you are caring for your British child in the UK (this is not an exhaustive list), etc.
In essence what you are saying is that because I need access to my child as a result of this and this, which I cannot do from outside the UK, I should be granted legal status in the UK.
More so, just mere sending the child money may not suffice as extenuating circumstance, as the home office may come back to say that you can always send your child money from outside the UK.
You need to have some form of stronger reason or particularly on the basis of a relationship with your child, such that if you are asked to leave the UK, you and the child will suffer as a result.
You will need to make an FLR application.
We have seen situations where a partner refuses the other partner from seeing the child, here you may need to get a court order - contact order - to see the child. Importantly, the impact of the contact order is far reaching, as it forms a strong basis upon which you can argue that you have a document proofing that you need to be in contact with your child.