Help over 18 dependent overstayer !!!

RASTADUDE198 · Post by **RASTADUDE198** » Tue Dec 02, 2008 2:37 pm

hi all

i am in need of some advice regarding my status,here is my story,I came to this country in 2001 as a visitor with my mother from Botswana Southern africa I was 17 yrs old.We were here for about 2 months and i fell in love with this place,we sought legal advice and the lawyer recommended finding a college and applying for student visa,which we did and 2 months later it was granted by HO,My mother had to return to our home country because she too decided to seek employment in the uk and chose to do this from outside the uk,She was a nurse at the time.

I remained here and lived with my aunt(moms sister) she has uk citizenship.My mom found a job as a registered nurse and was granted a work permit in the uk a year later.A year and a half into my course we struggled deeply with the school fees so i dropped out.My parents divorced when i was 2 yrs so i have no close relatives in my home country whom i depend on financially.Its been 7 years to this date that i have been here as an overstayer.I did find employment illegally using a false name and identity on and off for a few years but i decided that it was wrong and risky especially if i was to get cuaght by HO,my life would be in a real mess especially if they were to deport me so i stopped working,its been 3 years now since i worked.I have just been sitting at home doing nothing and its driving me crazy.lol

My mother was granted ILR 2 yrs ago and so my question is do i qualify to be her dependent even though i am 24 yrs now.What are my chances.I have a 4 year old brother who was born in the uk and she claims child benefit and tax credits on his name,will this affect my application?

thank you

UKBAbble · Post by **UKBAbble** » Tue Dec 02, 2008 2:45 pm

I am sorry but I do not see how could possibly qualify as a dependant. Your chances of legalising your stay are very slim.

Wanderer · Post by **Wanderer** » Tue Dec 02, 2008 2:50 pm

UKBAbble wrote:I am sorry but I do not see how could possibly qualify as a dependant. Your chances of legalising your stay are very slim.

Agreed.

RASTADUDE198 · Post by **RASTADUDE198** » Tue Dec 02, 2008 9:25 pm

hi again

Since my mother has ILR,do i not qualify for family settlement visa under over 18 dependent son/aunt/niece/daughter etc who is finacially dependent on her.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

what are my options?

Wanderer · Post by **Wanderer** » Tue Dec 02, 2008 10:38 pm

Using false ID will most likely come back to haunt you in any claim you make.

RASTADUDE198 · Post by **RASTADUDE198** » Wed Dec 03, 2008 12:23 pm

Is it true that overstayers who are family members of ILR holders are exempt from the 10,5,1 year ban?If yes then i should be ok then,my main issue is to convince the HO that i am dependent on her,true?

regards

jei2 · Post by **jei2** » Wed Dec 03, 2008 4:33 pm

RASTADUDE198 wrote:Is it true that overstayers who are family members of ILR holders are exempt from the 10,5,1 year ban?If yes then i should be ok then,my main issue is to convince the HO that i am dependent on her,true?

regards

Once upon a time in a land far far away...

Listen up Goldilocks.. you need to seek some clear-headed advice on your situation.

Overstayers who return home after 1 October 2008 will be subject to the 1/5/10 year ban. It's not applicable to in-country applications but that doesn't equate to an exemption. More the opposite in fact.

Unless you have extenuating factors, you are now considered to be an adult in your own right - not a dependent. And as mentioned above your previous deception is going to weigh against you.

Are you disabled in any way?

Post by **Frontier Mole** » Mon Dec 08, 2008 3:18 am

Pack your bags and get a flight ASAP, at least that way you might see your Mum in the UK at some point in the near future!

When you get caught, yes when not if, you will be removed at public expense and get a ten year ban on returning to the UK.

BTW look out for the post man as he has a nice Xmas letter for you from UKBA about coming to sign on at the local enforcement centre. That should speed up your exit thinking process a littleâ€¦â€¦.

As for being disabled, I do not think being terminally stupid counts!

RASTADUDE198 · Post by **RASTADUDE198** » Mon Dec 08, 2008 2:42 pm

HI

I sought advice from an immigration lawyer and he made it clear that i qualified as an over 18 dependent based on immigration rule 318 and We made an in country application form (SET F),Home Office took the money today Â£750.Fingers crossed and i will keep you informed.
thnx

republique · Post by **republique** » Mon Dec 08, 2008 3:12 pm

RASTADUDE198 wrote:HI

I sought advice from an immigration lawyer and he made it clear that i qualified as an over 18 dependent based on immigration rule 318 and We made an in country application form (SET F),Home Office took the money today Â£750.Fingers crossed and i will keep you informed.
thnx

great, why did you have to open another thread to say so?

jei2 · Post by **jei2** » Mon Dec 08, 2008 5:23 pm

Frontier Mole wrote:

As for being disabled, I do not think being terminally stupid counts!

er...Rastadude198..?

Ah well. Hard ears you won't learn...

Post by **Frontier Mole** » Mon Dec 08, 2008 8:30 pm

Thanks for the money, shame about the refusal though.....

Rule 318 is NOT going to get you through, have a good read of what it states. You might also want to consider that your records on the system cross reference to your other relatives and that shows there are people back home! So either another relative has used deception and they will get kicked out or you will. Either way someone is leaving the UK in a huff. That will make for a cosy discussion point over the Christmas Turkey....

RASTADUDE198 · Post by **RASTADUDE198** » Mon Dec 08, 2008 9:13 pm

Hi frontier mole

I get your point,but like i said,there is no one back home,unless it means tracking down my father,wherever he is,cos he left when i was two years old and the divorce was final when i turned 9,My grandparents are both dead,i have one aunt my moms sister who is a british citizen,so
if the HO office is that cruel then god help us all!!

Post by **Frontier Mole** » Mon Dec 08, 2008 9:28 pm

What about your half siblings and at least a cousin back home?

RASTADUDE198 · Post by **RASTADUDE198** » Mon Dec 08, 2008 9:54 pm

HIYA FMOLE

I have to cousins here british born,my aunts kids,18 and 32 thats about it,There is no half siblings,I think whats gonna piss HO is the overstaying part.My aunt is prepared to be a witness in court to strengthen my case,I see myself hearding to court,9 out 10 people said that i have no case at all,its starting to sink in.

Post by **vinny** » Tue Dec 09, 2008 12:14 am

MB (para 317: in country applications) Bangladesh [2006] UKAIT 00091 wrote:Where applications for leave to remain fall to be decided under paragraph 317 of HC 395, the correct approach is the same as that under previous versions of the Immigration Rules. The appellant needs to show that he would meet the substantive requirements of paragraph 317 if he were still in his own country. It is not sufficient to show that he is able to meet the requirements of the Rules whilst he is in the United Kingdom.

RASTADUDE198 · Post by **RASTADUDE198** » Tue Dec 09, 2008 1:28 am

HI VINNY

Thanx for the link but i dont understand,Is there hope for me?

jei2 · Post by **jei2** » Tue Dec 09, 2008 11:07 am

Rastadude198,

Your lawyer is having a laugh and has just raised your hopes needlessly. If you paid money for representation then you should try and get at least some of it back.

Not only do you not fit the requirements of Para 317, you don't even come under the Immigration Rules. This is because you are an overstayer.

I once had a friend who worked in Macdonalds. Whenever she was feeling overworked or ticked off with her bosses, she'd give customers double their original order plus a couple of Big Macs.

Pray God you meet the equivalent of her in the caseworker who deals with your application. Because barring bribery and/or forgery, that's the only way I can see you getting leave to remain on this application.

I'm guessing you don't want to hear bad news. So maybe other posters here can give you an alternative happy ending.

Vanadil · Post by **Vanadil** » Tue Dec 09, 2008 11:13 am

"I once had a friend who worked in Macdonalds. Whenever she was feeling overworked or ticked off with her bosses, she'd give customers double their original order plus a couple of Big Macs.

Pray God you meet the equivalent of her in the caseworker who deals with your application. Because barring bribery and/or forgery, that's the only way I can see you getting leave to remain on this application."

Lol I love the thought of that.

P.S: Does she still work there? What branch?

Post by **Frontier Mole** » Tue Dec 09, 2008 11:22 am

He would have to find TWO immigration good fairies to get this one through. The caseworkers have to submit their decisions to their senior colleagues for verification now. It is all on the system, draft letter & approval from above are all registered so not much hope there then.

I doubt it was an immigration lawyer that gave the advice! If it was then some one is taking his money for a no hope case and he should contact the Law Society.

As I said - get on the plane and go home before UKBA pull you in and do it for you. At least that way you have some hope of returning to the UK in the future. Please tell me you did not put in the application? If you did you can expect to be reporting to an enforcement office and a nice letter stating you are illegal and subject to removal. If you did put in the application - Get wise and get out before it is too late, you have a hopeless case and the case law and legislation are all against you. All you will be doing is delaying the removal while you appeal, wasting more time and your money.

ciaramc · Post by **ciaramc** » Tue Dec 09, 2008 1:12 pm

Not even his money....probably his mothers he hasn't worked in three years.

As I said - get on the plane and go home before UKBA pull you in and do it for you. At least that way you have some hope of returning to the UK in the future. Please tell me you did not put in the application? If you did you can expect to be reporting to an enforcement office and a nice letter stating you are illegal and subject to removal. If you did put in the application - Get wise and get out before it is too late, you have a hopeless case and the case law and legislation are all against you. All you will be doing is delaying the removal while you appeal, wasting more time and your money

jei2 · Post by **jei2** » Tue Dec 09, 2008 1:15 pm

Vanadil wrote:"I once had a friend who worked in Macdonalds. Whenever she was feeling overworked or ticked off with her bosses, she'd give customers double their original order plus a couple of Big Macs.

Pray God you meet the equivalent of her in the caseworker who deals with your application. Because barring bribery and/or forgery, that's the only way I can see you getting leave to remain on this application."

Lol I love the thought of that.

P.S: Does she still work there? What branch?

That was many years ago when a Big Mac meant getting half a cow. I think it was in the Haymarket. Ah those happy days..!

RASTADUDE198 · Post by **RASTADUDE198** » Tue Dec 09, 2008 1:35 pm

HI ALL

thanx for your input,i will do the right thing and leave its not worth it,just more drama,better a 1 year ban than 10 year.

thank you everyone

will keep you posted

Post by **Frontier Mole** » Tue Dec 09, 2008 11:46 pm

The best way to come back is still using the student visa, which will be under tier 4 of the new system. You do not have to do a degree course look at the short courses so you can afford them and then work for the maximum time allowed to build up funds to do a longer course that can lead to a good chance of employment. Plan for the future so you have a route to employment, look at the shortage occupation list. You do not need a degree to work in the UK, go for a level NVQ3 and above qualification in a shortage occupation and you will have the required points under the new system.

If you have sent your passport with the application get an emergency travel document from your embassy so you can use that to exit rather than take the risk of getting unwanted paperwork from UKBA.

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Help over 18 dependent overstayer !!!