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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3750
Experience:  English Solicitor and UK Immigration Law Expert
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I am an overstayer. I first entered the country in 1999 as

Customer Question

I am an overstayer. I first entered the country in 1999 as a student. I had a gay male relationship for five years on which I had an unmarried partners visa however the relationship broke down in 2001 and my visa expired 2003. I reverted to student visas until 2009 when I applied for residency but was denied it. My nationality is Bruneian which is a muslim country and there is a 10 year prison sentence for sodomy though it is rarely carried out. I've paid a firm Bhogal Partners but they have been very evasive and nothing has happened since they represented me in Sept 2009. I'm concerned because I'm unsure what my rights are if I have any.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You have two options:

1) as you have already been in the UK since 1999, you may wait until next year (2013) when you will have been in the UK for 14 years and will be eligible to apply for indefinite leave to remain in the UK (lawful settlement) on the basis of 14 years long residence. You can apply for settlement yourself using form SET (O). See this internal HOme Office document on this: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary

2 You may lodge a fresh application under human rights or ask your local MP to get in touch with the UKBA to expedite your existing application with them.

As you are only a year away from being in the UK for 14 years, I would suggest that you take option1 above.

Hope this helps. Please click on Accept and I will answer any follow up query that you may have.
UKSolicitorJA, Solicitor
Satisfied Customers: 3750
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
I am also concerned about that 14 year period.Since 1999 I have been on a few different visas and have left the country for holidays although not for long periods of time (probably less than a month). The last time I returned to Brunei was 2002 for about a month. Will this affect the 14 year period at all?
Expert:  UKSolicitorJA replied 2 years ago.
No, it will not affect you.

Short absences are disregarded.

All the best. Please click on Accept as your query has been answered.
Customer: replied 2 years ago.
Just one more question:

There were also some gaps in between waiting for the visas when my previous visa had expired as well. I think this was the basis for not allowing me 10 years lawful residence although I was residing in the country at the time and not overseas. In most instances the gaps were because they required further information. In one of the instances it was when my unmarried partners visa had expired and I was unsure what step to take during which time I was illegally overstaying until they accepted my student visa which took a few months.
Customer: replied 2 years ago.
There were also some gaps in between waiting for the visas when my previous visa had expired as well. I think this was the basis for not allowing me 10 years lawful residence although I was residing in the country at the time and not overseas. In most instances the gaps were because they required further information. In one of the instances it was when my unmarried partners visa had expired and I was unsure what step to take during which time I was illegally overstaying until they accepted my student visa which took a few months.
Expert:  UKSolicitorJA replied 2 years ago.
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Customer: replied 2 years ago.
Great! Thanks very much for your help.
Customer: replied 1 year ago.

I understand the law has now changed and that the 14 year period has been extended to 20 years. In view of the info I've provided will I have to wait an additional 6 years now? Or is there another option?

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