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overstayer..help

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sasha0071
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Joined: Mon Jun 15, 2009 7:16 pm

overstayer..help

Post by sasha0071 » Mon Jun 15, 2009 7:33 pm

hi everyone

im a 20 year old girl who has been in the uk since the age of 11 when i arrived in the uk i was living with a uncle not knowing that i was here illegally until i was submitting my application for university.Realising that fact i immediately got advice from my lawyer who submitted an application for indefinite leave to remain on the grounds that i spent my formative years in the uk.However my claim was denied and i have been in a state ever since mainly because i have no family to return to and i have a life here.All my friends plus ive been in a long term relationship going to 5years so its really difficult.

any suggestions as to what i can do to get around this?

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Tue Jun 16, 2009 1:50 pm

What is your nationality?
Where are your parents?
Were you given a right of appeal against the ILR refusal?
Could you pay the foreign student fees for your university course? Apart from the immigration problem, are you qualified for university?
When are you 21?
What age and nationality is your partner?

sasha0071
Newly Registered
Posts: 2
Joined: Mon Jun 15, 2009 7:16 pm

Post by sasha0071 » Tue Jun 16, 2009 1:57 pm

I am jamaican and i dont have contact with my parents

I am qualified for university since i have finished my first year last year that was when i received the news of my ilr refusal so i took a year out to try to sort out the situation as i could go back at anytime since i got good grades.

I was given a right to appeal however i did not have the money to go through with it another tribunal etc.

I will be 21 in march next year and my partner is 23 and is from barbados

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Tue Jun 16, 2009 3:15 pm

As you didn't pursue your right of appeal, you haven't much hope of securing any right to remain in your own right. You could try seeking a consultation with the Immigration Advisory Service (google it), who may be able to advise you at little or no cost whether you can take it any further.
Unless your Barbadian partner is settled here, willing to marry you, and support an application after your 21st birthday I can't see what else you can do. But even if you succeeded in getting married here, you would have to leave the UK to seek the appropriate entry clearance.
I don't know if time spent together in an unmarried partership (i.e. living together as if man and wife) for more than 2 years before age 21 qualifies under the unmarried partner provisions. I can't imagine that a 20-year-old can apply as an unmarried partner if she can't qualify as a spouse, but I wonder if the 2-year period only starts from the 21st birthday. Unless someone here knows, you need to get advice about that.

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