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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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myself and my partner are both illegal immigrant in the Uk

Resolved Question:

myself and my partner are both illegal immigrant in the Uk and i have a 7yr old son and a 3yr old daugther born in the uk, we will like to regularise our status ASAP, can i apply for indefnite leave to remain in the UK or what other means is it possible for us to be legally here in the uk.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Thomas :

Hi,

Thomas :

How long have you and your partner been in the UK?

Customer:

going to 8yrs now

Customer:

thanks for taking time to chat with me

Thomas :

How originally did you gain entry to the UK? Illegally or by visa?

Customer:

I really need a solution to this

Thomas :

Yes. How originally did you gain entry to the UK, illegally or visa?

Customer:

illegally

Thomas :

Ok. What nationality are you?

Customer:

Nigerian

Thomas :

...and your partner?

Customer:

Nigerian

Thomas :

I'm afriad that, as I am sure you suspected but not hoped, it is not good news.

Customer:

ok

Thomas :

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.

Customer:

ok

Customer:

but what do you advise Sir

Thomas :

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.

Thomas :

In order to do this you would also have to have documentary evidence proving the length of your stay.

Customer:

so there is no other option sir

Thomas :

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.

Thomas :

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.

Customer:

uhm

Customer:

so there no other way to presnet our case

Customer:

for now

Thomas :

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.

Thomas :

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.

Customer:

ok

Thomas :

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.

Customer:

ok

Thomas :

If you are deported by the state you would be banned for a period of 10 years.

Customer:

ok

Thomas :

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.

Customer:

ok

Customer:

but i cant go now because my of kids

Customer:

and i just dont know what to do

Thomas :

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.

Customer:

I spoke to a lawyer who suggested discreationary leave under the human act law

Customer:

but dont really understand

Thomas :

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.

Customer:

so how can i go about that

Thomas :

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.

Customer:

ok

Thomas :

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.

Customer:

so how do that works sir

Customer:

ok

Thomas :

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.

Customer:

so you think it will never work

Thomas :

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)

Thomas :

I'm not saying that it would never work. I am saying there is only a small chance of sucess.

Customer:

but does it worth a try

Customer:

in you on view

Thomas :

It could, but your argument would have to be made very very well and you need a sympathetic judge.

Customer:

ok

Thomas :

I can't say whether you should or shouldn't - that is for you to decide.

Customer:

but if you are me

Thomas :

All I can do is advise you that it you made the application you would be doing so knowing:-

Customer:

will you give it try

Thomas :

1. You will have to pay significant legal fees

Customer:

ok

Thomas :

2. With only a small chance of sucess

Thomas :

3. and the possibility that you will be deported by the UKBA if you are unsucessful in appealing the application.

Thomas :

That, simply put, is the decision you have before you.

Thomas :

Only you can make decision as to whether to submit the application.

Thomas :

I should be grateful if you would kindly click accept. I will continue to answer your follow up questions.

Thomas :

Kind regards,

Thomas :


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you

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