1999 and still waiting

babymotha · Post by **babymotha** » Thu Sep 11, 2008 5:55 pm

Greetings everybody, wonder if anybody outhere can help us. Sorry a bit long.
Me and my partner have been together for over 10 years now I am a british citizen and he is not. He came on a visitors visa in 1996 and then went on a student visa for it expired in 1998. He then made an application for indefinate leave to remain in 1999. All we have had since 1999 was a letter to confirm they had recieved the application.
I mean this is ridiculos we have been waiting for over nine years now for a decision. Is this how long it should take, since then we have had three more kids.
We were advised by a lawyer we contacted recently that the best way and quicker way was to get married. We have contacted the church of england and have been asked to attend the church and they will decide if we can get a certificate to allow us to get married. I mean what are the chances of this happening. We have been patient god knows we have been.
My husband is depressed because he cant work. I have had to support my family on my own for the past nine years.
Hes thinking of going back to his country if this fails because we simply cant go on like this. We have written to our MP and he got the same reply that it was still under consideration. My husband has lost hes father, uncles, sisters and many relatives in his home country and couldnt go to any of their funerals. Recently his grandmother died and it was so sad to see that look on his face again knowing he couldnt go. Please any advise will be appreciated.

bebe2 · Post by **bebe2** » Fri Sep 12, 2008 10:12 am

i feel your pain.Â you need a good lawyer as there are a few ways he can get his stay without getting married. i guess your kids are british , he has a right to stay with them. try different lawyers and i have to say without prejudice african lawyers aint very good in cases like these you should try an english one.

on what grounds did your partner apply for ilr in 1999 if trust that ground then you can sue the homeoffice or atleast threaten them. normally they will respond as they dont like going to court due to the cost.

goodluck

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Fri Sep 12, 2008 11:42 am

bebe2 wrote: i have to say without prejudice african lawyers aint very good in cases like these you should try an english one.
goodluck

back up ur argument. how do u describe an african lawyer? is it one that passed the life in the UK test or not or one born to african parents in the UK or rather one with an ILR and a BRITISH citizen. once more what about layers from NORTHERN IRELAND, SCOTLAND and WALES are they not as good as ENGLISH lawyers?
i dont mean to cause a big issue here im just curious and interested in what you hope you dont take this personal

Biggie · Post by **Biggie** » Fri Sep 12, 2008 3:15 pm

I would love to hear your argument against so called African lawyers??

Biggie.

jei2 · Post by **jei2** » Fri Sep 12, 2008 4:52 pm

babymotha,

Your partner breached the rules when he overstayed. He has no rights under the immigration rules and it makes no difference whether or not he is married to you or has British offspring.

MPs are part the immigration rule making process. Home Office caseworkers can (not surprisingly) get a bit peed off with demands via an MP that someone who has breached the rules be allowed to stay.

Bad solicitors and advisers (like good ones) come in all colours and nationalities. A good African lawyer is likely to know more about this sort of case because - quite frankly - these are exactly the kind of issues that many African and Caribbean clients present with.

Don't give the Home Office attitude about the wait. Overstayers always get pushed to the back of the queue. And there's always a queue. They'll just end up refusing you and telling you that there's nothing to stop you going home with your partner and settling there with your kids - or alternatively supporting his application from Jamaica.

The concession for overstayers who were married to or living with a British/settled person (DP2/93 and DP3/96) were removed in their entirety earlier this year, leaving most people to run back home and take advantage of the 1 October 2008 concession.

I think that October/November onwards will give a clearer idea of what the government plans to do with those who haven't returned home but have applications pending.

In the meantime my advice would be to use your energy to compile evidence that your relationship has subsisted all these years, and to find a good adviser - African or otherwise.

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Fri Sep 12, 2008 6:39 pm

jei2 wrote: quite frankly - these are exactly the kind of issues that many African and Caribbean clients present with.

i totally agree with the advice u have given. however, can u support ur quote with some statistics either by the UKBA or OISC or some sort of regulatory body?

bebe2 · Post by **bebe2** » Fri Sep 12, 2008 8:36 pm

am sorry if i have caused any offence, i am a nigerian born and bred in edo state.
i am speaking from experience i am married to an eea national and i have always trusted nigerians lawyers the problem is they dont update info quick enough.

i am separated frm my hubby and my pr as due at the end of the year he didnt tell me that gettin a divorce can help with the pr. he said just submit and they will grant it.

i had to go looking for information when one of his client was also given same advice and was refused.

maybe i should rephrase get different opinions and an active and current lawyer.
sorry if anyone got upset.

Post by **Frontier Mole** » Fri Sep 12, 2008 11:41 pm

When UKBA get round to looking at the 1999 application, it will be refused as an out of time application. Unless there are some exceptional circumstances I can not see why he would be able to apply for ILR in 1999 in any event.

Your current circumstances are somewhat different from that of 1999, however that will not matter to UKBA. The nice simple phrase will be " uncertain immigration status". Translated into English, you & he did what ever you did, lived together had kids etc knowing he did not have proper status in the UK.

Getting married will not make any difference to the situation. You have a strong Article 8 claim and that at best will give him discretionary leave and a five year wait for ILR. If you are expecting UKBA to come back with ILR from his 1999 clain that is just not going to happen.

jei2 · Post by **jei2** » Sat Sep 13, 2008 9:59 am

SMOOTH OPERATOR wrote:
jei2 wrote: quite frankly - these are exactly the kind of issues that many African and Caribbean clients present with.
i totally agree with the advice u have given. however, can u support ur quote with some statistics either by the UKBA or OISC or some sort of regulatory body?

Smooth Operator,

For reasons that should be apparent, there are no official figures on the number of overstayers in the UK.

Unfortunately it's an observation, not a quote.

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Sat Sep 13, 2008 3:51 pm

Observation!! ok if u say so. i rest my case

tasha75 · Post by **tasha75** » Sat Sep 13, 2008 10:34 pm

bebe2 wrote:i have always trusted nigerians lawyers.

My Nigerian lawyer was just a crook, who run off with my 3000.
Agree with jei, good and bad lawyers come in different colours and nationalities.

tasha75 · Post by **tasha75** » Sat Sep 13, 2008 10:37 pm

Frontier Mole wrote:You have a strong Article 8 claim and that at best will give him discretionary leave and a five year wait for ILR.

Isn't 6 years on DLR till ILR?
Official documents say it's 6 years, but it has been mentioned on this forum a few times that it's 5 years.

Post by **Frontier Mole** » Sun Sep 14, 2008 12:36 am

Tasha75

Could be wrong it could be six years - I should know the answer really

Either way 5 or 6 years is longer than two years - which was the point I was trying to get across.

jei2 · Post by **jei2** » Sun Sep 14, 2008 2:19 pm

SMOOTH OPERATOR wrote:Observation!! ok if u say so. i rest my case

A good African lawyer is likely to know more about this sort of case because - quite frankly - these are exactly the kind of issues that many African and Caribbean clients present with.

You're right. I shouldn't generalise. Between "many" and "African" insert "of my".

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Mon Sep 15, 2008 10:10 am

jei2 · Post by **jei2** » Mon Sep 15, 2008 11:24 am

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1999 and still waiting

1999 and still waiting