long residence question

myad · Post by **myad** » Wed May 24, 2006 9:10 am

Although my friend has been in the U.K for 14 years, he applied for political asylum 11 years ago. He entered the country illegally. He had no identity paper so he was issued with a home office document saying he was liable to be deported. His application was subsequently refused and got deportation orders. He then went underground. He has a national insurance number but has worked all this time without insurance card.
Basically he can prove that he applied for asylum 11 years ago but does not have any proof of his 3years before. My question is will he ever qualify for ILR .

Post by **John** » Wed May 24, 2006 10:23 am

I am not sure. IND is currently rewriting its instructions regarding Long Residence, probably because they are still headed "Long Residence Concession", and it is no longer a concession ..... it is incorporated into the Immigration Rules.

So you can no longer download the document from the IND website, but the previous version can be downloaded by clicking here. To what extent the new version, when published, will differ is anyone's guess.

I think the first problem here is proving 14 years residence. OK, he can prove 11 years, but how can he show he was here in the UK before that. If he can't then he might need to wait another 3 years before applying.

But even then the wording of the IND document does not look promising.

raina · Post by **raina** » Wed May 24, 2006 11:10 am

"But even then the wording of the IND document does not look promising."

John - Can you give some more details? Are they doing away with the 10 year residency or making some changes to it that you are aware of???

myad · Post by **myad** » Thu May 25, 2006 11:10 am

If you could clarify

"But even then the wording of the IND document does not look romising."

14 year rule

As the rules stand at the moment
Does the clock stop ticking once he is served a deportation notice?
Is he never going to get ILR no matter how long he stays?

Thanks for your replies

Jeff Albright · Post by **Jeff Albright** » Thu May 25, 2006 12:51 pm

myad wrote: Does the clock stop ticking once he is served a deportation notice?

yes the clock has stopped then, I am afraid, so the 14 year rule will not help him.

If he got a deportation decision but never appealed against and was living clandestinely since he will need an expert immigration advice - for example, if he is married to a British citizen he might appeal and be successful on human rights grounds.

If he got a deportation order, but did not comply with it, then things are a lot worse but can still appeal if the above applies.

The Article 8 of the HRA looks like the only way to explore. If he is unsuccessful, sadly, he will still have to leave the UK.

I have read at IAA website about one case where a woman has lived in the UK for 21 year but the deportation order was made against her many years ago. She was since classed as a missing deportee and was in the CIS database. The Judge has backed the Home Office to deport her and she was removed after having spent 21 year in the UK.

Nevertheless nothing would stop me from wishing him good luck... He might even be successful. We have illegal immigrants working here for the Home Office as Senior Immigration Officers - it has recently become a usual state of affairs.

Chess · Post by **Chess** » Thu May 25, 2006 1:48 pm

I have read at IAA website about one case where a woman has lived in the UK for 21 year but the deportation order was made against her many years ago. She was since classed as a missing deportee and was in the CIS database. The Judge has backed the Home Office to deport her and she was removed after having spent 21 year in the UK.

Unbelievable and very sad

We have illegal immigrants working here for the Home Office as Senior Immigration Officers - it has recently become a usual state of affairs.

Jeff - is this true?

Jeff Albright · Post by **Jeff Albright** » Thu May 25, 2006 2:10 pm

Chess wrote: Jeff - is this true?

The Sun today (25th May 2006) the front page - the notorious scandal of "visa for sex" I am sure you heard about.

Although I do not always believe these newspapers...

Post by **John** » Thu May 25, 2006 2:31 pm

Jeff, yes that alleged sex scandal, but how does that equate to the suggestion that, in your words :-

We have illegal immigrants working here for the Home Office as Senior Immigration Officers

Jeff Albright · Post by **Jeff Albright** » Thu May 25, 2006 5:14 pm

John wrote:Jeff, yes that alleged sex scandal, but how does that equate to the suggestion that, in your words :-

We have illegal immigrants working here for the Home Office as Senior Immigration Officers

... so anything can happen at that place. You can be illegal, but still get status and even a job as an Immigration Officer (which does not appear to require your status) or you can be legal, do everything by law and then still be booted out. Therefore, the "law" does not always mean it but at the same time the common sense does not always exist.
So the person could be lucky and win his appeal even if in strict law his case is doomed to fail. Therefore, it is worth trying and I wish him best of luck.

OL7MAX · Post by **OL7MAX** » Fri Jun 09, 2006 9:07 pm

I have read at IAA website about one case where a woman has lived in the UK for 21 year

Jeff, you wouldn't have a link to that, would you? I've been trying to find it on their new site but can't.

Also, Article 8 of the HRA seems to be about awarding damages, or am I missing something?

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long residence question

long residence question