Living in UK 7 years , dont know what my status is

Came in UK 14 September 2003 on visit visa
Got job offer from a restaurant, applied work permit through them in December 2003. My solicitor said he is applying HSMP for me and the receipts I have got show that he should apply HSMP for me but he did apply work permit.

Got first refusal letter from Home Office, solicitor he sent for reconsideration
After that he said when home office will tell him he will tell me.
He then said he will send my passport to my home country and apply visit visa again for me , once I get it I can go back and travel to UK again.
And he will apply fresh case of HSMP now. I agreed, he some how sent it to my country applied my visa, but then letter came to my home to collect it but I was here in UK.
Since 2004 my passport is with UK embassy in my country which is expired now.

After few months I came to know my solicitor is a fraud, he had all my files and papers.
I then tried to contact him but he shifted his office where I don’t know.
Without knowing if my work permit was granted or no I worked for the same restaurant.

Got arrested in June 2008 over a fight you can say. Police checked my immigration status and said they are arresting me because of staying here illegally, few hours later immigration officer came and interviewed me, also showed me copies of my passport with refusal the one was applied in my country. I told them the place I work for and work permit has also been applied, told them who my solicitor was, and I was released within 24 hours, saying I was clear. Till today I don’t know what my status is.
Went to another solicitor, he said I am illegal here I was lucky enough they released.

Got married to a woman in 2008 who had ILR that time,
now she has got British passport, I have got two girls from her born in 2009 and 2010 they both are off course British.
Wife is on benefits and can’t work because of three kids.

My parents don’t know about this marriage and I think I would not be able to tell them at all for family reasons. Her parents know but they don’t speak to me.
Because she was married to some one else before and has got a boy 9 years old from her previous husband. She was separated from her ex husband long ago because her husband got married to someone else.

Now I don’t know what to do, which type of case to apply,
DL or partners or on the basis of my daughters or legacy if I can being living in here since 2003, can I not blame immigration office why was I released in 2008 if I was illegal?
Can I not blame my solicitor who kept all my papers, promised me applying HSMP but applied work permit and didn’t tell me anything.
Or I should go back to my country and apply but there I will get this problem that my passport is with them, they are going to ask why I didn’t get it back.

I am really stressed out about this because now I have got a family and kids.
Any suggestions please will be appreciated.

You want to blame someone don't you?

When your solicitor said he was sending your passport back to your home country to apply for a new visa did you not realise this was totally illegal and fraudulent?

You are illegal.

The Station Agent wrote:You want to blame someone don't you?

When your solicitor said he was sending your passport back to your home country to apply for a new visa did you not realise this was totally illegal and fraudulent?

You are illegal.

No need to make the OP feel any worse than he is.

OP: I would suggest that you return to your home country, arrange a new passport and apply for a spouse visa as spouse of a British citizen. It might take a couple of months, but if you remain in UK and try and go another way around it, it could take years.

Monifé wrote:

The Station Agent wrote:You want to blame someone don't you?

When your solicitor said he was sending your passport back to your home country to apply for a new visa did you not realise this was totally illegal and fraudulent?

You are illegal.

No need to make the OP feel any worse than he is.

OP: I would suggest that you return to your home country, arrange a new passport and apply for a spouse visa as spouse of a British citizen. It might take a couple of months, but if you remain in UK and try and go another way around it, it could take years.

I agree, go home get spousal visa , come back

Wife is on benefits and can’t work because of three kids

I agree you should go home and apply for a spouse visa but sort out the above before you board your plane (The maintenance test).

Another option would be to move to Ireland, and get your wife to work ir study (with health insurance).

Your wife can also exercise treaty rights by being self sufficient, but for this you would need to have decent savings in the bank and regular income coming from somewhere (ie: rental property).

If you satisfy the above, you should have no problem getting residency in Ireland. If it turns out not to be your cup of tea, you and your family could return to Britain under EU rules (using the Surinder Singh principle).