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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I am currently 19 years of age and entered this country

Resolved Question:

Hello, I am currently 19 years of age and entered this country with my mother when I was 7, we have overstayed our initial visa and I am currently studying at university on what grounds can I apply for indefinite leave to remain.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi Thanks for your question. To enable me to answer your question could you please respond to the following using the same numbering:-1. Do you plan on working before you have been here for 14 years in total?Kind regards.Tom
Customer: replied 2 years ago.
1.Yes I do plan however not necessary as it is essentiall for me to get a passport to travel etc etc
Expert:  Thomas replied 2 years ago.
Hi, Thanks for your reply. In order for a person who has been in the UK with mix of leave to remain and no leave to remain to apply for ILR they must be able to show that they have been in the UK continuously for a period of 14 years. There are provision relating to children who can register as UK citizen if they have been in the UK for the first ten years of their life but this does not apply here. The only application you can make to regularise your status is a discretionary application. Your argument would be that regardless of the fact that you have been here illegally for a period of time you have acquired a Right to A Private life and should not be subject to the personal/cultural upheaval that would come with being deported. Given that you have been here for that long I would think you have a reasonable chance of being granted Further Leave To Remain upon making the application so that you can stay until you reach the 14 year level. This is application is outside the normal immigration rules and you would need a solicitor to draft it for you. It would cost in the region of £1000-1500 + Vat. If successful this would get you FLR so that you could work and then you could apply for ILR later. There is an outside chance you may (may) be granted ILR upon determination of the application but I should think this unlikely. The alternative is to attempt to stay a further two years illegally and then apply for ILR straightaway. But if they catch you and issue a deportation order then this effectively "stops the clock" of your time here. 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
Customer: replied 2 years ago.
Thanks that's what I was asking in the instance of me making an application individually, my mother has made an application on the grounds of article 8 with relation to the previous 7 year concession which was lifted in 2008. The application is joint with me her and a younger brother who was born in 2003 here. The stepfather is not in the picture. What are your views on this application? An opinion would be much appreciated.
Expert:  Thomas replied 2 years ago.
Hi, If you are part of that application I would see how that is determined first. If you are granted FLR then your problem is solved. If you are not then you should make the application yourself, subject to any other developments resulting from your mother's application. Trust this clarifies, please click accept. Kind regards,Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
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