Overstayer Situation

dollarjojo · Post by **dollarjojo** » Wed Feb 13, 2008 11:31 pm

Can anyone help with my situation? Here's my story.....

I came to the UK 0n 25 Nov 1994 aged 26. I was on a 6 month visitor visa but I overstayed. I have 2 kids born in the UK. One in May 1997 and the second in Jan 1998. I am not with the mothers of my children though I am actively involved in their welfare, both emotionally and financially. I have been with my current partner since Jan 2001, but she has also overstayed her visa. I would like her to stay with me.

In Feb 2006, I sent an application to the Home Office to regularise my stay by emphasing my long connection to the UK and that I have a child born and raised in the UK. (I was not in contact with the mother of my second child when I lodged the application). My solicitor also added the fact that I had a child on some scheme called D5/96 (I think...? something to do with children who were born or have lived for 7 years in the UK).

The HO has written informing me that they have received my application and I should not contact them whilst they consider my fate.

Today they again wrote to me with the same message.

I have always been a law abiding citizen, never been on public funds,have looked after my kids, bought a house, have a good job and I want to stay.

What course of action should I take? I am really stressed.

Please help!!!

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Thu Feb 14, 2008 11:20 pm

It must be 14 years in the UK so you could qualify for Settlement in that category (14 years of illegal stay in the UK).

DP3/96 refers to those, who were married to the UK/Settled sitizens for 2 years before submitting such an application; also there must be real grounds for the person not being able to return and regularize his/her immigration status via the Embassy/High Commission at the country of their citizenship.

Finally, 7 year concession refers to chidren born/brought to the UK and who have remained in the UK for 7 years until they reach 16. The parents must have no valid leave to remain. The children then may get ILR, so their parents in line with them.

Twin · Post by **Twin** » Fri Feb 15, 2008 12:13 pm

IMMIGRATION LAWYER wrote:It must be 14 years in the UK so you could qualify for Settlement in that category (14 years of illegal stay in the UK).

DP3/96 refers to those, who were married to the UK/Settled sitizens for 2 years before submitting such an application; also there must be real grounds for the person not being able to return and regularize his/her immigration status via the Embassy/High Commission at the country of their citizenship.

Finally, 7 year concession refers to chidren born/brought to the UK and who have remained in the UK for 7 years until they reach 16. The parents must have no valid leave to remain. The children then may get ILR, so their parents in line with them.

Do the parents still get ILR these days? I thought they only get DLR.

Shame it wouldn't work for a British child as in my case though. I think it's discrimination!

Wanderer · Post by **Wanderer** » Fri Feb 15, 2008 12:18 pm

Twin wrote:I think it's discrimination!

Yawn....

Twin · Post by **Twin** » Fri Feb 15, 2008 12:32 pm

Wanderer wrote:
Twin wrote:I think it's discrimination!
Yawn....

How about you grab a chair? You seem tired or maybe you just need a break from intolerance!

SYH · Post by **SYH** » Fri Feb 15, 2008 5:47 pm

Twin wrote:
Wanderer wrote:
Twin wrote:I think it's discrimination!
Yawn....
How about you grab a chair? You seem tired or maybe you just need a break from intolerance!

NO its a yawner statement.
The children had no choice but to follow your parents.
You chose to be an overstayer so it isn't discrimination
It is a failure to reward either stupidity or those taking the UK's hospitality for granted

Twin · Post by **Twin** » Fri Feb 15, 2008 6:43 pm

SYH wrote:
Twin wrote:
Wanderer wrote:
Twin wrote:I think it's discrimination!
Yawn....
How about you grab a chair? You seem tired or maybe you just need a break from intolerance!
NO its a yawner statement.
The children had no choice but to follow your parents.
You chose to be an overstayer so it isn't discrimination
It is a failure to reward either stupidity or those taking the UK's hospitality for granted

...SYH, it's either you take up a job with BIA or put a sock in it. It's amazing how you can summarise that one is an overstayer by choice!

I am in no need of your particular advise and definitely not interested in the prejudices you display against those who haven't been so fortunate as yourself to gain ILR yet so please do yourself a favour and stick your comments where the sun don't shine!

SYH · Post by **SYH** » Fri Feb 15, 2008 8:12 pm

Twin wrote:
SYH wrote:
Twin wrote:
Wanderer wrote:
Yawn....
How about you grab a chair? You seem tired or maybe you just need a break from intolerance!
NO its a yawner statement.
The children had no choice but to follow your parents.
You chose to be an overstayer so it isn't discrimination
It is a failure to reward either stupidity or those taking the UK's hospitality for granted
...SYH, it's either you take up a job with BIA or put a sock in it. It's amazing how you can summarise that one is an overstayer by choice!

I am in no need of your particular advise and definitely not interested in the prejudices you display against those who haven't been so fortunate as yourself to gain ILR yet so please do yourself a favour and stick your comments where the sun don't shine!

So you are saying that he didn't have a choice but overstay. That is rich. The BIA point of view is that there is no such thing so I suggest you get a grip with reality. As for the discrimination, for sure the children didn't have as much choice as the parents and you need to get off your high horse screaming that such a distinction is discrimination. Perhaps that is too subtle for you.

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Overstayer Situation

Overstayer Situation