Ask an UK Law Question, Get an Answer ASAP!
How long have you and your partner been in the UK?
going to 8yrs now
thanks for taking time to chat with me
How originally did you gain entry to the UK? Illegally or by visa?
I really need a solution to this
Yes. How originally did you gain entry to the UK, illegally or visa?
Ok. What nationality are you?
...and your partner?
I'm afriad that, as I am sure you suspected but not hoped, it is not good news.
The fact that your children are born here does not entitle them automatically to UK citizenship or to any kind of leave to remain status. The rules were changed on citizenship in 1983. Had they been born then they would be UK citizens.
but what do you advise Sir
As it stands you would only qualify for indefinite leave to remain under the long residence rules once you have been here in a mixture of no leave to remain or illegal leave to remain once you have been here for 14 years.
In order to do this you would also have to have documentary evidence proving the length of your stay.
so there is no other option sir
I could never advise you to attempt to stay here a further 6 years because there is speculation that the rules may be changed on this.
Your children would, I believe be eligible to apply for UK citizenship if they are here until the age of ten and have not spent any more than 90 days outside the UK during this time.
so there no other way to presnet our case
If they receive UK citizenship then there is a very small chance that you could make an application outside the traditional ways (eg visa applications) for discretionary leave to remain. You would need a solicitor to draft the application for you because it is a specialist one.
I'm afraid that the above are the only two possibilities for you to obtain leave to remain. The only other way would be by claiming asylum but only 18/100 such applications succceed and Nigerian is not generally a country from which people tend to claim asylum.
I'm sorry to say but the fact is that you have come to the UK illegally, remained here illegally and do not have any other links to the UK other than that assuming that you do not have any British heritage. This makes it very, very hard to claim leave to remain.
If you are deported by the state you would be banned for a period of 10 years.
If you leave voluntarily and pay for it yourself then there is a strong possibility that you would only receive a ban of 1-3 years.
but i cant go now because my of kids
and i just dont know what to do
However, the fact that you have entered the UK illegallly will be taken in to account in any furher application you make if you return to your home country. It will be very hard to make a sucessful application from outside of the UK but again I stress that aiming for claiming ILR under the long residence rules is extremely diffiult.
I spoke to a lawyer who suggested discreationary leave under the human act law
but dont really understand
Well you cannot make an application under the traditional rules because you do not meet the eligibility criteria, so any application you would make would be on a discretionary basis, yes.
so how can i go about that
The application that I believe he would have suggested is on the basis of the argument that despsite your illegal status it would prejudice the children to remove them from the UK because they (particulaly the 7 year old) are so adjusted to UK live that would be contrrty to human rights legislation.
It would be a very difficult applicaiton to make and you would be relying on the sympathies of an immigration appeal tribunal judge because the UKBA would certainly reject it initially.
so how do that works sir
This means that you would have to pay a solicitor and a barrister to argue on your behalf. THe legal fees for this would be at least £2500-3000 for only a small possibilty of success in my view.
so you think it will never work
But if you simply cannot go on and require resolution then this is the only option open to you apart from asylum (which does not sound appropriate here)
I'm not saying that it would never work. I am saying there is only a small chance of sucess.
but does it worth a try
in you on view
It could, but your argument would have to be made very very well and you need a sympathetic judge.
I can't say whether you should or shouldn't - that is for you to decide.
but if you are me
All I can do is advise you that it you made the application you would be doing so knowing:-
will you give it try
1. You will have to pay significant legal fees
2. With only a small chance of sucess
3. and the possibility that you will be deported by the UKBA if you are unsucessful in appealing the application.
That, simply put, is the decision you have before you.
Only you can make decision as to whether to submit the application.
I should be grateful if you would kindly click accept. I will continue to answer your follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).