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Hi all,

Hope somebody here can shed some light to my confusion on these.

Me and my spouse had been living in the UK since Apr 2004 under the combination of WHM, Student, PSW where I am the main applicant and my spouse is the dependent.

We seriously hoping to stay here permanently as we bought a flat here 3 years ago and going back home means starting everything all over again. Both of us 30 years old, hold masters degree, in fulltime employment earning 18k p.a. each, unfortunately neither can switch via HSMP or Sponsored Skilled. I realized that because my visa is not permanent, thus the only way to go is ILR 10 years long residency, but that will means further education again (which none of us keen on).

Im thinking to get further advise from my solicitor but wondered if it worth the effort and money. I even think about getting my local MP to contact UKBA when I put my application in.

Please advise.

my local MP was useless, he couldnt do anything, just wrote a letter to the HO and they told him the same wot they told me...WAIT WAIT and WAIT
I wish you luck but really try to get your Local MP involved, It might be something good 4 u.
you can find your local MP here: http://findyourmp.parliament.uk/

all the best my friend

If a letter from MP could help people live in UK, who do not qualify according to rules, then UKBA will have to grant settlement to every tom dick and harry.

If you dont qualify according to rules, then MPs letter would go straight to UKBAs dust bin.

ta for the reply all...

i went to a solicitor in rusholme (manchester), and he mentioned that he can represent us to fight on our case on 'human rights' for settlements... im a wee bit concern if he is only keen to make money, any suggestions?

Listen mate, and this is honest advice. If your solicitor can get you ILR just after 5 years in UK, then I am sure every tom dick and harry would be eligible for ILR.
There are some rules and regulation. What will be the human rights ground? That you dont want to go back to your country of your birth?

But people like you would never listen to right advice, you wont be contend until someone takes your money.

Your solicitor just wants his fees, and he is not the only one. There are many like him who will make an application even when they are sure the application will be refused, just for the sake of their fees.

Agreed, no chance of ILR after only 5 years and any solicitor is just after ur money if they think they can argue an Art 8 case in these circs.

any application made via human rights route is bound to fail, and would wipe out any chances of ever returning to UK in future via any route.

ta for your honest comments - mrlookforward! but i must say, there's no need to be harsh here

"What will be the human rights ground? That you dont want to go back to your country of your birth? But people like you would never listen to right advice..." ---> what is that all about? what's your issues anyway?

wanderer - i thought so too about the solicitor, but im not gonna pack my bags and give in without exploring my options and by options i meant surely any other as opposed to this one.

just a thought - no wonder most people choose to get married to stay here, but at least im not one of them, duh!

I might have been harsh, but I did tell you the truth.
Better to know the bitter truth than a sweet misleading lie.
I wont name names here, but I know a solicitor who charged people 3000 or more to make human rights application. Many were in situation like you and many were overstayers and illegal entrants. He robbed about 200 people, and needless to say no one got a positive outcome.

And this solicitor is not the only one, there are plenty like him out there. Whenever you contact them, they will just tell you what you want to hear, and just try to take you money and dump an application to home office.

There is no harm in exploring your options, but take one honest advice from me. Whenver you see a solicitor, ask him on what grounds he is going to make an application, and then mention it on this forum and get a second opinion from experts on here.

wish you good luck.

lin, I agree with the others that you cannot make an ILR application on the basis that you have outlined. The visas you have been here on do not lead to settlement. Those are the rules.

The 10-year concession (for as long as it lasts) is there for you if you really want to stay in the UK, and if you keep your visa status legal.

Please don't give a solicitor your money to find this out all over again. If you have been told that it is worth making an invalid application followed by an Article 8 appeal, then I think you have been misled.

The advice given here and honest and correct. Also using an Art 8 claim in these circumstance to me is insulting to those with genuine claims, with no choices in their circumstances.

If you have a masters why can't you switch to an HSMP? My advise is follow the rules, never try and cut corners with the HO because it will catchup with you. Go by the book.

I would look into the HSMP or work permit route as they seem to be your best bets.

Unfortunately the visa you were on do not lead to ILR and i do not believe they will bend the rules for you cause then they will have to bend them for everyone in your position

guys, i don't disagree with you at all about the solicitor, that is why i post this thread at first place! if u read my first posting properly, u must have noticed that i am well aware with my current circumstances. as much as i appreciate your honesty, you must NOT assumed that i ONLY want to hear, what i want to hear.

"Both of us 30 years old, hold masters degree, in fulltime employment earning 18k p.a. each, unfortunately neither can switch via HSMP or Sponsored Skilled. I realized that because my visa is not permanent, thus the only way to go is ILR 10 years long residency.."

i post a few thread in Employer Sponsor and PSW, thanks to wanderer - im positive of what i will do next. anyhoo, thanks ever so much for the reply y'all.