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long residence concession

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eso
Newly Registered
Posts: 18
Joined: Fri Jan 07, 2005 10:31 pm

long residence concession

Post by eso » Fri Jan 07, 2005 11:00 pm

hello
wonder if someone could shed some light .i would like to to apply for ILR under the long residence concession (14 years unlawful)
i have only completed 12.5 years of the total 14 ,furthermore i am not able to prove my "stay "in the united kingdom for the whole 12.5 years (maybe 8 years is all i kept on record)
the only compelling evidence of my 12.5 years is the tourist visa sticker i had on my now long expired passport
i understand from reading various posts on this forum that applying for this concession at this stage requires compassionate grounds
my brother has just been "awarded" ILR after spending 6 months in belmarsh prison under suspicion of entering in a sham marriage (overwhelmingly absurd suspicions) ,i have also been in a relationship akin to marriage with an EEU subject for the last 7 years ( fully documented )
would i stand a chance if i submit my application through a solicitor now or should i wait to complete the 14 years period in order to avoid the very possible threat of incarceration in a criminal institution
any help on this topic is fully appreciated
regards
eso

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 9:25 am
Location: Perth, Australia

Re: long residence concession

Post by Jeff Albright » Sat Jan 08, 2005 2:04 am

eso wrote: i have only completed 12.5 years of the total 14
People get arrested and put in detention even after 13 years of unlawful residence, mate. There are case studies from some detention centres where deteinees were interviewed. There were cases of 8 and 13 years overstayers and failed asylum seekers, including the undocumented people with businesses, houses and families with British citizens, however, I have not heard of anyone who has actually been removed from the country after such a long residence.
eso wrote: ,furthermore i am not able to prove my "stay "in the united kingdom for the whole 12.5 years (maybe 8 years is all i kept on record)
That's worrying, however, if you have an entry stamp in your old passport, it is assumed that if you have been here for 14 years illegally you could not have left the country at all. So this may to your advantage but not sure whether it is sufficient. Also grant of ILR under LRC is NOT automatic. Various factors are taken into account, such as good character and criminal records.
eso wrote: the only compelling evidence of my 12.5 years is the tourist visa sticker i had on my now long expired passport
This may be insufficient. You could have kept your old passport and then applied for a new one, left the country and then re-entered. The best proof would be some kind of bills, for example, or P60s, bank statements (in the form SET(O) should be the list of acceptable evidence)
eso wrote: i have also been in a relationship akin to marriage with an EEU subject for the last 7 years ( fully documented )
That will not help at all. Currently there are no ways of regularising overstayer's status unless you have not overstayed but allegedly have been made the one and have the proof of that.
eso wrote: would i stand a chance if i submit my application through a solicitor now or should i wait to complete the 14 years period in order to avoid the very possible threat of incarceration in a criminal institution
My advice - wait for 1.5 years - it is nothing compared to how long you have lived here already. Just a bit of patience. You don't want to go to jail, do you?

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