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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

What nationality is he really?

Kind regards

Customer: replied 5 years ago.
Expert:  Thomas replied 5 years ago.

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

Customer: replied 5 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 5 years ago.

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. -
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Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 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 5 years ago.

No, the lawyer will not disclose this to the UKBA without the client's authority.

Thanks for your accept.

Kind regards,


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