ILR on the basis of Long Term Residence?

[introublewhat]

As my name suggests I am in a bit of trouble. This is long so be patient.

My story is as follows, I came to UK on a visitor visa in June 1993. I came as a dependent of my mother and was aged 10 at the time my siblings were even younger. We have been in this country ever since. We are all at uni now and have used dodgy documents to gain access. My mother brought us up on benefits. Me and my siblings have never applied for benefits public funds on their own accord apart from student loans which I think are not classified as public funds.

We initially came to uk after two horrible events in over life. My father commited suicide in 1989 due to depression and family feuds after which my uncle took the responsiblity of looking after us but unfortunatily he was killed due to politics of our village in 1992. due to this we were fearful for our life after revenge was taken by my uncles.

I have very strong fmily connections to uk my mother brother and two sisters and their families are all uk citizens and they were the ones who persuaded us to come. We initially planned to seek refugee status but our lawyer said otherwise.

Now we have been in this country for 13years 3 months and I want to apply for ILR under long residence rule. Can I do this now as it hasn't been 14 years since we came here.

Although me and my siblings are no longer minors we came here as children and have sent more then half of our life here. What are our chances of getting ILR + what are chances of our mother getting ILR who only did all this for the betterment of us. We all love this country, it has given us more then our country would ever have and feel now it is time to give something back in return by working hard and paying our taxes but I don't if we will be able to.

Any advice welcome.

[Jeff Albright]

Well, okay...
Several things need to be established:

1. Have you ever been in contact with the Home Office since 1993? Have you received any correspondence from them?
2. Are you aware of any deportation/removal proceedings pending against you/family at any time?
3. Do you have a case reference number at the Home Office? Has your solicitor had any dealings with the Home Office on your behalf or have you sent any applications to them directly?
4. Have you used any forged documentation to get access to any of Government's money or any other documents issued by Government? If you applied for student loans, what exactly have you done to get them?
5. Have you been in any trouble with the law except the Immigration Acts? Have you ever dealt with police?

You will probably be ok to apply under LRC after 14 years if you have not been issued with any deportation/removal directions and you have committed no crime all these years.
I think it is unlikely they will be able to dig out your student loan fraud out but be aware if they do, you might get a kick for that.

[introublewhat]

thanks for your reply.
To your question whether we have had contact with home office. The answer is a big no. none at all since 1993. we overstayed on our visitor visa and have been here ever since. as I have said me and my siblings came here as dependents and minors. Is it wrong to assume that they will look at our claim with some sympathy? I don't no the answer to that.
so any one think we have a chance?

[OL7MAX]

From what I understand - if you do have a case under the 14 year rule you could jeopardise it if you apply before the 14 years have passed.

Rather than counting on sympathy or the strength of your ties to the UK or how nasty the village criminal is back home you'd be better off focusing your attention on what the immigration rules say and under what circumstances they permit ILRs. It's in fairly non-legalese English and I think if, as in your case, English is not a problem then you really should be reading that inside out.

Instructing a solicitor may not be a bad idea at this point either.