Help pls!Born in the UK but complicated.citizenship options?

[BeDo]

Hi guys, Im so glad I found this forum because Ive been heavily burdened thinking about this. Basically I was born in the England in 1987, however, about a year later my parents decided to relocate to nigeria. they had both been students here for over 8 years each previously but I dont think they got citizenship but they were legitimate ie on student visa's i think.

Fast forward to 2003, when I was 15, I was brought over here to study for my a-levels thinking I was legitimate (what does a 15 yr old know about immigration?) and Ive been here ever since, Ive not travelled out or anything. turns out I am an overstayer, I got like a six month entry visa when I came in and thats obviously long gone. Now Im in my final year at university, Ironically a law student and I have no clue what to do, I need to apply to law school and get jobs. Ive been working since I was sixteen based on my birth certificate and N.I number, I should have been suspicious when my parents refused to give me my passport at the time.

I am very distraught. I cannot apply for naturalisation even though Ive been here for 5 years, I cant apply through ancestry either. What am I to do? My parents had told me that because I was born here I was fine to stay. I had already gotten admission to an american university at 15 but my mum prefered me to come here as I was here practically every summer even though I lived in another country.

I would like to apply to stay, I have no ties whatsoever back in nigeria,Ive been here since 03, all my friends there are over here studying or in the states, my family lives here too.

Please advise me on my best option. thanks.

[gollywood]

Where are your parents now?

[BeDo]

Where are your parents now?

thank you for your reply. My parents still reside in Nigeria, they come over to the Uk frequently. My parents sold our home when they relocated to nigeria so Ive been living with a family friend since I was 15, she is technically my guardian.

[Twin]

Where are your parents now?

thank you for your reply. My parents still reside in Nigeria, they come over to the Uk frequently. My parents sold our home when they relocated to nigeria so Ive been living with a family friend since I was 15, she is technically my guardian.

The only possible in country application I can think of is the Human Rights one but since you mentioned that your parents are in Nigeria, I think this might be hard. Such application is mostly likely to be refused even on Private Life claim.

If you are a graduate, isn't it possible to get a company that would be willing to employ you to apply for Work Permit?

There isn't any concession in which you can apply under either.

Giving the impending changes to immigration rules, I would suggest you return home to put things right before 1st of October. If you are in a relationship that has been subsisting for longer than 2 years and your partner is British or EU citizen then why not go back home and make an application?

I foresee things getting particularly harder for overstayers after October as the HO can get really miffed that you didn't return home to sort things out when they gave you the chance. You really don't want them to remove you either as that would spoil things for 10 years at least.

[BeDo]

Where are your parents now?

thank you for your reply. My parents still reside in Nigeria, they come over to the Uk frequently. My parents sold our home when they relocated to nigeria so Ive been living with a family friend since I was 15, she is technically my guardian.

The only possible in country application I can think of is the Human Rights one but since you mentioned that your parents are in Nigeria, I think this might be hard. Such application is mostly likely to be refused even on Private Life claim.

Thank you so much for your response. what exactly is this human right avenue and what relation does it have to my parents? I will be 21 in october and right now my ties with my parents are very volatile. We are hardly in contact which is mostly due to my anger and the fact that I was put through this with no choice in the matter while they are free to trave in and out as they please.

what is this private claim avenue too? is my british birth origin and the fact that I have lived here continually without absence irrelevant?

If you are a graduate, isn't it possible to get a company that would be willing to employ you to apply for Work Permit?

I graduate in july. how can i get a work permit on a visa that shows that I overstayed? Its so difficult because Im applying to commercial firms, I mean I can work based on my Ni and birth certificate but im still not legal. most of the firms I want to work for also do compulsory international secondments on the training contract. I wont be able to travel unless i sort this

There isn't any concession in which you can apply under either.

Giving the impending changes to immigration rules, I would suggest you return home to put things right before 1st of October. If you are in a relationship that has been subsisting for longer than 2 years and your partner is British or EU citizen then why not go back home and make an application?

I foresee things getting particularly harder for overstayers after October as the HO can get really miffed that you didn't return home to sort things out when they gave you the chance. You really don't want them to remove you either as that would spoil things for 10 years at least.

thats terrible news. Im terrified also that if I return home, I cannot apply for another 12 months to re-enter the uk and Im trying so hard to be positive but what if I am not allowed to re-enter or worse still work? My law degree would have been futile

[Twin]

Thank you so much for your response. what exactly is this human right avenue and what relation does it have to my parents? I will be 21 in october and right now my ties with my parents are very volatile. We are hardly in contact which is mostly due to my anger and the fact that I was put through this with no choice in the matter while they are free to trave in and out as they please.

what is this private claim avenue too? is my british birth origin and the fact that I have lived here continually without absence irrelevant?

Basically, as an overstayer who isn't able to put in an application under immigration rules, you have an alternative to apply outside the rules and support your application with Human Rights. As you haven't been in the country for long enough...(say 10 years lawfully or 14 years lawful/unlawfully), there is no category to apply under. You however have Human Rights and the European Convention which the UK signed in 1950 seeks to protect your right.

In the ECHR, there is a right called Article 8 which is that everyone has a right to family and private life. You don't have a family life here because you don't live with your parents and you haven't mentioned that you have a child so the only obvious one is the Private Life. That, is also hard but not impossible.

I graduate in july. how can i get a work permit on a visa that shows that I overstayed? Its so difficult because Im applying to commercial firms, I mean I can work based on my Ni and birth certificate but im still not legal. most of the firms I want to work for also do compulsory international secondments on the training contract. I wont be able to travel unless i sort this

You are lucky in that your application should not be refused for overstaying if you meet all other requirements, so I wouldn't worry too much about the overstaying. Perhaps the ECO would forgive you for thinking you were British as you were born here and that might get you off the overstaying hook but you will still have to fulfull other requirements.

Nothing is difficult at the moment except you want it to. If you leave before 1 oct, you will not be penalised, you will not face any ban but if you don't, you will automatically be refused for any future application. If you think things are difficult now, wait until after the 1st Oct when you will find it difficult to return home and not be able to get a job here. I hope you know that employers now face a fine up to £10,000 if they employ illegal immigrants so your NI doesn't mean a thing!

My advise is for you to start planning your return to make an application so that once you finish your degree, you have everything ready and just go for it.

[BeDo]

Thank you soooooo much for your help. I dont really feel better but at least I know that I have an avenue to explore which is the article 8 piece... I hope I will be able to get it under private life. I have NO ties to Nigeria at all, all the people I call family live here sadly.

once again thank you. I am open to views from other members too please. Post your suggestions. God bless