UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

myself and my partner are both illegal immigrant in the Uk

Customer Question
and i have a 7yr...
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: 6 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 10 minutes by:
5/18/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
7,631 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

7,631 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
My friends downsyndrome sister recives disability living
Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support as she herself … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
I've been asked to go to an interveiw under caution for
Hi I've been asked to go to an interveiw under caution for suspected benefit fraud. What it was is I applied for housing benefit that I am entitled to as single mum and working tax. But what I didn't … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
My mother died intestate last July, she lived with my sister
My mother died intestate last July, she lived with my sister who I'd fallen out with some time ago, my brother contacted me on Boxing day and told me my mother had informed my sister that I wasn't to … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
My friends downsyndrome sister recives disability living
Second opinion] Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Family mater get in ex girlfriend out of my property. What I
Family mater get in ex girlfriend out of my property … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
My ex wife is wanting to take our 4 year old daughter on
Hi, my ex wife is wanting to take our 4 year old daughter on holiday, that in it's self I have no issues with. I have asked my ex wife for a child travel consent form outlining details of the holiday … read more
ivorylounge
ivorylounge
38 satisfied customers
I ordered 5 items online, and paid for them. there then
I ordered 5 items online, and paid for them. there then followed a series of emails from the seller, sayting that the item was being 'tested', and that one of the colours I asked for was not available… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Please can you advice me what will likely happen with the
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumenta… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
We have a survey to establish employee satisfaction and our
Hi thereWe have a survey to establish employee satisfaction and our department came last.My manager has just told me that I am being made to improve the score in the next two to three months and if I … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have not been paid for some consultancy work i did for an
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agenc… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,666 satisfied customers
I hope so. UK. Letters written, complaint filed with
Letters written, complaint filed with solicitor concerned.... Ideal outcome would be to compromise/mediation... … read more
ivorylounge
ivorylounge
38 satisfied customers
I, and one of my executors have changed our address since I
i, and one of my executors have changed our address since I made my Will. Do I need to modify myh Will or will a codicil do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
If I have a complaint about my solicitors bill and after
If I have a complaint about my solicitors bill and after exhausting their complaints procedure and my complaint is then bing investigated by the legal ombudsman, does the interest on the bill freeze u… read more
Jamie-Law
Jamie-Law
5,342 satisfied customers
I want to know if my employer can tell me not to come in
i want to know if my employer can tell me not to come in anymore … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I recently moved my mother to live with me in May last year
I recently moved my mother to live with me in May last year as she has mixed dementia and has increasingly needed more support. I sold my home to purchase a larger house with an annexe to house my mot… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,203 satisfied customers
I am trying to find out if copywrite exists on car adverts
Hello I am trying to find out if copywrite exists on car adverts from th 20's to the 50's. The car company was wound up. not absorbed in the mid 1960's … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,702 satisfied customers
I have an executor for my late mother's will, however, he
I have an executor for my late mother's will, however, he refuses to do his job. What can I do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Is a pretrial services officer allowed to bring up and pass
Is a pretrial services officer allowed to bring up and pass along negative media that is not related to case (non-court or government publications) to work references while doing employment verificati… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x