Indefinite Leave to Remain Based on Compassionate Reason

[thelastman]

My Nationality is Nigerian and I've been living in the UK For almost 13 years ( I am 27 years old now). I'm an Undocumented Immigrant. This was initially because the HO turned down my application then to join my mother. (application and denial reason unknown) She needed me to come help her take care of my Autistic brother.
I have studied up to MSc level in the UK and have been unable to work since the tightening of Employment Law.
I have my Mum and siblings all living in the UK and are British citizens. I'm the Unfortunate One that was born abroad. I also have a Girlfriend that i have been going out with for 7 years who is a Resident.
I was trying to apply for legal status and got a lawyer having been advised that there was a Long Term Residency Rule. I Initially thought the 10 year rule applied to me but i was mistaken, but my lawyer said we can still proceed because, In all this years I have served (and still do) as a Carer for my Ill mother who suffers from a few ailments, that i have Medical records to proof.
So he wants us to apply outside the immigration rule on Compassionate grounds as my mother's main CARER.
Since i can find no information about applications made outside the rule apart from the Long Term Concession which is now part of the HO rule, I'm doubtful. I'm thinking maybe I should wait for the fourteen years and apply under that. I'm under pressure to do it now since i am unemployed and have no means. Hence can hardly wait another 14 months.
Or should i go by the spouse rule, my girlfriend is not too keen because we cannot afford flights for two, to and from Lagos. what do you think is my best option.
For the people that are of the opinion; why don't you just go home? Home is a Subjective term. I would be leaving behind my mum, siblings all the friends i made in uni (i have no friends in Nigeria) and not the least my girlfriend. Who is of the opinion that I'm a Loser if i just park up and leave without even trying, and my Mum agrees with her. But it feels like banging my head against the wall, and has been cause for much clinical class anxiety.
I did not even know what Immigration law was when i was 15 why should i suffer for my parent's mistake.
please give unbiased advise, thanks in advance.

[vinny]

See also Long Residence and Carers and New 'blacklist' periods for overstayers.

[thelastman]

Is there anyone known to have succesfully applied under the Long Term Residence Rule. And how long did the processing or application take.

[paulp]

Applications outside the rules can potentially take a very long time. The immigration consultants on this board can give you a rough idea, but I guess it depends on individual circumstances.

[sakura]

The 14 year LRC can take a while. Read ol7max's ordeal: http://www.immigrationboards.com/viewto ... ht=#142242

Bearing in mind that he is actually married to a British citizen with British kids...it can take some time even then. You might need to wait anything from 6 months to 2 years, depending on your situation. If you were married to a BC and/or had British kids, it might make the application more straightforward (i.e. you have strong ties to the UK).

But you still have a year before you can submit your application....

Is your girlfriend British or another EU/EEA national? Have you been living togther, for at least 2 years?

Other than the 14 year LRC, which might take a while, why not try and apply for a work permit or HSMP visa?

[paulp]

Complex cases can run for 3 years or more.

[thelastman]

My Girlfriend is Jamaican at the moment but she has had Full Immigration status for 16 years so she can readily apply and become British national.
We have lived together for 4 years, but this is hard to prove because i do not recieve any correspondence at her addresse.

[sakura]

My Girlfriend is Jamaican at the moment but she has had Full Immigration status for 16 years so she can readily apply and become British national.
We have lived together for 4 years, but this is hard to prove because i do not recieve any correspondence at her addresse.

Does that mean she was also an overstayer? I don't know many Jamaicans who have been here for 16 years and don't apply for British citizenship...why has she not naturalised, if she qualifies?

[thelastman]

she definately not an overstayer. She just refuses to get a british passport. call it pride. Her reply is why does she need to be british when she is jamiacan. and she doesn't do holidays really(so cannot appreciate what it is to have a british passport), she is a extreme introvert.

[sakura]

It just makes life a lot simpler, if she is living here, to become British. Plus, I think Jamaica allows dual nationality anyway, so she is gaining a lot more than she loses. Does she have ILR or is she on a visa?

As for you - I think you would have to marry in order for her to help you out. This would also entail going home and applying for entry clearance again - I don't know if her not being British would make things more difficult.

But you are running out of options...

[thelastman]

Its ILR.
Guess i am running out of options. Seriously considering parking up an leaving. Feel like a peasant waiting for scrap at the landlords gate.
Might as well check out whats available across the shores.
Change i guess is sometimes inevitable.

[sakura]

Obviously you have family here and it isn't easy to leave, but you should think of other countries - Canada, USA, Australia or NZ are good options, or alternatively another EU country like Ireland.

If you stay in the country, then the 14 year LRC or marriage and a spouse visa are the two main options you have. Applying for the LRC too early might result in refusal. You can also return and apply for a work visa, but that would be nigh on impossible.

[thelastman]

Thanks to everyone who replied. Think i'll be using the spouse approach most probably.