help received...thanks all!!

[sally_smith]

Iv received advice and no longer need any help, thanks.

[try-one]

Sally_smith;
My understanding is that only people born before 1983 gain british citizenship by birth, regardless of who the parents are.
In your case it appears as if you don't have rights to british citizenship by birth.
You are currently overstaying a visitors visa since 2001, you couldn't have understood the implications of this as a young 17 year old. Now you are 25 and things are very different.
There is an option for you related to people living in the UK for 15 years under any category, you may be able to claim ILR once you pass that mark as an overstayer.
There may be more options available for people in your situation (arrived as a minor without intention to overstay), I'm not aware of them, maybe other members would help.
There are some new laws that allow you to return to your home country before 0ct 08 and avoid the penalties for overstaying....this would allow you to get a WP/HSMP in the UK and return.... you have the language, you have the culture, you have the driving license and hopefully some skills/graduate education that would allow you to get one of those permits....
Read the legislation available on the HO site, understand the legislation well, then if required, engage a legal advisor and plan your move....

(you may decide to stay illegaly for another 8 years or normalize your situation via a WP; you call, your life)

The British Nationality Act 1981 came into force on 1 January 1983. It defines who is British by birth and how people may become British through naturalisation or registration.

Birth in the UK

People who were born in the UK before 1983 were automatically British citizens by birth. The only exception to this was children whose parents were working here as diplomats at the time they were born.

Anybody born here after 1 January 1983 is automatically British if at the time of the birth:


One of their parents was a British citizen.
One of their parents was allowed to stay here permanently.

[sakura]

What country are you from?

The problem is that things are changing....now there is a ruling that anyone who employs an illegal immigrant or overstayer could be fined up to £10,000 per worker and possibly jailed. I'd suggest you stop showing your birth certificate because it does not prove anything. The only proof anyone can show is their passport (with visa if non-EEA national) or recent letter from the Home Office; birth certificates from people born prior to the change in citizenship rules might also be sufficient, but not in your case.

The other change is that, from October 2008, anyone who has overstayed and remains in the country, if caught and deported, could be banned from returning to the UK. Things get a lot tougher once you enter adulthood. They might understand entering the country as a minor and not knowing the rules, but since you are now 25, they will probably take a much tougher approach.

Do you have any options, other than returning home? Are you married or in a relationship with a British or EEA citizen, or someone with ILR? Do you have any children born in the UK? When did you obtain your degree? What type of job are you doing, and could you possibly obtain a work permit or the HSMP visa?

[vinny]

There is an option for you related to people living in the UK for 15 years under any category, you may be able to claim ILR once you pass that mark as an overstayer.

I believe that it's currently 14 years (276A-276D).