Help please. 16 years resident. Needs ILR.

[stephenmozza]

Hi,

A friend of mine has been in the UK for 20 years. No convictions. Has a child with an EU resident of the UK.

He has work as a hairdresser and is in demand.

Due to a personal squabble he spent some time with the police which was settled and no charges were brought.

However the immigration services have been made aware and have asked him to report weekly and not to work.

So he can't work even though his boss wants him to.

He does not have access without working to a lawyer or the money to fill out an ILR form and the legal firm he has inquired with say there is no legal aid any more.

Without working he won't be able to pay his rent or save for the form money.

Any ideas on next steps. He has an NI number and pays tax

Regards

[noajthan]

Hi,

A friend of mine has been in the UK for 20 years. No convictions. Has a child with an EU resident of the UK.

He has work as a hairdresser and is in demand.

Due to a personal squabble he spent some time with the police which was settled and no charges were brought.

However the immigration services have been made aware and have asked him to report weekly and not to work.

So he can't work even though his boss wants him to.

He does not have access without working to a lawyer or the money to fill out an ILR form and the legal firm he has inquired with say there is no legal aid any more.

Without working he won't be able to pay his rent or save for the form money.

Any ideas on next steps. He has an NI number and pays tax

Regards

What is this person's nationality?
Immigration status?
Does he have valid documents?
Any prior overstays or ??

[CR001]

What is his current immigration/visa status and what is his full immigration history for the last 20 years?

Might be easier if your 'friend' registers and posts himself.

[stephenmozza]

Sorry am new to this.

He is Sri Lankan. Immigration statuses he overstayed on a tourist visa. No valid documents apart from expired Sri Lankan passport.

No previous overstays.

He isn't tech savvy so won't post himself

[CR001]

Immigration statuses he overstayed on a tourist visa.

Overstayed for 20 years!!!

He really hasn't made things very easy for himself.

[Casa]

His employer may want him to work, but I'm sure he wouldn't be so keen if he knew as an employer he faces a £10,000 fine for employing someone who is here illegally. He hasn't been prevented from working by the police due to his 'personal squabble'. He's not able to work as he isn't legally permitted to do so.
What documents did he use to obtain a NI number?

[noajthan]

His employer may want him to work, but I'm sure he wouldn't be so keen if he knew as an employer he faces a £10,000 fine for employing someone who is here illegally

That would be more than a close shave.

[Wanderer]

Isn't the 14 yr illegal stay now 20 year illegal stay? Or is it not a simple as that?

There might be a rather large fee toupée though.....

[CR001]

Isn't the 14 yr illegal stay now 20 year illegal stay? Or is it not a simple as that?

There might be a rather large fee toupée though.....

If you reach 20 years, you cannot apply for ILR like you could on the 14 year route. You have to apply for FLR(FP) and it is a new 10 year (legal) route to ILR, 4 x 2.5 year visas (and IH surcharge). So 30 years before ILR.

[Wanderer]

Isn't the 14 yr illegal stay now 20 year illegal stay? Or is it not a simple as that?

There might be a rather large fee toupée though.....

If you reach 20 years, you cannot apply for ILR like you could on the 14 year route. You have to apply for FLR(FP) and it is a new 10 year (legal) route to ILR, 4 x 2.5 year visas (and IH surcharge). So 30 years before ILR.

Wow! That is a lot of money. A hair-raising amount in fact. Suppose thats what happens when people comb-over here illegally....

[Casa]

...and for someone without income the visa fees are hardly a snip.

[Amber]

If he has an EU national child in the UK he may have better chance, and cheaper, rights of residence under EU law.

[Casa]

To clarify, what nationality does his child's mother hold?

[stephenmozza]

The mother is Polish.

Good hairdresser puns.

I'm not sure re documents for his NI number. I will find out.

It is 16 years he's been here not 20.

[CR001]

The mother is Polish.

Good hairdresser puns.

I'm not sure re documents for his NI number. I will find out.

It is 16 years he's been here not 20.

Then why make the subject heading '20 years'.

Is he still with the mother of his child?

[stephenmozza]

I got it wrong in the header. Not sure if I can change the thread title.

Yes he is still with the mother and child

[CR001]

So why doesn't he apply for a EEA FP/residence card?

Is the mother a qualified person and exercising treaty rights? How long have they lived together?

[stephenmozza]

Ok originally he was on a tourist visa in 1996.

He applied for asylum once that ran out and was given an NI number while they looked at that case.

They denied him asylum and he did not appeal.

He has stayed unlawfully since then.

Him and the mother have been together four years and have a child together but are not married

[noajthan]

...

Him and the mother have been together four years and have a child together but are not married

Simples then:
https://www.gov.uk/government/publicati ... rm-eea-efm