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Bit of a complicated situation... any advice?

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babopapa
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Bit of a complicated situation... any advice?

Post by babopapa » Mon Feb 23, 2009 5:59 pm

Right, so here goes...

My parents came to the UK in 1994 when I was 4 years old, originally on a tourist visa. As soon as they could (within a year or so) my father was granted a student visa, and got 2 extensions into 2001, then was rejected on grounds that he had done as much studying as possible.

I wasn't aware of this at the time but we became overstayers from then on (I was 11 and my parents kept it from me).

I found out later that my parents had fled from their country (and therefore my country of birth) due to complications with bankrupcy + becoming a criminal (albeit a minor one - seems bankrupcy = criminal in some countries) and chances of renewing our passports would be slim to none.

So here I am 14 years later, and wondering about my university fee status. I did some digging around and found out that I could be eligible for the ILR, but I needed a passport to do so.

Would the only way of getting both ILR and naturalisation (as we don't want to be citizens, if we still are, of our home country) be that we try to apply for a renewed passport from our place of origin, or would I be able to try and get exemptions of any sort?
Secondly, I haven't found anything on the topic but is there any sort of rule regarding children who had gone through the entire UK education system having a better chance of becoming citizens?
And lastly, the legal stuff is a bit vague on this, but is there any sort of leniency given to those who would not be able to live in their country of origin due to language difficulties, not having recognized family any longer, not having recognized education qualifications back there, etc - i.e. humanitarian issues?

Thanks for your time, and thanks in advance.

sakura
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Location: UK

Re: Bit of a complicated situation... any advice?

Post by sakura » Mon Feb 23, 2009 7:32 pm

babopapa wrote:Right, so here goes...

My parents came to the UK in 1994 when I was 4 years old, originally on a tourist visa. As soon as they could (within a year or so) my father was granted a student visa, and got 2 extensions into 2001, then was rejected on grounds that he had done as much studying as possible.

I wasn't aware of this at the time but we became overstayers from then on (I was 11 and my parents kept it from me).

I found out later that my parents had fled from their country (and therefore my country of birth) due to complications with bankrupcy + becoming a criminal (albeit a minor one - seems bankrupcy = criminal in some countries) and chances of renewing our passports would be slim to none.

So here I am 14 years later, and wondering about my university fee status. I did some digging around and found out that I could be eligible for the ILR, but I needed a passport to do so.

Would the only way of getting both ILR and naturalisation (as we don't want to be citizens, if we still are, of our home country) be that we try to apply for a renewed passport from our place of origin, or would I be able to try and get exemptions of any sort?
Secondly, I haven't found anything on the topic but is there any sort of rule regarding children who had gone through the entire UK education system having a better chance of becoming citizens?
And lastly, the legal stuff is a bit vague on this, but is there any sort of leniency given to those who would not be able to live in their country of origin due to language difficulties, not having recognized family any longer, not having recognized education qualifications back there, etc - i.e. humanitarian issues?

Thanks for your time, and thanks in advance.
Unless you have ILR or equivalent, you would most likely be charged international fees. See here. However, some universities might not follow this policy thick and fast, and may consider your history in the UK and give you home student fees.

However, you would most likely not have any access to student loans, or some fee reductions/assistance, as you need ILR or equivalent status, and would probably need to provide evidence.

As you are over 18, you can apply for the ILR under the 14-year long residency category. It takes a while, though, and you need a lot of documents from the various years you have spent here.

There does not appear to be any policy for leniency for those who grew up here, no.

As for citizenship, that is quite a way away; you would first need ILR, then meet the legal residency requirements (currently 5 years, or 3 if married to or in a partnership with a British citizen).

I suggest you apply as soon as possible, along with your parents.

Do you have any siblings born here? A UK/EU partner or children?

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
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Post by Frontier Mole » Mon Feb 23, 2009 11:53 pm

I would not worry too much about getting into a university as they will not grant you entry. The new points based system requires every student to prove their nationality and right of residence / entry to the UK. As an overstayer you will not get past the new requirements.

No valid passport = no university.

Even with a valid passport you still need to get a student visa - no chance of that in your position.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Feb 24, 2009 12:23 am

As sakura suggested, an option is applying for SET(O) under the 14 year long residence rules (276A-276D), even without a valid passport. If aged over 18, then see also KOL requirements.
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