How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hello, my friend living in UK for more then 10 years. He got

Customer Question

Hello, my friend living in UK for more then 10 years. He got there not legal, but as I understand with all these years he has been living there, he allowed by now to apply for UK passport just based on the fact him living there for so long. He is on government support, he is provided flat and paid some benefits.
During all these years he have got some records in different department (immigration department, courts, police), where he always said that he is from Italy, but he never could proof it 100% because it's not really true, but that was his way to keep staying in country, so he lied all the time. Originally he is from different country, but he also can not proof that because all documents are lost. Now, he finally decided that it's time to start working on getting real document (passport), and he wants to hire lawyer there, but he is afraid and can't decide should he say all truth and be nervous that attorney can turn him in police or tell attorney just the same story he has been telling all these years to government and ask to help with legalizing? Do attorneys have right to go to police and turn somebody in based on the information potential client provided them?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

What nationality is he really?

Kind regards

Tom
Customer: replied 2 years ago.
Russian
Expert:  Thomas replied 2 years ago.
Hi,

Has he obtained fake documentation (eg. passport) using an incorrect name or with incorrect information?

Is he in a relationship with anyone? If so, do they hold Indefinite Leave to Remain, UK citizenship or citizenship of an EEA member state country.

Kind regards

Tom
Customer: replied 2 years ago.
yes, he has some fake documents, but it's not passport or anything like this. it's something minor.
I don't know for sure. I gues he has girlfriend, who has all rights to be there, but she is immigrant. I would look at this case independantly from relationship, if he would be just by himself.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

Okay, I will answer on the assumption that he is not in a relationship as you have suggested.

A person who entered the UK illegally must remain in the UK for a period of 14 years in order to apply for Indefinite Leave to Remain under the long residency rules. A person who has entered the UK LEGALLY must only remain here for 10 years in order to apply for ILR.

On the facts, he does not qualify to apply under the long residence rules. However, even if he did the UKBA are entitled to refuse any such application on the basis of a deficiency of “good character”. The problems is that if he sorts out his documentation so that it tallies with what his real identity is then his previous obtaining of fake documentation will be viewed by the UKBA as a form of deception. This is taken very seriously by the UKBA and they would likely refuse the application.

It would also cause problems in any other application he would seek to make now. The strongest possible application he could make would be an application for leave to remain (not indefinite leave to remain) on the basis of a relationship with a UK national, foreign national holding ILR or EEA member state national because he could avail himself of Article 8 Rights to a family and private life which are very persuasive. He would still have to explain the false documentation adequately but the Art 8 argument strong to the extent that he could have a chance if he instructed a solicitor to act on his behalf.

I’m very sorry it could not be better news, but where one has entered illegally and used fake documentation you will appreciate that it is a fiendishly difficult position to unpick. -
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
But if he will tell everything to his lawyer for him to see whole picture, should he worry that lawyer could turn him in for what ever reason? I guess it's question about lawyer ethic. But is it garantee that lawyer is not sharing private information?
Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience