Overstayed and Scared

Hi,

I'm not sure where to start. It's a long story:

When I bought my tickets, at a travel agent, they told me I should check if I needed a visa to come here. I checked and it said I didn't. I stupidly thought that because of what it said and because I was from a Commonwealth country that I had more freedom (choice) than others.

I went to the UK. I had a return ticket and no intention of staying this long. I didn't know my rights. However, I did quickly find out that I wasn't allowed to work here - and I have never worked here because of this. I also didn't seek legal advice because I couldn't afford it and people told me I had to be a resident here to receive legal aid. I also didn't have easy access to internet, etc.

I got really ill within the first month of staying here. I lost around 4 stone! Because of my illness I missed my plane ride home. I didn't know what to do because I had no money, no way of getting back. I also had met someone... My family back home didn't want to help me get back.

It seems like every time I seek help I hit a bump and I don't know what to do. It seems like every choice is bad. I have family here. My dad is British but because he wasn't married to my mum I can't apply for that reason. My child was born here but because I wasn't married to their father they are considered to have my nationality.

I went to an MP eventually and they said that they couldn't guarantee that there would be people with guns at my door - that scared me into not seeking more help. Eventually I found out I could seek advice but the advice isn't good. I seem to miss out on every law there is. The 7 year concession was cancelled in 2008, so I can't use that. I never heard of the Amnesty in 2008 - I wish I had! Through out I tried to help myself on the net but it seemed more and more confusing the more I looked at it.

To me, this is my home, this is my child's home. They have never set foot in the country I'm from. All they know is this place and the people here. I have kept unintentionally running into trouble that has prevented me from being able to fully deal with this problem. My child has been diagnosed with several medical problems. I've had to deal with a lot of other serious problems.

I'd work my butt off at the lowest job possible, just to be here, I'd never expect any handouts if I could work/live here. I'd give everything I got to help. I belong to charities right now and I'm always willing to help other people. I suppose this doesn't matter to anyone though. I just don't know what to do or say anymore. My child is extremely close to many people (family and friends) here.

I really don't know what to do. I wanted to go back to fix things but I heard that when you're leaving you could get a ban. I couldn't handle having a ban of 5 years! It would kill me. I'm really scared. I just want to fix things but it seems like I'm damned if I do, damned if I don't. I'd have never stayed this long if I could help it. I would have done everything properly. I'm not like that.

I'm sorry for the lengthy post and perhaps I've said too much. I'm not sure if I've forgotten anything.

your best choice is to go home and apply for a visa there.
If you leave voluntarily you will receive a maximimum of 1 year ban and depending on what via you apply for there may be no ban at all.
If you are caught you will get a 10 year ban
Staying here is not a good life always in fear of being caught

Would I definitely get only a 1 year ban? I heard that I could get 5. It's really confusing because I remember reading on here that some people can get 5 or 10.

Unfortunately, even though my Dad's British and my child was born here, it doesn't look like I have much to apply for. I could get a working visa but I would need to have an employer interested. Would that carry a ban?

Scared&Confused wrote:Would I definitely get only a 1 year ban? I heard that I could get 5. It's really confusing because I remember reading on here that if you got denied a visa before October 2000 (I think it was), that you could have a deportation request on you.

Unfortunately, even though my Dad's British and my son was born here, it doesn't look like I have much to apply for. I could get a working visa but I would need to have an employer interested. Would that carry a ban?

Yes if you leave voluntairly (pay for your own flight) it will be 1 year.

You said you met somebody, if you love eachother you can get married and apply for a spousal visa. If you choose this route, get married in your home country as you can get arressted on your wedding day if you choose to do it here. Also I'm pretty sure that if you apply for a spousal visa, they can't refuse your application just because of the overstay.

boulevardofbrokendreams wrote:

Scared&Confused wrote:Would I definitely get only a 1 year ban? I heard that I could get 5. It's really confusing because I remember reading on here that if you got denied a visa before October 2000 (I think it was), that you could have a deportation request on you.

Unfortunately, even though my Dad's British and my son was born here, it doesn't look like I have much to apply for. I could get a working visa but I would need to have an employer interested. Would that carry a ban?

Yes if you leave voluntairly (pay for your own flight) it will be 1 year.

You said you met somebody, if you love eachother you can get married and apply for a spousal visa. If you choose this route, get married in your home country as you can get arressted on your wedding day if you choose to do it here. Also I'm pretty sure that if you apply for a spousal visa, they can't refuse your application just because of the overstay.

The potential of being rejected depends on whether deception has been used previously.

Apologies for ignorance, I blame it on me not being well , but what do you mean by using deception in the past exactly? I don't think I have but I want to be sure.

Oops, forgot to mention that we do want to get married but it, again, seems so confusing. I never wanted to be married before but we are in deeply in love - to be apart would be difficult, especially if it was for 5 years. I was once told that I wouldn't be allowed to marry in a registrar office but that I could in a church of England.

If you have not committed any crime in the UK and you marry , the fact that you have overstayed will not count against you if you apply for a spousal visa.
It is still better to marry in the country of your birth and apply for the spousal visa.
The issue of the visa should not be problematic

deception would be things like lying to gain entry or using false documents etc...

If you were a genuine visitor then over stayed, your spousal visa will most likely be granted if you apply from your country provided you meet the maintenance and accommodation requirements as well as proving your relationship is genuine.

If I were you, I would not risk it with the certificate of approval. You can get married in a third country if you don't want to marry in your own.

Marrying in the UK could be problematic as UK Border Officers have been known to turn up at weddings and take away people and deport them.
Overstaying means you have to remain hidden from the authorities and applying to marry here means you would have to get permission from authorities, its too dangerous for you

I've not committed any crime in the UK, haven't even worked, which made things tougher, but taught me a lot. Nor have I used any deception. I came in as a visitor and due to a lot of bad luck...

This is what happens when I normally look for help: I get my hopes up, then I find out some information that causes me to worry, then I feel down again. The problem is that my boyfriend, at this point in time, lives with his parents and doesn't work. He doesn't receive any kind of Benefits but that still isn't good enough is it?

When I told my boyfriend that I could be banned for 5-10 years he was distraught - he didn't know what to do or how he would cope if I was gone for that long. I've had chances in the past to marry but I never did because:

1) Didn't want to marry for any other reason apart from love.
2) Couldn't see me as the marrying type.

But after meeting him... Never met anyone like him and I know I might sound daft to other people but I mean every word of it. I don't know what I'd do if I was gone for 5-10 years. I know it's my fault but I didn't know any better - was a teenager when I came here - still that's not a good enough excuse, I suppose.

If I got banned for that long would there be any way to appeal or have it shortened?

I really appreciate everyones' replies and help. Thank you so much.

Scared&Confused wrote:I've not committed any crime in the UK,

You're committing a crime at the moment by being here illegally.

Scared&Confused wrote:If I got banned for that long would there be any way to appeal or have it shortened?

The 10 year ban has been given out to people who have been caught overstaying and deported. If you pay for your own flight out then the maximum ban you'd get is 1 year, IF caught at the airport leaving. I suggest you get a flight out and sort yourself out and risk the 1 year ban instead of a 10 year ban if caught and deported by police etc.

Thanks for the help meats,

I realise I have committed a crime by overstaying, but I was answering another poster's question: asking if I had committed any other crime.

Is that a definite rule about bans? The other problem is finding the money to go back too. I might have to borrow from a few people and find the cheapest way back. I don't want a 10 year ban.

I really do feel for you. I can't imagine what it would be like to live as an overstayer. None of us are trying to judge you so you don't need excuses. A new judgement has passed that allows for third party support. If his parents have enough income to support you both, you can still apply for the spousal visa.

Thanks boulevardofbrokendreams, for all your help and support.

It has been really really tough but then I wouldn't have had my child or met my boyfriend. I do wish it could have been in better circumstances though.

It's so tricky and even though I have so many British ties it doesn't seem to matter. I'm really worried about leaving. I'm scared of being banned for 5 years - really don't know what I'd do if that happened. Plus, I have no money, it's going to take ages to build up the cash to be able to buy a ticket. A lot of my time is taken towards every day things as well. It's difficult to juggle everything. I'm not sure what I can do - even the spousal visa seems tricky. I'm not sure if we could get married in my country because my boyfriend has never been out of the country - it's really daunting for him - he hasn't even travelled around the UK.

Third party support sounds promising but can that be someone other than his parents, such as a sibling, or friends, they are much better off I think, as his parents are heading towards retirement, not right away, but still...?

Apologies for all the questions, and I promise to help others when I get through this all, and help people who really want to come to my country as well - with good intentions of course! :)

Scared&Confused wrote:Thanks boulevardofbrokendreams, for all your help and support.

It has been really really tough but then I wouldn't have had my son or met my boyfriend. I do wish it could have been in better circumstances though.

It's so tricky and even though I have so many British ties it doesn't seem to matter. I'm really worried about leaving. I'm scared of being banned for 5 years - really don't know what I'd do if that happened. Plus, I have no money, it's going to take ages to build up the cash to be able to buy a ticket. A lot of my time is taken towards every day things as well. It's difficult to juggle everything. I'm not sure what I can do - even the spousal visa seems tricky. I'm not sure if we could get married in my country because my boyfriend has never been out of the country - it's really daunting for him - he hasn't even travelled around the UK.

Third party support sounds promising but can that be someone other than his parents, such as a sibling, or friends, they are much better off I think, as his parents are heading towards retirement, not right away, but still...?

Apologies for all the questions, and I promise to help others when I get through this all, and help people who really want to come to my country as well - with good intentions of course! :)

I don't know where you're getting the 5 years from. You will NOT be banned for five years. It's one year maximum if you leave and pay for your own ticket. I would just use a credit card and slowly pay back the money.

How long have you been living together? Does your boyfriend have any oher citizenship? Preferably another eu country?

For third party support I believe you an use other relatives such as siblings yes. I'm not so sure about friends though. They have to reside in the uk.

There's always the EEA route - marry, relocate to EEA state, exercise a treaty right and return after six months under Surinder Singh ruling - should be no ban under EEA law.

Big step, and to be honest from what u've said ur bf doesn't seem to be the most dynamic but we don't know him as well as u!

Anyway, search for 'Surinder Singh' on this site.

Wanderer wrote:There's always the EEA route - marry, relocate to EEA state, exercise a treaty right and return after six months under Surinder Singh ruling - should be no ban under EEA law.

Big step, and to be honest from what u've said ur bf doesn't seem to be the most dynamic but we don't know him as well as u!

Anyway, search for 'Surinder Singh' on this site.

Her boyfriend's not even willing to go to her country for like a week to get married. I don't know if he'd be up for 6 months in another country. Granted they could go to Ireland where there won't be a language barrier if that's what he's afraid of.

Apologies for banging on about the 5 year ban! It just scared the hell out of me. I'm scared of it happening while I'm trying to get things in order to go. Plus, it's going to take ages to get the money. I didn't know I could get a credit card here?

I don't live with my boyfriend right now and he does not have any other Citizenship, unfortunately.

EEA? Forgive me do you mean a country that belongs to the European Union? Would it be quite easy for someone like me to live there? It was easier here because I had family (Dad, etc.). I'm not sure how to go about it. Could we get married there?

I'll look into the 'Surinder Singh' on this site.

Thanks again to you both.

P.S. My boyfriend is dynamic, just not with things like this :):P, it's overwhelming for him. It scares me too but I have to do something.

Scared&Confused wrote:Apologies for banging on about the 5 year ban! It just scared the hell out of me. I'm scared of it happening while I'm trying to get things in order to go. Plus, it's going to take ages to get the money. I didn't know I could get a credit card here?

I don't live with my boyfriend right now and he does not have any other Citizenship, unfortunately.

EEA? Forgive me do you mean a country that belongs to the European Union? Would it be quite easy for someone like me to live there? It was easier here because I had family (Dad, etc.). I'm not sure how to go about it. Could we get married there?

I'll look into the 'Surinder Singh' on this site.

Thanks again to you both.

It's probably better if your boyfriend can get a credit card that you can use.

Well it would be quite easy in terms of immigration(moving to another eu country). I'm not sure how it works with boyfriends but I was told that if you're married you can just go to the other eu country and present your marriage certificate at the border and they have to let you in. Yes you can get married there. Maybe someone can chime in and tell you how to go about the whole boyfriend thing (ie no marriage certificate to show).

Thanks Everyone (mochyn, boulevardofbrokendreams, meats and Wanderer), I really appreciate your help. I've not been feeling well, lots of things to sort out, and I'm starting to feel like I shouldn't bother at all. I just really don't know what to do, especially when I haven't any money.

It'd be great if someone could help with the rules of going to EU with boyfriend? But, I have a feeling it's not so good.

Apologies for sounding down, just one of those days.

Thanks again.

Talk to a good lawyer. If they don't know about Surinder Singh then they aren't hot on this area of law. Find another one.

You've not given us any time scales. But I thought I'd mention that there is also the 14 year rule. If you've been here for 14 years - legally or illegally - you can get stay. That is subject to some rules. So don't scr*w up again. Learn what those rules are or you could blow your final chance.

For one, don't get into any problems with the law. Not even a speeding ticket. Then don't apply for stay under any other category or the clock for the 14 year count will be reset to zero. Third, read the small print on this rule, the numerous examples on this site and take the advice of a good lawyer.

Then get an illegal job. Get an illegal job. Get an illegal job. And go underground till your 14 year period is completed. I'm sure some won't like my advice but the UKBA don't give you any bonus points for not working illegally or for doing charity or for having a British father. Focus on what matters for stay via your chosen route. And ignore everything else.

bototo wrote:You've not given us any time scales. But I thought I'd mention that there is also the 14 year rule. If you've been here for 14 years - legally or illegally - you can get stay. That is subject to some rules. So don't scr*w up again. Learn what those rules are or you could blow your final chance.

You failed to mention that this '14 year rule' may become obsolete with the introduction of new immigration rules in the coming year or two.

Then get an illegal job. Get an illegal job. Get an illegal job. And go underground till your 14 year period is completed. I'm sure some won't like my advice but the UKBA don't give you any bonus points for not working illegally or for doing charity or for having a British father. Focus on what matters for stay via your chosen route. And ignore everything else.

Do be careful the sort of irresponsible advice you dish out to "vulnerable" people.

Getting an illegal job puts the OP in many precarious positions - employer exploitation, meagre earnings, poor working conditions, real risk of being caught up (and caught!) in a UKBA raid etc. The OP has a child depending on her; and living below ground for 14 years while clinging on to a whisper of hope that one day her status MAY be legalized is what nightmares are made of!

However, I do agree that the OP should seek legal advice and consult with her b/f on the various viable options.

See also Long Residence Qualification "URGENT HELP NEEDED"
Seven year children policy withdrawn

Thanks guys for the advice I really appreciate it a lot. It can be really confusing and difficult.

Thanks for the links. I'm not sure I qualify for Long Residence yet but it's good to have that link. Plus, the second link is really great, good to keep having a look at. I seem to miss all the immigration news - like when they had Amnesty and when they got rid of 7 Year Concession - I would have been able to act better if I had known. I'll be reading that website often.

I'm going to seek legal help. Can anyone tell me the difference between an Immigration Solicitor and an Immigration Advisor? I'm not sure which one to go for.

Also, does anyone know of anyone that is really good? I don't want to go through all this information again, only to find that they have to look through books to find out what I can do, or they're really negative, etc... I need good support because I'm scared as it is. I don't want to back out of this. I think the best way is to go home and apply there.

Scared&Confused wrote:Also, does anyone know of anyone that is really good?

Consider my knowledgeable friend.