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Amanji
Amanji, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 108
Experience:  Litigation Partner with live and varied private client immigration caseload.
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illegal immigrant

Resolved Question:

I have made an application to the home office for long residence since 2005. I came here in 1994 illegally but I was underage. Am now 28 in a common law marriage and have a UK born son, so what are my options in regards XXXXX XXXXX application? I don't want to lose my family - i have sisters are well who have been granted British residence and my mother is a British citizen. So please can you advise me.. Thanks
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Amanji replied 4 years ago.

Good morning

 

Need more info.

 

When did you make long residence application?

How old is your son? Is he British? Is your name on his birth certificate?

What evidence does your mother and partner hold of being British?

Any plans to marry mother of your child?

Do you work in UK and pay tax?

What evidence did you submit to prove you have been in UK since 1994?

 

Kind regards

 

Customer/p>
Customer: replied 4 years ago.
Good morning,

I made my long residence application in 2005/2006

My son is 4months old now and his mother is British born and holds a British passport and yes my name is XXXXX XXXXX birth certificate.

My mother and partner both hold a British passport and even some of my family member does like my little sister who is British born as well and my mother naturalize a few years back.

I am not too sure about marrying the mother of my child as i don't know what the future holds but i would like to say yes maybe one day but i don't want the outcome of my status based on weather i marry her or not.

At the moment i am working but i know its illegal, i gone to secondary school, college while i have been here. Even got my NI at 16years old which is legit.

I have submitted all my secondary school reports and even letter from my teachers to prove when i started school as that's what the solicitor asked me to prove.

What else can i do please?

Thanks for the reply

Kind regards.

David
Expert:  Amanji replied 4 years ago.

Thanks for reply.

 

It appears that overall you have been in UK for around 15-16 yrs already. Your submitted your application earlier than the regular 14 yrs required for which UKBA should credit you. The fact that they have taken 4-5 yrs to process is not your fault but it has resulted in you going beyond the 14 yr mark. Delay in processing is not a novelty for UKBA. I had a long residence case which was not decided for 7yrs and we had to chase through MP to get any response.

 

If you have not already done so, you should send UKBA supporting letters from employers, friends and family to confirm that you have indeed been in UK since 1994. Details of your relationship with family in UK and strength thereof.

 

The human rights angle which needs to be highlighted if not already done so. This is where you should send supporting letter from your partner detailing your relationship (when met, any cohabitation, photographs together, how child is being brought up etc) and birth certificate for your child. Common law marriage is not a concept accepted in the UK. However, you are unmarried partners and your relationship should be credited for its longevity thus far.

 

Ideally, you should give a variety of evidence for each year of your residence in UK since 1994 eg school certificates, official letters such as covering letter for national insurance card, utility bills, P60s, P45s, bank and credit card statements, tenancy agreements etc.

 

This is your application and it is up to you to provide the evidence to UKBA. If you can prove that you have strong ties in the UK and you are not a threat to society at large, it will be difficult for UKBA to justify refusal. They may do it any way but you should have a right of appeal before an independent Immigration Judge. On the face of it, your case looks reasonable and your solicitor should be able to advise you further.

 

Good luck.

 

Customer/p>

 

Customer: replied 4 years ago.
I forgot to mention 1 more thing to you, i was arrested and detained by the UKBA in 2004 and i was served IS91 or IS96, liable for deportation and i have been signed on since then. Would that makes any difference in my application?
Expert:  Amanji replied 4 years ago.

Let me get this straight, you were detained on arrest (IS91) and later granted temporary admission (IS96)?

 

Are you sure that you have not been served with IS151A (administrative removal) or ICD1070 (deportation) or any ICD forms?

 

Customer/p>
Customer: replied 4 years ago.
Yes arrested and later gain TA but i have not been served with anything. They are still deciding my case
Expert:  Amanji replied 4 years ago.

Thanks for reply.

 

It appears from your response that deportation forms have not been served. This may or may not mean that your criminal offence was not serious. If you now have a criminal record, this will not help your case.

 

My understanding is that if the temporary admission does not result in valid leave to remain from UKBA, the period since service of IS96 does not count towards your application.

 

The decision naturally lies with UKBA at present. You may well be detained again. You should note that whilst an application is outstanding at UKBA and you have not exhausted your rights of appeal, they should not be able to remove you from the country. I cannot say anything further.

 

However, if you have not provided the evidence of your family life in UK already, please do so immediately to bolster your case.

 

Kind regards

 

Customer/p>

 

Amanji, Immigration Solicitor
Satisfied Customers: 108
Experience: Litigation Partner with live and varied private client immigration caseload.
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