i need help ASAP re discresinary leave

henny penny · Post by **henny penny** » Thu May 14, 2009 11:04 pm

Hi everyone i'm new to this site i am very stressed and desparate for some advice, here goes i've overstayed in England by 8 yrs. I was given 24 hrs in the country on arrival from jamaica. After much persuasion the immigration agreed i could stay for 24 hrs to see my family to which i agreed, they held on to my passport on the promise that i would return the next day. Stupidly i listened to the advise of my relatives who said i should not return becuse the price of the air fare from Jamaica to England was too expensive. With hindsight i now realise it was a BIG mistake. i am now trapped in England and have a perfect 3 and half year old son, his mother received indefinate leave to remain in Jan 09. The problem is she has depression and can't cope, most of the time she cannot look after our son. she is also worried about me being deported from England. If i go i dont know what will happen as she has no support from family or friends. Does anyone know how i can stay in the UK for the sake of my son. What about discresinary Leave?

Sushil-ACCA · Post by **Sushil-ACCA** » Fri May 15, 2009 9:46 am

Only Agood lawyer can help u my friend

All the best

henny penny · Post by **henny penny** » Mon May 18, 2009 7:11 am

henny penny wrote:Hi everyone i'm new to this site i am very stressed and desparate for some advice, here goes i've overstayed in England by 8 yrs. I was given 24 hrs in the country on arrival from jamaica. After much persuasion the immigration agreed i could stay for 24 hrs to see my family to which i agreed, they held on to my passport on the promise that i would return the next day. Stupidly i listened to the advise of my relatives who said i should not return becuse the price of the air fare from Jamaica to England was too expensive. With hindsight i now realise it was a BIG mistake. i am now trapped in England and have a perfect 3 and half year old son, his mother received indefinate leave to remain in Jan 09. The problem is she has depression and can't cope, most of the time she cannot look after our son. she is also worried about me being deported from England. If i go i dont know what will happen as she has no support from family or friends. Does anyone know how i can stay in the UK for the sake of my son. What about discresinary Leave?

Mr Rusty · Post by **Mr Rusty** » Mon May 18, 2009 1:54 pm

Go back to Jamaica. Take your wife and son with you, if she can't manage without you. Apply for an entry clearance as a spouse. Come back legally.

jei2 · Post by **jei2** » Mon May 18, 2009 5:38 pm

Mr Rusty wrote:Go back to Jamaica. Take your wife and son with you, if she can't manage without you. Apply for an entry clearance as a spouse. Come back legally.

Ouch.

Well hennypenny, as cold as it may seem, you've just had two very sensible and concise bits of info/advice given you in the 2 posts above.

Moving now beyond your back cover blurb, you need to analyse your own story and think about: how long were you with your girl - are you still with her? How depressed is she? is she of Jamaican heritage also? Your explanation for overstaying doesn't make sense

. How do the fares from Jamaica to the UK cause a person to overstay? Surely you knew you were going back? (or did you?). If not, you could be technically deemed an illegal immigrant - which can be received less sympathetically than overstaying. How old were you when you came over? Are you actually living with your son? How long for? Do you support him or his mother in any way? How? Does she have any other children? Where? Is she receiving counselling? medication? benefits?etc etc.

By the way you are not trapped in the UK as you say; you can go back at anytime. So get your thinking gnashers round that lot, tone down the drama and see where your situation takes you.. if you can prove that you've been living together with your partner for 2 years, and that you can maintain and support yourselves without claiming benefits it may well lead you back to Jamaica to re-apply for entry clearance to the UK as an unmarried partner.

henny penny · Post by **henny penny** » Mon May 18, 2009 7:09 pm

Im not making a drama I do genuinely feel trapped I knew I should go back as I was told this by the authorities at the airport who held onto my passport. I came when I was 21 and foolishly listened to the advise of my relatives who paid my air fare. My girlfriend came to England when she was 13 but only just received ILR in Jan 09 she receives full benefits for herself and our son. she has not been back to Jamaica since she left, she is now 25. In terms of her depression she is on the waitng list for a Counsellor and has been prescribed anti depressants which don't seem to be working yet. The dr did say it would take some time to kick in. We have been living together for over three years, I support her by looking after our son, there are no other children involved. My girlfriend no longer has any ties with Jamaica because she's been here so long, she doesn't want to go back to Jamaica and wants to raise our son here. I don't feel i'm being dramactic I don't want to leave my son. Yes I know I made a big mistake by overstaying but at the time I was young and impressionable. Thanx for your advise Mr Rusty much appreciated

PaperPusher · Post by **PaperPusher** » Mon May 18, 2009 7:51 pm

You were 21, which is an adult. They would have happily paid for you to go back to Jamaica in any case!

See a solicitor, you have options, but it will be tough.

henny penny · Post by **henny penny** » Mon May 18, 2009 11:17 pm

paper pusher ur missing the point my flight was paid for by my family they where the one's complaining about the amount of money they spent on my ticket only to be given 24hrs in the country. i supppose i felt guilty and went along with what they advised me which was not to go back. i'm a different person now and in a different place mentally, ive grown up. i know it was a HUGE mistake which i would like to put right if i can. thats why i joined this site to see if i could get any advise or ideas about the best way for me to move forward or not . thanks anyway

jes2jes · Post by **jes2jes** » Tue May 19, 2009 11:42 am

henny penny wrote:paper pusher ur missing the point my flight was paid for by my family they where the one's complaining about the amount of money they spent on my ticket only to be given 24hrs in the country. i supppose i felt guilty and went along with what they advised me which was not to go back. i'm a different person now and in a different place mentally, ive grown up. i know it was a HUGE mistake which i would like to put right if i can. thats why i joined this site to see if i could get any advise or ideas about the best way for me to move forward or not . thanks anyway

The Key test is in Jei2's narrative below:

if you can prove that you've been living together with your partner for 2 years, and that you can maintain and support yourselves without claiming benefits it may well lead you back to Jamaica to re-apply for entry clearance to the UK as an unmarried partner.

If you can answer that, then Bob is your uncle!

henny penny · Post by **henny penny** » Tue May 19, 2009 7:18 pm

thanks for ur advise does that mean my son's mother has to come back to jamaica with me and stop claiming benefit when she returns to the uk. I just want to make sure i fully understand what you are saying.

many thanks

paulp · Post by **paulp** » Wed May 20, 2009 6:29 am

henny penny, no, there is no requirement for the mother or child to do anything. As an overstayer, you (only you) face a long wait (up to a few years) if you apply for an unmarried partner visa in the UK.

The fastest course of action is for you (only you) to go back to Jamaica, praying that you're not caught at the airport, and apply for the UPV there. The application will be dealt with in less time than here.

Rozen · Post by **Rozen** » Wed May 20, 2009 7:58 am

paulp wrote:The fastest course of action is for you (only you) to go back to Jamaica, praying that you're not caught at the airport,

The sooner, the better!

jei2 · Post by **jei2** » Wed May 20, 2009 10:54 am

henny penny, it may seem like we're being harsh but in actual fact everyone here has given you some pretty realistic advice. The Home Office will only deal in issues that are supported by objective evidence.

As I see it (from the account you've given so far) your main problem is that your partner is on benefits.

Unless she can get a job to support you, you will face problems meeting the maintenance rule. Your chances of being readmitted to the UK will be poor indeed, unless you can show that you have someone who is willing to offer you a job, thus saving the treasury purse the cost of supporting your partner through social security benefits.

Have a look around the board and see how others have dealt with this issue. And seek professional advice or representation for any application you submit.

henny penny · Post by **henny penny** » Wed May 20, 2009 12:19 pm

thanx everyone things are becoming much clearer now regarding what i have to do. its been hard to swallow when i dont hear what i want to hear. ive had so much people telling me different things one of which is to get married to someone from the Eu because things will get dealt with within 1 year. This is not something that i want to do, i want to stay with the mother of my child and build a foundation for them and myself. i dont want to leave them. somebody on this site advised me to travel back to jamaica alone and pray i dont get caught. the problem is i dont have a passport, it was kept at the airport on the basis that i would return the next day. So i have another question for all that can help or advise me.
How do i get back to jamaica withbout a passport, i do not have any ID only my birth certificate which i know is not ID. Should i hand myself into the nearest police station explaining the situation? once again thanking you all in advance I am very grateful for all the advise i have received so far it's just down to me to take it like a man and deal with it not matter my fears or the consequences.

Mr Rusty · Post by **Mr Rusty** » Mon May 25, 2009 1:35 pm

If you are now thinking of returning to Jamaica (which in the long run is probably your best method of getting permission to live legally in the UK with your partner and child), you have 2 options:-

1 - Your case will be on file at the Immigration Office where you were refused entry, and you will be listed as an absconder. You could contact them and say you wish to go back to Jamaica. They could then "set Removal Directions", i.e. book you a flight, and send you a notice (IS96)instructing you to turn up to check in, they hand you your passport as you get on the plane, and off you go.

2 - Apply to the Jamaican High Commission for a passport, supported by your birth certificate, book a flight and leave. You would probably be interviewed briefly at the airport by Immigration so that they could clear their records.

The snag with No 1 is that your Immigration file has probably been sent to a store somewhere, and would take at least a few days to retrieve. Then, as you came 8 years ago, your passport might have expired. In that case, they would want you to attend an interview to complete an application for a new passport, which could take a few weeks.

The snag with number 2 is, that the Jamaican High Commission could take at least as long processing a direct application from you, during which you're still out there illegally, and you'd have to pay for your own flight.

On balance, as you're not in any hurry to leave you might feel that you're best bringing yourself back into the system and reporting to Immigration. If they have to apply for a passport, they've no reason to detain you in the meantime as you've reported voluntarily.

I wouldn't turn yourself in to a police station. They're bound to lock you up, and police cells aren't much fun.

henny penny · Post by **henny penny** » Mon May 25, 2009 7:12 pm

Thank you Mr Rusty you have been a great help to me i feel more at peace now knowing what options are available to me. Now i just need to choose which of the three options are best for me. once again thank you. The situation may still be bleak but at least i am no longer in the dark about what i have to do. you seem to be very knowledgeble about immigration matters or are you just a bright spark

LOL

henny penny · Post by **henny penny** » Mon May 25, 2009 8:03 pm

Another question yet again to anyone who can help
Does anyone out there think it's better for me to pay for my own ticket back to jamaica?. At the moment im swayed towards paying for my own ticket as i dont want to be seen as taking anymore liberties, i've already overstayed by 8 yrs and dont want to push my luck any further. I also feel that if they (the authoroties) pay for my ticket it will be deemed that i am deported which I dont want as i would like to re aply to return to the uk legally.

Thanking you all in advance

Mr Rusty · Post by **Mr Rusty** » Tue May 26, 2009 10:04 am

I don't think paying for your own flight will make much difference to your case. The fact that you bring yourself to notice and cooperate in your removal should give your case more credibility.
Your legal status is that you are a passenger who was refused entry, and paying for your own flight won't change that. In fact, it won't be the authorities who pay, but the airline which brought you in, as they are legally obliged to pay the cost of your removal. They were almost certainly served with Removal Directions when you were refused entry, and these will be re-activated, as long as the papers are still on file to prove the original service.
I have heard of cases where certain airlines who have been served with Removal Directions put pressure on the passenger to pay for the flight, so you may be asked to cough up anyway. But all UKBA can and will say is that would be between you and the airline.

henny penny · Post by **henny penny** » Tue May 26, 2009 1:52 pm

thanx again Mr rusty

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i need help ASAP re discresinary leave