Iâ€™m desperate for some immigration advice.

nk84 · Post by **nk84** » Mon Jun 30, 2008 4:18 pm

Iâ€™m desperate for some advice.
I come to England on a tourist visa aged 15 years old as both my brother and sister are European citizens (British and French) who now have been settled in UK for over 16 years. Iâ€™m now 23 years old and still living illegally in the country my girl friend is British and I Would love to know which steps I should take to legalise my status. I have a little knowledge About immigration laws.
any advice would be very helpful and much appreciated.
Thank you.

dnicky · Post by **dnicky** » Mon Jun 30, 2008 4:38 pm

I come to England on a tourist visa aged 15 years old as both my brother and sister are European citizens (British and French) who now have been settled in UK for over 16 years.

What is your nationality?

nk84 · Post by **nk84** » Mon Jun 30, 2008 5:27 pm

im moroccan

ci07jjs · Post by **ci07jjs** » Mon Jun 30, 2008 5:29 pm

you might be eligible for ILR based on 14 years long residence rule. have a search on this forum for keywords 'long residence' and you will find plenty of details. In addition you can also find details on this using google search.

nk84 · Post by **nk84** » Mon Jun 30, 2008 5:35 pm

i have been in the uk for nearly 9 years wich mean i still got another 5 years to go befor i can apply for ILR i think

paulp · Post by **paulp** » Mon Jun 30, 2008 6:32 pm

Do you have any degree, can you get a Tier 1 (ex-HSMP) visa or get an employer to apply for a WP for you? Otherwise I think you'll have to get married to your girlfriend.

jei2 · Post by **jei2** » Mon Jun 30, 2008 6:45 pm

A lot could happen in 6 years. Like being picked up and removed and then subjected to a 10 year exclusion.

Forget about Tier 1 and WP. As an overstayer most reputable employers won't touch you. Not to mention the various other boxes you'd have to tick.

Best to look at your options under the 320 (7b) concession. It covers unmarried partners. If you have settled siblings you might be able to include Article 8 of the Human Rights Act ( the right to family life).

But first..:

How long have you been living with your girlfriend?
Have you submitted any previous applications?
Been picked up by immigration in the past ?
Any children with your partner?

Can you give us a fuller picture of your situation?

nk84 · Post by **nk84** » Mon Jun 30, 2008 7:19 pm

we have been together for nearly 2 years but we dont live together as shes at university, and we dont have any children.
no never submitted any previous applications.
i haven`t Been picked up by immigration in the past.
i live with my brother who is french citizen and has been living in the uk for over 12 years.

Mr Rusty · Post by **Mr Rusty** » Tue Jul 01, 2008 10:42 am

nk84,

You might (I stress might) qualify for an EEA Residence Card as your brother's family member. Unless you lived with him in France, you have to show either that you are part of his household or that you are dependant on him, but they may also take into account whether your brother would be deterred from exercising his treaty rights if you were not permitted to stay, and also whether you have family to return to in your own country.

It's far from straightforward, and you've only got one shot at it, so you need to consult a good immigration solicitor. I can't see any other grounds you have for making an application.

jei2 · Post by **jei2** » Tue Jul 01, 2008 2:40 pm

Mr Rusty wrote:nk84,

You might (I stress might) qualify for an EEA Residence Card as your brother's family member. Unless you lived with him in France, you have to show either that you are part of his household or that you are dependant on him, but they may also take into account whether your brother would be deterred from exercising his treaty rights if you were not permitted to stay, and also whether you have family to return to in your own country.

It's far from straightforward, and you've only got one shot at it, so you need to consult a good immigration solicitor. I can't see any other grounds you have for making an application.

Nor me. Unless you have more information. Good luck.

nk84 · Post by **nk84** » Tue Jul 01, 2008 5:22 pm

Nor me. Unless you have more information. Good luck.[/quote]

thanks jei2 and mr rusty for your help

i think qualifycation for an EEA Residence Card through my brother as family
member is the best option and i would like to know if anyone could recommend good immigration solicitor will be much appreciated

jei2 sorry if im not giving enaf information as im not used to forums.

I come to England aged 15 years old in 2000 on a tourist visa to visit my brother and sister. I tried to find a school to study so i can apply for a student visa but unfornatly that never Happened. After my visa expired i stayed in the country and never submitted any Applications to be honest i was young at the time and i really didnâ€™t know anything about
Immigration. My family members didnâ€™t do anything about my
situations . I have been living on my own for most the 8 year period till i lost my job and moved to my brother house for the last year or so. Iâ€™m hoping cause i come to uk under the age of 18 that i could do something to legalise my status

thanks for your help

jei2 · Post by **jei2** » Tue Jul 01, 2008 6:18 pm

nk84

Who sent for you?
Where were your parents at the time? Where are they now?
Would it be difficult for you to return to Morrocco?
Do you have documentary evidence of your life in the UK? ie letters from colleges, NHS cards, health, utility bills, certificates, family connections.
Do your siblings have family here?
Any health issues?

nk84 · Post by **nk84** » Tue Jul 01, 2008 7:07 pm

my sister sent me an offical inviation(sorry) I do not know the legal name for the documentation. My mum escorted me to England and stayed herself for two months then returned.
My parents live in morocco and have always lived there but are separated and I vertually have no contact with my father and limited contact with my mother. My mother has no income and soley relies on the help of my siblings here in the UK.
I have intergrated in to the british society by previously working (cash in hand) paying my own rent, obay british law (a part from this) and been accepted by the community. I feel that I have established my life here and I have no real idea of the real morocco as I left their as a minor and only know the way of morocco life as a teenage boy.
I would not have any health/NHS cards as i am not entitled to them. In the past i have had council tax bills sent to me personnally, but I do not have these now.
I have family connections as my sister and brother live here and they both have their own family ( who are of british citizin-two niece and 1 nephew). I also have an uncle and aunt and cousin living in england.
I am in good health and never needed to access the nhs.

Thank you for your time and sorry this is a little long.

jei2 · Post by **jei2** » Tue Jul 15, 2008 10:59 am

nk84

Why didn't your mother take you back with her when she left the UK?

Why didn't your siblings send you back before your visa expired?

When did your parents separate?

nk84 · Post by **nk84** » Wed Jul 16, 2008 12:34 pm

jei2 wrote:nk84

Why didn't your mother take you back with her when she left the UK?

Why didn't your siblings send you back before your visa expired?

When did your parents separate?

me and my mum come here for a holiday and i was meant to go back but my brother said that i should stay and look for a college so my mum gone back home thinking im going to find a college and start studying here but that never happend.

as for why my siblings havent sent me back i dont have a clue probably they been ignorant about it. still to this day i dont know they haven`t tryed to help me whene i was still under the age of 18

as for my parents they havent been living together for over 3 years but they havent got divorced.

mnf441 · Post by **mnf441** » Fri Jul 25, 2008 1:41 pm

i was in a similar predicament... but being under 18 is not a beneficial factor; being under 18 and having a family guardian in the uk and no other living relatives whom can support you elsewhere maybe a consideration... if you wait until the 14 year, the rules may have changed when you will apply...

it is not a good place to be when you lodge an application for 14 years residency (legal or not), but documenting everything to make sure you've not left the country for a prolonged period is a pain in the bum!

then they'd make you wait agesssssssssssssssssssssss.!!!!!!!!!!

nk84 · Post by **nk84** » Tue Jul 29, 2008 11:32 pm

mnf441 wrote:i was in a similar predicament... but being under 18 is not a beneficial factor; being under 18 and having a family guardian in the uk and no other living relatives whom can support you elsewhere maybe a consideration... if you wait until the 14 year, the rules may have changed when you will apply...

it is not a good place to be when you lodge an application for 14 years residency (legal or not), but documenting everything to make sure you've not left the country for a prolonged period is a pain in the bum!

then they'd make you wait agesssssssssssssssssssssss.!!!!!!!!!!

7 years wait is to far away and i think they getting rid off it so my only option is to wait for my girl friend to finish her university in 2 years time and hope we get married then if they dont make imposible by then

thanks for all your advise

William Blake · Post by **William Blake** » Wed Jul 30, 2008 6:28 pm

Sorry about your situation.

I would also advise that you look at what you want to achieve in your life and see if you can do something about it in the meantime. For example, if there are particular things you want to study and develop in the meantime. I mean just try and use the time to some positive benefit and not just wait for your time to come.

Another option would be to try and get onto a course of study. You could for example seek a student visa and study something on the skills shortage list. You could then try for a work permit after you were qualified. The concession for overstayers ends 1 October so maybe you could sort this out by then?

Atleast if you got a student visa you wouldn't be illegal anymore and you could work part time while studying and fulltime when on holiday. Just a thought.

nk84 · Post by **nk84** » Fri Sep 19, 2008 3:16 pm

William Blake wrote:Sorry about your situation.

I would also advise that you look at what you want to achieve in your life and see if you can do something about it in the meantime. For example, if there are particular things you want to study and develop in the meantime. I mean just try and use the time to some positive benefit and not just wait for your time to come.

Another option would be to try and get onto a course of study. You could for example seek a student visa and study something on the skills shortage list. You could then try for a work permit after you were qualified. The concession for overstayers ends 1 October so maybe you could sort this out by then?

Atleast if you got a student visa you wouldn't be illegal anymore and you could work part time while studying and fulltime when on holiday. Just a thought.

i wish i can study even that is not possible as they ask for document wich i havent got, i just have to live every day as it comes and see what the futute hold

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Iâ€™m desperate for some immigration advice.

Iâ€™m desperate for some immigration advice.