7 Year old boy born in UK

[Genuinealb]

Hi all,
A long post but any help woul be really appreciated.

The legal part of the story.

I came to UK from Albania on March 2007 on a student visa. In June 2007 I found a part time job as an engineer. They offered me a full time position and they helped me with the application for a work permit.
In October 2007 I went back to Albania to apply for a work permit visa which was granted on 1st of November 2007 for 36 months.
In October- November 2010 when I had less than one month left on the visa, i applied for an extension of the visa with the same sponsor.
In February 2011, Home Office refused my visa on the ground of not meeting the salary criteria. I had no right of appeal and i had to leave the country.
I decided to leave and not become an overstayer.
I left the country at the end of May 2011.

The ''not so legal'' part of the story.

On 1st of September 2011, me and my wife entered the UK illegally via Ireland.
On January 2012, my wife applied for asylum on her own. The case was very weak and we knew it wasn’t going to fall under human rights act but we didn’t want to make up all sorts of fake stories but just wanted to get the ball rolling.
In March 2012, she gave birth to a boy in Croydon hospital. The baby was registered and has a Birth Certificate.
On July 2012, HO refused her asylum application with no right of appeal. They asked her to leave the country immediately.
She moved to London where we have been living since in a rented house.
In August 2015 we had another boy. He too is registered and has birth certificate.
Boys are now 7 years old and 3.5 years old.

I have been working since April 2012 as an engineer, using my original details, national insurance number and bank account. New employer never asked for ID as I showed them my full British driving licence. I cannot tell them that i am illegal.
I have a decent salary (over 55k) and i pay all the taxes and bills.

My question is very simple:
Is there any way for me and my family to become legal in UK?

We had enough with this even though we have everything we need and we are making a good living, this is not right!

Update:

We have applied for my 7 year old son last month under the 7 year rule.
Last week he had an appointment in croydon for the biometrics. I accompanied him there. They took all my details and asked a few questions like whether we live together.

[Frontier Mole]

https://www.freemovement.org.uk/can-chi ... residence/

[Frontier Mole]

I feel it is likely that in the interim while the decision is being made for your child that the Home Office will start making enquires into you and your wife.

This as an outside possibility will lead to action against your employer, if you are in rented accommodation against your landlord too. This will apply pressure to you to leave the UK as the above is designed to stop your income stream and access to housing.

On the face of your candid post I believe you have every chance of success for your application.

Good luck

[seagul]

I have been working since April 2012 as an engineer, using my original details, national insurance number and bank account. New employer never asked for ID as I showed them my full British driving licence. I cannot tell them that i am illegal.
I have a decent salary (over 55k) and i pay all the taxes and bills.

I don't think so that the employer hadn't ever asked you about your immigration status because from long past UKBA/UKVI had introduced the penalties against employers who employ illegals. And if you had hidden/supplied them with false information then you might more likely be trapped into deception which affect all future applications.

[Genuinealb]

Any recommendations for a good solicitor who can take this case on board are more than welcome.

[Genuinealb]

I have been working since April 2012 as an engineer, using my original details, national insurance number and bank account. New employer never asked for ID as I showed them my full British driving licence. I cannot tell them that i am illegal.
I have a decent salary (over 55k) and i pay all the taxes and bills.

I don't think so that the employer hadn't ever asked you about your immigration status because from long past UKBA/UKVI had introduced the penalties against employers who employ illegals. And if you had hidden/supplied them with false information then you might more likely be trapped into deception which affect all future applications.

They have never employed someone from abroad before so they are not familiar with the rules. Obviously asked me for the ID to which i provided the driving licence.
Actually the office manager at the time asked me a couple of times for the passport but she left 2 months after i started and it was soon all forgotten.

[Genuinealb]

I feel it is likely that in the interim while the decision is being made for your child that the Home Office will start making enquires into you and your wife.

This as an outside possibility will lead to action against your employer, if you are in rented accommodation against your landlord too. This will apply pressure to you to leave the UK as the above is designed to stop your income stream and access to housing.

On the face of your candid post I believe you have every chance of success for your application.

Good luck

Hi Frontier Mole,

Thanks for the reply and heads up. I do not think we have many choices and options here so i have to suck it up i guess.
Can you recommend a good solicitor who is brave enough to take this case on board ? Money won't be an issue.

[Casa]

Under the Board Ts&Cs, members aren't permitted to post professional recommendations on the open forum.

[flrfpr]

I feel it is likely that in the interim while the decision is being made for your child that the Home Office will start making enquires into you and your wife.

This as an outside possibility will lead to action against your employer, if you are in rented accommodation against your landlord too. This will apply pressure to you to leave the UK as the above is designed to stop your income stream and access to housing.

On the face of your candid post I believe you have every chance of success for your application.

Good luck

Hi Frontier Mole,

Thanks for the reply and heads up. I do not think we have many choices and options here so i have to suck it up i guess.
Can you recommend a good solicitor who is brave enough to take this case on board ? Money won't be an issue.

I was in similar condition, my 7 year old child case got rejected , than i have to wait for my child to turn 10 after this we filed again and got our visa.
recently if u have not register your child with your home country than he can apply under stateless rule and he will get British nationality and u can file a fresh application.

[Casa]

A claim of Statelessness for the child won't work due to UK Immigration Rules updated in April 2019

Since 6 April 2019, the Immigration Rules states that the applicant must have:

- sought and failed to obtain or re-establish your nationality with the appropriate authorities of the relevant country; and
- in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused.

[Genuinealb]

UPDATE:

My son was granted 2.5 years leave to remain based on 7-year rule.
Next step is for me, my wife and other son to apply. I was thinking to go for the priority service ( a lot of money. over 9k in total). I have been told that it is possible to do it but not sure if this is the best way.
Any suggestions ?

[vinny]

A claim of Statelessness for the child won't work due to UK Immigration Rules updated in April 2019

Since 6 April 2019, the Immigration Rules states that the applicant must have:

- sought and failed to obtain or re-establish your nationality with the appropriate authorities of the relevant country; and
- in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused.

7. Don’t forget the new requirements

This is strikingly different from the position in nationality law, where a child is entitled to register as a British citizen after five years’ residence in the UK on the basis that they are stateless, independently of whether or not they could register to become a national of another country.

[JB007]

Can you recommend a good solicitor who is brave enough to take this case on board ? Money won't be an issue.

Illegally working in the UK was made a criminal offence in July 2016. This allows the government to seize the proceeds of that crime (the wages) as well as the worker facing criminal charges.