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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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How should a Russian illegal female immigrant, who came to

Customer Question

How should a Russian illegal female immigrant, who came to Britain on a short visa four years ago, gain a work permit and the right to live here ? Aged 40s and unmarried she is a skilled computer technician and works as a part-time carer/domestic for her elderly and infirm landlady who provides her with a rent-free bed-sit in the home counties. As things stand she is a prisoner of her illegal circumstances and dreads being deported back to southern Russia.
Could she claim amnesty, for instance, for having been a carer for four years ? Or could she gain UK residence rights if her landlady wrote her letter offering employment ?
Regards, XXXXX XXXXX
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Is she in a relationship with anybody and if so please state that person's nationality?

Does she have any children that are based in the united kingdom?

Kind regards

Tom
Customer: replied 1 year ago.

No, She is not in a relationship with anybody A romance some while ago petered out. Nor does she have any children, here of elsewhere.


 

Expert:  Thomas replied 1 year ago.
Hi.

Is there a genuine reason why if returned to russia she would feel it likely that she would be persecuted and would fear for her safety?

Kind regards.

Tom
Customer: replied 1 year ago.

 


Unfortunately that solution (persecution/torture) doesn`t seem to be available. I suppose the persecution prospect could be conjured up, but in this case I happen to know that her landlady is severely averse to controversial publicity. What we need, if possible, is a smooth solution such a letter promising domestic employment or credit for several years of working as a carer.

Expert:  Thomas replied 1 year ago.
Hi.

Lamentable as it is, I'm afraid that there is no smooth solution to her position. It is a great shame but some peoples circumstances can't be helped. She is now classed as an overstayer.

This means that any application she makes will be able to be rejected by the united kingdom border agency. If she were to marry a u k national or foreign national holding indefinite leave to remain or european economic area national then she may be able to make an application on the basis of her marriage if she were to return to her home country. She would still not be able to make an application from within the u k but if she returned to her home country and applied on the basis of marriage then the over stay would not be a reason for the united kingdom border agency to reject the application.

If there is no reason for her to feel that she would be persecuted because of a membership of the social group then she could also not apply for asylum. If she leaves the u.k by paying for her own ticket then the united kingdom border agency would only give her a band of 1 year from applying.

However if the united kingdom border agency find her then they will take action to deport her from the united kingdom by issuing removal directions. The consequence of her being deported in the circumstances would be that she receives a 10 year ban from applying to enter the u k again.

I am sorry that this is not the answer that you wanted but it is best that she is aware of her legal position so that she can reconcile herself with it.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit what so ever for the time I have taken to answer your questions.

Kind regards.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.


Tom -- very many thanks for your advice. Truly appreciated. I hope that my credit card got to you to cover your fee. I`m still feeling that the `amnesty` route -- discussed in saloon bars where I live -- could potentially provide her with salvation. I must track down the history of such rulings. Best regards, gerald.

Expert:  Thomas replied 1 year ago.
Hi Gerald,

Thanks for rating my answer. Good luck. Kind regards

Tom

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