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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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my 3yr old sn is british,am illegal...and have been for the

Customer Question

my 3yr old sn is british,am illegal...and have been for the past 6 years..can i use im to obtain a permanent stay??
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 7 years ago.



Does you son have a British Passport and are you with the mother as partner or husband?


Kind regards,



Customer: replied 7 years ago.

yes my son has a british passport,am with the mother as a partner not as a husband and she also has a british the odd one out.

ive bee working illegally for the past 6 years and i cant seem to find work anymore to support them hence the option to get legit makes everything easier.

but ive been told they can separate me and my child and thats the last thing i want.should i go and declare my status to the ukba and use my son's status??

Expert:  Thomas replied 7 years ago.

Sorry it's taken some time to reply.


You should not just declare you status to the UKBA without a strategy, that's the last thing you should do.

As you have not been illegally in the UK for the requisite 14 years none of the "traditional" applications under the immigration rules are of use to you. They would deport you if you attempted an application in this way.


Instead, you may consider instructing a solicitor to make an application for leave to remain under the Human Rights Act 1998 citing Article 8 RIght to a Family and Private Life. You would certainly need a solicitor to prepare the application for you and it would not be cheap, probably £2000.00 approx. This could secure you stay here, though it is a a bit of a longshot, it's probably your only option besides remaining here illegally.


You can find solicitors in your area by using the following Law Society search engine:-


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards.



Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 7 years ago.

what sort of time frame would i'd be looking at tom??and do you have any idea on whether it can be sucessful or its merely a long shot??

plus with the solicitors,do i have to make an upfront payment??

Expert:  Thomas replied 7 years ago.


Thanks for your kind accept.


It can be successful but it's not easy. You would probably be looking at two months from the date you submit the application. See a local solicitor first. You would probably have to pay some money up front and then the rest once the work is done. You can discuss with the solicitor about structured payment, it's up to the individual solicitor.


Good luck


Kind regards,



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