Immigrationboards.com

HI THERE im despeartely seeking you guidance and expetise on my current situation. im a zimbabwean citezen and have been in the uk since 1998. came here on student visa did various courses up until 2004 then overstayed until now. i have never left the country. i have lucky enough to work in the same company for the past 8years, only now they want my documentation to prove my status.i have family members who came before me and settled here and are now uk citizens.im not in a postiaon to go home as there is none there family wise. i suppose my question is that ive been here for 12yrs now both legally and illegally, can one apply for ILR under the 14yr rule even though i have not quite reached 14yrs. what exactly is involved if this is possible. your help will be greatley appreciated

You need to apply for ''Discretionary leave to remain'' .
The company can be fined up to £10,000 if it is found that you are working there illegally

Immigration rules change all the time and sitting and waiting for 14 years will only lead to disspointment. I would suggest you find yourself a lawyer fast and plead your case outside immigration rules, this is where the Immigration uses compationate grounds to decide your case. So you need to have a strng case, staying here 12 years doesn't mean anything when done illegally and the laws are getting tougher each day.
The second option is to go back to Zimbabwe and apply for clearence from there since your family is here and that will hold much water than waiting for the 14 year rule, which by the way is currently under review. For all you know they could come back and say its now 20 years, think about the time you've wasted. Good luck and hope it works out for you.

deejubbs wrote:Immigration rules change all the time and sitting and waiting for 14 years will only lead to disspointment. I would suggest you find yourself a lawyer fast and plead your case outside immigration rules, this is where the Immigration uses compationate grounds to decide your case. So you need to have a strng case, staying here 12 years doesn't mean anything when done illegally and the laws are getting tougher each day.
The second option is to go back to Zimbabwe and apply for clearence from there since your family is here and that will hold much water than waiting for the 14 year rule, which by the way is currently under review. For all you know they could come back and say its now 20 years, think about the time you've wasted. Good luck and hope it works out for you.

hello again sorry to bother you again. i have contacted local solicitors about my case the first one told me that it was not possible to apply for ILR as there wasnt a pprovision for applications that had not reach 14years of long residence in other words if i apply now my application is lilkely to fail that in turn will stop the clock. i just want to point out that i was never refused visa at all in 2004 and no other forms of documentation was sent to me by the home office. i basically over stayed. my concerns are that if i dont do anything like deejubbs said the rules might change. if i go ahead and apply i risk the posiblity of refusal and clock stops.

"i just want to point out that i was never refused visa at all in 2004 and no other forms of documentation was sent to me by the home office"

When your visa expired in 2004, did you apply to the home office for an extension of stay? or when your visa expired in 2004, you didn't apply for an extension of stay at all?

If you've applied and not heard from the home office, then your case is still under consideration, and that doesn't make you illegal as far as I know. Anyone else please correct me if i'm wrong.

no didnt bother to apply for an extension after it expired in 2004. my plans to go back changed due to an unfavourable political climate at that time. i know looking at it now perhaps i should have kept extending my stay.

I would suggest you explore the Discretionary route that has been mentioned by mochyn. If you apply now under the 14yr then you will just be denied and probably served with a deportation order.

Are you married? do you have children?

You are quite rite there I have spoken to some lawyer a while ago nad said it was possible to apply under the discretionary route. Based on aricle 8 I think for a tidy sum. As for the later I'm single don't have kids ....at times like these hey. I had to cut ties with the girl I've been with for two years coz of this ..

ALVIN75 wrote:You are quite rite there I have spoken to some lawyer a while ago nad said it was possible to apply under the discretionary route. Based on aricle 8 I think for a tidy sum. As for the later I'm single don't have kids ....at times like these hey. I had to cut ties with the girl I've been with for two years coz of this ..

Hi Alvin, I'm currently in the same situation like you. Please tell us what happened, did u apply for discretionary? - any good news?