Anybody Please Help Sort This mess? - USA/UK Visa Situation

[lipsmoker]

Hi there! so first of all it might take a while to explain so thanks for stopping to take the time and read through!


The case is regarding my American born Girlfriend Emily. She came to the country as a minor at 15 with her mother (Also american) to the UK with her 2 younger sisters her american mother and her british step father (Father of the 2 younger sisters).

Obviously any choice of Emily moving here was out of the question and her mother purposly planned to not take the return flight home and in a certain sense.. (wing it)

Now. About a year after being here under the radar, they gained access to a solicitor because the kids had to school etc. during this process they placed all the minors in the UK schooling system without asking questions.

The lawyer set it all up about a year later for them to apply for leave to remain based on the fact that the kids are settled and how he is half british and they are married etc. A few months after a letter came through and to everyone shock it was a court date in a further 6 months.


Everyone attended the court (I wasnt able to) and they had to speak their case to the judge and was told to await a reply via mail.

6 months after that.. the magic letter came throuh, the sigh of relief, I have it right here. it says


Further to the appeal determination promulgated on june 24th 2016 by the first tier tribunal on ECHR article 8 grounds to remain outside of the immigration rules for a perioid of 30 months and you may apply for indefinite leave to remain after 120 months if you qualifty.


She got sent her biometrics and then finally moved from up north in manchester down to norfolk with me and my UK family, Since then she has Always worked, Part time but thats all we really can find in the middle of nowhere, and i work part time too. She loves working because she wasnt able to for so long.


My questions and concerns are. Could she be kicked out the country at this point? She has never commited a single crime and works her *** off

And what do we apply for? using what form? an extention on her leave to remain?

It there any way to get help with the 1k fee i keep seeing? We only earn about 14k a year between us so it's literally a means of not paying rent for 2 months to be able to pay for it..


If you bring yourself here willingly fair enough I understand you will pay, but is there a way for her to possibly get indefinite leave to remain under the basis that she was a minor technically, 15 yes but still a minor with no choice.

[lipsmoker]

Also sorry. Thankyou to anybody who can help or offer advice!

[secret.simon]

How old is your girlfriend now? Has she resided with you in a "relationship akin to marriage" (shared bank accounts, shared bills/mortgage, etc) for atleast two years? Can she claim a non-UK EEA citizenship through her parents?

6 months after that.. the magic letter came throuh, the sigh of relief, I have it right here. it says

Further to the appeal determination promulgated on june 24th 2016 by the first tier tribunal on ECHR article 8 grounds to remain outside of the immigration rules for a perioid of 30 months and you may apply for indefinite leave to remain after 120 months if you qualifty.

She got sent her biometrics and then finally moved from up north in manchester down to norfolk with me and my UK family, Since then she has Always worked, Part time but thats all we really can find in the middle of nowhere, and i work part time too. She loves working because she wasnt able to for so long.

As the letter states, she is not currently eligible for any form of indefinite leave to remain, but on a 10-year pathway to ILR. That is not automatic and she will need to meet the requirements and apply for renewal every 30 months.

Could she be kicked out the country at this point? She has never commited a single crime and works her *** off

Depends on how you look at it. Technically, by residing in the UK without leave to remain, she has committed a crime. If she has worked in the UK while she had no right to reside, that may compound the crime. Likewise using NHS resources while not having the right to reside.

If she has received a Biometric Residence Permit, she is residing in the UK legally and will not be deported for an immigration offence.

The risk with winging it is that it will be prohibitively expensive in the long run (the key word being "prohibitively"). There have been severe cuts to legal aid for immigration in the past few years and it is unlikely that you will get assistance with the legal fees that you may have to pay. Some very specific paths allow for a fee waiver.

[lipsmoker]

She is 23 now. She didnt work a SINGLE day without a visa and was a minor. The uk system allowed her into school and she only started working a week after she got her letter granting her leave to remain outside of immigration rules for 30 months...

[lipsmoker]

Can anybody help shed any light please?

[secret.simon]

Has she got a Biometric Residence Permit allowing her to reside in the UK for 30 months? If so, she has the legal right to reside.

How old is your girlfriend now? Has she resided with you in a "relationship akin to marriage" (shared bank accounts, shared bills/mortgage, etc) for atleast two years? Can she claim a non-UK EEA citizenship through her parents?

Could you respond to these questions?

[FXR_1340]

......If you bring yourself here willingly fair enough I understand you will pay, but is there a way for her to possibly get indefinite leave to remain under the basis that she was a minor technically, 15 yes but still a minor with no choice.

Too true! Couldnt agree more. This is akin to the US Dreamers.

Your partner deserves a break. Lets hope UKVI gives it.

I can not offer you any guidance or advice. What I can offer is best wishes and good luck.

[lipsmoker]

Has she got a Biometric Residence Permit allowing her to reside in the UK for 30 months? If so, she has the legal right to reside.

How old is your girlfriend now? Has she resided with you in a "relationship akin to marriage" (shared bank accounts, shared bills/mortgage, etc) for atleast two years? Can she claim a non-UK EEA citizenship through her parents?

Could you respond to these questions?

She has a BRP card ofcourse. She has a job and is running on her last issued 30 months of LTR under article 8 of the family life. Which expires in december this year.

She was brought here unlawfully but at 15. And didnt work until legal and the judge like i said called upon the rights to a private life for her 30 months ltr. It says she can apply for infdefinite after 120 months which means she is on the 10 years route to indefinite leave am i correct?

It would appear we need to use the FLR(FP) form to apply for an extention on her further leave for another 30 months 28 days before this one expires. But now she has moved out from her family and now lives with me (still in england) shall I build it based on her leave to remain as a partner (we dont earn 18600 so it would be 10 year route). Or do we do the same as last time. Under article 8 right to a private life outside the rules of immigration because she has 1 meth head dad with a bunch of convictions in america and that really is the only thing she has there. Not even sure if he has a house.. she would theoretically be homeless.

The price is around 1100 for the FLR(FP) application we have 6 months and could get that together so wont try to waiver it as it might affect the choice.

So considering this girl was granted LTR (30 months) based on private life rights after being dragged here as a minor and is now an adult. Do you guys think using FLR(FP) to apply for an extention based on right to a private life on route to settlement is the right idea? Considering she can show she now works. Is well loved in the community etc.

Thanks again guys!

[secret.simon]

OK, so I have distilled the following questions from your paragraphs. Correct me if I am wrong.

a) She has been issued a BRP based on private or family life. How to renew it?
b) Can she stay on that path in spite of having moved out of the family that she arrived with and moving in with you?

The key to the second question may be how long she has resided with you in a "relationship akin to marriage", with proof of shared financial commitments (bank accounts, bills, mortgages, etc). Can you clarify that specific point?

[lipsmoker]

Sure thing she has lived with me the entire 30 months. About a week after being granted ltr and getting a brp she moved in with me. So its been about 2 years and we share my bank account. Her wages go into mine. We make a fair bit less than 18600 so i doubt the whole getting married and going about it that way will work.

I mean.. she got granted article 8 because her mother is here and her 2 little sisters too. And the only tie in america is her homeless meth head dad. So surely considering her little sisters are here (they got granted indefinite) and her mom is still here that article 8 wouod be the best play?

Thanks again!