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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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hi i understand the law has change in united kingdom. what

Resolved Question:

hi i understand the law has change in united kingdom. what are the chances of two couple who are both illegally here for 11 years they have 2 children .one is nearly three and the other is 9 months. they were from different countries. what could happen if they get caught by an immigration officer?
Submitted: 8 months ago.
Category: UK Law
Expert:  UK_Lawyer replied 8 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

The chances of them remaining in the uk are still very low. The issues since the law change is that the home office will not accept an application from an applicant who has overstayed by more then 28 days in the uk. In addition they have now started to fine applicant's who have overstayed in the uk.

It may have assisted their case if their children were at school and removing them from the uk would have an adverse affect on the education of the children. In this case the home office would have allowed them leave to remain in the uk so the children's education was not disrupted. In addition if a child was born in the uk and has lived in the UK for a continuous period of 7 years the child would have been able to submit an application for indefinite leave to remain which the child would get. In addition if a child is born in the uk and lives here for a continuous period of 10 years the child is eligible for British citizenship.

In this case the best the applicant's can do is ask the home office for discretionary leave to remain on the basis that they have lived in the UK for 11 years and returning them to their home country would break up the family and have an adverse affect on the children. The applicants would also need to show how they have integrated into british society and how they have built up friendships and become part of particular community groups or churches which if returned they would no longer be able to be apart of and affiliate with. This is called private life under the human rights act.

They would need to also mentioned how their children would be effected if they were returned to their home countries. They would need to provide evidence from family, friends work colleagues in the uk stating how they would be effected if the couple were to leave the uk and give evidence in letters of how they have been apart of the community and a benefit. They would also need to provide evidence from their home countries and show how unfavourable it is for work etc and how they would have to start from scratch if they were returned home.

This is the type of application they would need to submit.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Customer: replied 8 months ago.

hi how much fine i wonder if got caught? do you think they can separate the couple one is from another country and the other is from another country what will happen to the very young children? please may i know how much chance would there be if they will apply for discretionary leave to remain on the basis that they have lived in the UK for 11 years. many thanks

Expert:  UK_Lawyer replied 8 months ago.
Thank you for your reply.

The fine is around 1500 to 2000 pounds, therefore if they wish to remain in the uk I would suggest they submit an application.

The complexity of the case ie that both applicants are from different countries, may act as a positive for the applicant's if they can highlight how it would effect the children and the couple themselves. It is this point that may work in their favour.

Chances are less than 50 % but it all depends on how you present the case and the reasons you state in the application for the couple overstaying and the factors that have prevented them from returning home.

I hope this clarifies the matter .

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 1943
Experience: I am a qualified solicitor and an expert in UK law.
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