20 Year Rule Document Trail

[Marilaspeaks]

Hi everyone, need some advice to help with my case.

A bit of background, I came to the UK in 2000 as a student and continued to renew until 2007 when I experienced some personal problems that prevented me from continuing my studies for a while. Home office refused and returned my passport in 2009. I didn’t do anything after that but attempted to make an application on the basis of private life in 2014. After a lot of back and forth my application was refused last 2015. I later received a letter from HO in early 2016 in regards to my case and to provide any further intimation on why I felt they should reconsider my case. I didn’t have any further grounds and instead wrote a strong supporting letter. They then responded with an order for me to report for signing in. I didn’t attend as I was scared of deportation. Early 2017, HO came to the address I was receiving my mail from but not living in, obviously with the intention of taking me away. They left a letter and that was the last correspondence I had from them.

So fast forward to this year, I submitted an application with the required initial documents from the checklist and I got a response requesting for me to send further information to show for each year I have been here. This has left me in a dilemma as I’m not sure how much information to send seeing that they have a file on me up until early 2017. Do I have to send documentations that they may already have? Or should I just send proof from the last 3 years with a supporting letter. Also they are still holding my passport. The only supporting documents from 2017 up until early 2019 are GP letters from when I used NHS services the last couple of years. Would this impact my application in a positive or negative way? I’m not using an Immigration Lawyer therefore would appreciate some advice from this board from people that may have found themselves in a similar situation or have an idea on what HO is expecting of me.

Sorry if this is too long. Please feel free to ask any questions if you need me to give more information.

[CR001]

You need to send documents for each year as they have asked. Don't expect them to go dig around to find documents. It is an applicants responsibility to submit ALL supporting evidence they are relying on.

[Marilaspeaks]

You need to send documents for each year as they have asked. Don't expect them to go dig around to find documents. It is an applicants responsibility to submit ALL supporting evidence they are relying on.

Thank you, I will do that. I am a bit worried about the GP letters but I’m hoping having paid in NI previously will help.

[seagul]

I later received a letter from HO in early 2016 in regards to my case and to provide any further intimation on why I felt they should reconsider my case. I didn’t have any further grounds and instead wrote a strong supporting letter. They then responded with an order for me to report for signing in. I didn’t attend as I was scared of deportation. Early 2017, HO came to the address I was receiving my mail from but not living in, obviously with the intention of taking me away. They left a letter and that was the last correspondence I had from them.

Whilst not fully sure but onward to that point your residence won't be counted because you have been living as an absconder.

[Marilaspeaks]

I later received a letter from HO in early 2016 in regards to my case and to provide any further intimation on why I felt they should reconsider my case. I didn’t have any further grounds and instead wrote a strong supporting letter. They then responded with an order for me to report for signing in. I didn’t attend as I was scared of deportation. Early 2017, HO came to the address I was receiving my mail from but not living in, obviously with the intention of taking me away. They left a letter and that was the last correspondence I had from them.

Whilst not fully sure but onward to that point your residence won't be counted because you have been living as an absconder.

I'm not an expert on immigration but I'm pretty sure I qualify to apply for the 20 year rule as I have lived here both legally and illegally for 20 years continuosly. I did abscond but never left the UK hence the reason I need to provide evidence which proves I have been here for that long, fortunately I do have this evidence. Under the 20-year rule, a person does not have to have lived in the UK lawfully, but simply “continuously". However I can also appreciate and understand that each case is dealt with on an individual basis so the rules may then be different for me. I will wait and see what the decision will be after I have sent all the relevant documentation.

Thank you for your response either way.

[CR001]

What application have you submitted now? Is it FLR fp??

Do you realise that this is another 10 year route before you can apply for ILR, 4 X 2.5 year visas.

[Marilaspeaks]

What application have you submitted now? Is it FLR fp??

Do you realise that this is another 10 year route before you can apply for ILR, 4 X 2.5 year visas.

Yes I used the FLP(FP) form. Yes, I know it will be 10 years before I can get indefinite.

[seagul]

Failure to report (FTR)
Failure to report is the term given when a person fails to attend a pre-set reporting
event which they are required to attend. However, this does not include events they
were simply invited to attend (such as a substantive asylum interview).
When the person fails to report, as a condition of immigration bail, without a
reasonable excuse, they commit a criminal offence under section 24(1)(h) of the
Immigration Act 1971 (as inserted by the Immigration Act 2016). Such a person is
liable to prosecution, and if convicted, payment of a fine or up to 6 months’
imprisonment. If they are receiving asylum support, their support may be
discontinued. They are advised of this on their form BAIL 201 notification of
immigration bail to a person who is liable to be detained.

https://www.google.com/url?sa=t&source= ... vjxpUY_UqY

[Zerubbabel]

When I met my wife, she was illegal for quiet a few years. Zero paper trail. That's one of the issues you face when you attempt that 20 years rule. As an illegal, you don't have a lot of stuff: no bills on your name, no DVLA documents, no banking, no HMRC... etc. So when it comes to prove your are in the UK for 20 years, the Home Office has a better hand than yourself. It is enough for them to show that you failed to demonstrate continuous presence in the UK to collapse your case.

Now, your case raises another question: do absconders accumulate residence time in the UK while they are absconding?

The problem is this:

without a
...they commit a criminal offence under section 24(1)(h) of the
Immigration Act 1971 (as inserted by the Immigration Act 2016). Such a person is
liable to prosecution, and if convicted, payment of a fine or up to 6 months’
imprisonment.

So they can get you under suitability grounds.

[Marilaspeaks]

Failure to report (FTR)
Failure to report is the term given when a person fails to attend a pre-set reporting
event which they are required to attend. However, this does not include events they
were simply invited to attend (such as a substantive asylum interview).
When the person fails to report, as a condition of immigration bail, without a
reasonable excuse, they commit a criminal offence under section 24(1)(h) of the
Immigration Act 1971 (as inserted by the Immigration Act 2016). Such a person is
liable to prosecution, and if convicted, payment of a fine or up to 6 months’
imprisonment. If they are receiving asylum support, their support may be
discontinued. They are advised of this on their form BAIL 201 notification of
immigration bail to a person who is liable to be detained.

https://www.google.com/url?sa=t&source= ... vjxpUY_UqY

When I met my wife, she was illegal for quiet a few years. Zero paper trail. That's one of the issues you face when you attempt that 20 years rule. As an illegal, you don't have a lot of stuff: no bills on your name, no DVLA documents, no banking, no HMRC... etc. So when it comes to prove your are in the UK for 20 years, the Home Office has a better hand than yourself. It is enough for them to show that you failed to demonstrate continuous presence in the UK to collapse your case.

Now, your case raises another question: do absconders accumulate residence time in the UK while they are absconding?

The problem is this:

without a
...they commit a criminal offence under section 24(1)(h) of the
Immigration Act 1971 (as inserted by the Immigration Act 2016). Such a person is
liable to prosecution, and if convicted, payment of a fine or up to 6 months’
imprisonment.

So they can get you under suitability grounds.

Noted! All I can do now is wait and then decide on the next course of action once I hear back from them.