Visa Overstayer With British Born Kids

Hi All,

My friend (Niger Republic) came to this country (UK) in 2004 with a visitor visa and her join her with the same visitor visa later in 2004. They are married in their country of origin in 2001.

They are overstayer and want to apply for ILR for the basis of their kids; they had three kids in the UK (age 6, 3 and 1).

They are planning to make an application to the HO for FLR under article 8, is this possible?

They can't - they are not British, any app is going to be rejected since the kids are young enough to adapt.

Only hope is some sort of discresionary leave but the odds against fantastic and the wait interminable.

The HRA Art 8 guys will be on in a while to give false hope, remember a right to family life is not being denied here, just it will be denied in the UK.

Other than that, 14 years legal stay, or return on student or work visas if qualified.

Additionally there is the issue of using NHS care to which they are not entiltled for the birth of the children. Why do people put themselves in these situations....

Wanderer wrote:They can't - they are not British, any app is going to be rejected since the kids are young enough to adapt.

Only hope is some sort of discresionary leave but the odds against fantastic and the wait interminable.

The HRA Art 8 guys will be on in a while to give false hope, remember a right to family life is not being denied here, just it will be denied in the UK.

Other than that, 14 years legal stay, or return on student or work visas if qualified.

Additionally there is the issue of using NHS care to which they are not entiltled for the birth
of the children. Why do people put themselves in these situations....

Yes no chance on artcile8.

There used to be 7 years policy for kids which has been deleted.

So in my view no chance.

UK_Banned_Member

Hi All,
Any new advice for this case?

jajanana wrote:Hi All,
Any new advice for this case?

No. As you have already been told you have no chance.

UKBAbble wrote:

jajanana wrote:Hi All,
Any new advice for this case?

No. As you have already been told you have no chance.

Agreed, same answer, no grounds.

Although 7 years policy is withdrawn but the cases are still be considered on human rights where this is established that family life is formed. you mentioned age of 6......I would suggest you to see a good lawyer who will guide you. You have to established that your chidlren are fully integrated in this society and this will be disproportante if sent back.

Zaryaab wrote:Although 7 years policy is withdrawn but the cases are still be considered on human rights where this is established that family life is formed. you mentioned age of 6......I would suggest you to see a good lawyer who will guide you. You have to established that your chidlren are fully integrated in this society and this will be disproportante if sent back.

No Human Rights issue here, please do not give the OP false hope...

Can they wait still the first child turn 10years old before applying?

jajanana wrote:Can they wait still the first child turn 10years old before applying?

Bit unfair using the chikd like that. Why don't they do right thing and return home and give their children some normality and stabilty.

Wanderer wrote:

jajanana wrote:Can they wait still the first child turn 10years old before applying?

Bit unfair using the chikd like that. Why don't they do right thing and return home and give their children some normality and stabilty.

Using the child?
These kids are in school since 2006 and they are paying their school fees and everything, they have never depended on the state for anything.
These kids were born here and they want to live here, what is wrong about their parent choice.
UK is one country that has the worst and bad immigration rule, look at the Canada, USA and some other Europe countries things are fine with their immigration system.
I have been reading and contributing on this forum about the EEA2 application, just look at the way they are treating extended family member as if they are criminal. It's high time for the government to overhaul the immigration system for minor who want to stay here.
This country immigration system was messed by the conservative who stop citizenship at birth (1982 rule) and now they are talking about illegal immigrant.
People come to this country to start a new life but the country doesn’t want it and some of them end up in sham marriages. Cousins getting married to cousins because of British passport (very common with the sub-Asian people), is that a real marriage or sham marriage?
Look at the number of female British citizen who are single parent today, the number is far more increasing because the bad guys used them, married them, get one kid, get leave to remain and dump them for their own country ladies, when will this country sit down and sort out their immigration issue?
The system is so poor that some mums never go back to work after having their first kid because the benefit system favours them. Go to the third world countries and see how women run back to work after three months of maternity leave because they have to assist their kids and family.
Go to another country and spend five years them, you will entitle to green card.
Wanderer, we all British, let talk on ok.

Many countries welcome immigrants if they contribute to society and some even have very relaxed laws regarding people seeking asylum but the UK has to have a limit to ensure the people who live here legally have a chance to benefit from their legal stay without being affected by those who have no rights to live in this country.
If a country were to let in all and sundry then its resouces would be overwhelmed by those immigrants who are just looking for a better life.
Why do people not decide to live in Hawaii and we would have 10 million people living there.
The people in question made a deliberate attempt to circumvent the Uk immigration laws and now you are saying they should be rewarded.There is only one child who would be affected and the child is young enough to adapt to living anywhere.
Why would anyone choose to live a life of uncertainty and face an indeterminable wait for legalisation?
It does not make sense to me!

Sorry but you have to be pragmatic in these cases, otherwise the bleeding hearts would let everyone in. Of course I feel sorry for them in this situation, but you have to distance yourself.

These people are illegal, flaunted the laws of the country possibly working illlegally risking huge fines for their employers, and if not our taxes are paying for this. Let's not forget that. Should they be rewarded with ILR?
I think not.

I have got through a lot of posts on the internet and I can say that they have the chance to applying for discretional leave through the secretary of state.
This family don’t intend to stay but after giving birth to their first daughter in the UK, the reason was they lost their first son when she was about to give birth in the UK in 2004. He died of malaria illness and the woman told her husband on the phone that she can’t bring her daughter to Niger because of the incident. If she takes the six years old to Africa, they will circumcise her and she doesn’t want her to be circumcise.
Wanderer, how can you say that? I should distance myself from them. You can say that the parents are illegal but the kids, they are not. The UKBA can’t remove them from the country as far they are not doing some illegal.
I believe that we British are lucky that we are not among third world countries. The husband have been paying their bills from Africa since 2004, she has never work in this country and never on benefit. How many of us can do this to our family abroad?
Think before you contribute to this topic.

jajanana wrote:Please no fighting on this topic, lets act as professionals. People are reading to gain advice ok.



I have got through a lot of posts on the internet and I can say that they have the chance to applying for discretional leave through the secretary of state.
This family don’t intend to stay but after giving birth to their first daughter in the UK, the reason was they lost their first son when she was about to give birth in the UK in 2004. He died of malaria illness and the woman told her husband on the phone that she can’t bring her daughter to Niger because of the incident. If she takes the six years old to Africa, they will circumcise her and she doesn’t want her to be circumcise.
Wanderer, how can you say that? I should distance myself from them. You can say that the parents are illegal but the kids, they are not. The UKBA can’t remove them from the country as far they are not doing some illegal.
I believe that we British are lucky that we are not among third world countries. The husband have been paying their bills from Africa since 2004, she has never work in this country and never on benefit. How many of us can do this to our family abroad?
Think before you contribute to this topic.

I'm saying that here on this board we have to distance oursleves, otherwise every case would granted and the UK would be even more awash than it is now.

The kids are not legal, nor will they ever be until a parent get's ILR or they turn 18.

Good that the husband is paying for them, he must be well off and seems the kids will have a good life there.

The kids are not legal, nor will they ever be until a parent get's ILR or they turn 18.

Where did you get the 18years from? As far as I know and can quote you if you want it 10years.

jajanana wrote:The kids are not legal, nor will they ever be until a parent get's ILR or they turn 18.

Where did you get the 18years from? As far as I know and can quote you if you want it 10years.

Yes children born here can be registered as British after 10 years but it won't help the parents.

Incidently, where the births paid for privately?

Wanderer wrote:

jajanana wrote:The kids are not legal, nor will they ever be until a parent get's ILR or they turn 18.

Where did you get the 18years from? As far as I know and can quote you if you want it 10years.

Yes children born here can be registered as British after 10 years but it won't help the parents.

Incidently, where the births paid for privately?

Yes.

She needs to get advice from an immigration advisor or solicitor. FGM in Niger happens, but it is falling and now is at 2.2% of women. It isn't universal though by any means, and is more common in some areas (all this according to recent reports)

“The prevalence of FGM/C in Niger fell dramatically between 1998 and 2006, according to recent government survey. The practice… occurred in only 2.2 per cent of women in Niger in 2006 compared to 5.8 per cent of women in 1998, the survey by the Nigerian national statistics agency stated. The advance in Niger is ‘remarkable’ according to UNICEF Niger representative… Niger could become the first country in the West African region to completely eradicate the practice, the representative saidâ€

Wanderer wrote:

jajanana wrote:The kids are not legal, nor will they ever be until a parent get's ILR or they turn 18.

Where did you get the 18years from? As far as I know and can quote you if you want it 10years.

Yes children born here can be registered as British after 10 years but it won't help the parents.

Incidently, where the births paid for privately?

Yes.

Morning All,
How more advice, come on all professional.

I think this has been answered.

jajanana wrote:Morning All,
How more advice, come on all professional.

How many ways do you want to be told

A snowballs chance in hell

[quote="PaperPusher"]

“The prevalence of FGM/C in Niger fell dramatically between 1998 and 2006, according to recent government survey. The practice… occurred in only 2.2 per cent of women in Niger in 2006 compared to 5.8 per cent of women in 1998, the survey by the Nigerian national statistics agency stated. The advance in Niger is ‘remarkable’ according to UNICEF Niger representative… Niger could become the first country in the West African region to completely eradicate the practice, the representative saidâ€