illegal immigrant

loi · Post by **loi** » Sat Jul 12, 2008 2:56 pm

hi everyone

l just want to find out if there are any options for a person who came to this country 10 years ago with a six months visitors visa and overstayed to get legal status. he has not applied for anything else eg asylum

thank you

Mr Rusty · Post by **Mr Rusty** » Sat Jul 12, 2008 3:04 pm

Nationality?
Marital Status? Children?
Occupation/qualifications?

There's probably little hope for such a person, but more information is required before any other opinion could be offered.

loi · Post by **loi** » Sat Jul 12, 2008 7:54 pm

he is zimbabwean, single, no children

paulp · Post by **paulp** » Sat Jul 12, 2008 7:56 pm

14-year long residence ILR appears to be the only solution.

Biggie · Post by **Biggie** » Sat Jul 12, 2008 8:29 pm

paulp wrote:14-year long residence ILR appears to be the only solution.

14-year ILR, if its still available in 4 years time. I hope for him its still there.

MaiGT · Post by **MaiGT** » Mon Jul 14, 2008 5:08 pm

paulp wrote:
14-year long residence ILR appears to be the only solution

The 14 year concession only applies to people who have spent the 14years having legal status. It appears that this guy has been an overstayer for 9 years 6months and therefore does not qualify for the 14 year concession.

Wanderer · Post by **Wanderer** » Mon Jul 14, 2008 5:45 pm

MaiGT wrote:
paulp wrote:
14-year long residence ILR appears to be the only solution
The 14 year concession only applies to people who have spent the 14years having legal status. It appears that this guy has been an overstayer for 9 years 6months and therefore does not qualify for the 14 year concession.

Wrong, 14 year rule is any stay; legal or combo of legal/illegal, or all legal if your where daft enough to not apply for that after 10 years....

jei2 · Post by **jei2** » Mon Jul 14, 2008 6:31 pm

Wanderer wrote:
MaiGT wrote:
paulp wrote:
14-year long residence ILR appears to be the only solution
The 14 year concession only applies to people who have spent the 14years having legal status. It appears that this guy has been an overstayer for 9 years 6months and therefore does not qualify for the 14 year concession.
Wrong, 14 year rule is any stay; legal or combo of legal/illegal, or all legal if your where daft enough to not apply for that after 10 years....

Wanderer - do you mean daft enough to not apply? Or daft enough to apply?

Given that they only had 6 months legal stay and would have been refused anyway, thereby scuppering his chances at the 14 year concession - if indeed it survives the immigration overhaul expected at the end of this year..

skillipedia · Post by **skillipedia** » Tue Jul 15, 2008 6:14 am

You have to prove that you have been in the UK for 14 years: password, bills , etc.

If you can stay underground for another 4 years, you will be fine, the only concern is that the 14-year concession may disappear under the Tories

Good luck

jei2 · Post by **jei2** » Tue Jul 15, 2008 11:07 am

loi wrote:hi everyone

l just want to find out if there are any options for a person who came to this country 10 years ago with a six months visitors visa and overstayed to get legal status. he has not applied for anything else eg asylum

thank you

Did he ever make an application under the Regularisation of Overstayers Scheme in 2000? Not available any more of course but if he did and was refused, this would certainly complicate his options.

jes2jes · Post by **jes2jes** » Tue Jul 15, 2008 11:41 am

Just a quick one to 'educate' everyone making mention of a 14-year concession. The Long Residency Concession is now enshrined in the Immigration Rules and no longer a concession.
If you qualify for it, you would be awarded ILR. Please the only concession I can think of in the current Immigration Act is the 7-year concession.

Wanderer · Post by **Wanderer** » Tue Jul 15, 2008 12:19 pm

jei2 wrote:
Wanderer wrote:
MaiGT wrote:
paulp wrote:
14-year long residence ILR appears to be the only solution
The 14 year concession only applies to people who have spent the 14years having legal status. It appears that this guy has been an overstayer for 9 years 6months and therefore does not qualify for the 14 year concession.
Wrong, 14 year rule is any stay; legal or combo of legal/illegal, or all legal if your where daft enough to not apply for that after 10 years....
Wanderer - do you mean daft enough to not apply? Or daft enough to apply?

Given that they only had 6 months legal stay and would have been refused anyway, thereby scuppering his chances at the 14 year concession - if indeed it survives the immigration overhaul expected at the end of this year..

I meant daft enough not to realise there was a 10 year legal stay rule....

jei2 · Post by **jei2** » Tue Jul 15, 2008 3:29 pm

jes2jes

Thanks for the reminder. I think the 14 year concession was running for a while alongside the 14 year rule and someone slipped through on this via the AIT with an incomplete 14 year period. Now its just the rule. Ah well...

Wanderer,

The 10 year rule wouldn't have applied with only a 6 month visa..

Wanderer · Post by **Wanderer** » Tue Jul 15, 2008 4:10 pm

jei2 wrote:jes2jes

Thanks for the reminder. I think the 14 year concession was running for a while alongside the 14 year rule and someone slipped through on this via the AIT with an incomplete 14 year period. Now its just the rule. Ah well...

Wanderer,

The 10 year rule wouldn't have applied with only a 6 month visa..

Yes, I remember now! Visit visa is not residence - we've been here before!

Cheers for the heads up!

jes2jes · Post by **jes2jes** » Tue Jul 15, 2008 4:46 pm

Wanderer wrote:
jei2 wrote:jes2jes

Thanks for the reminder. I think the 14 year concession was running for a while alongside the 14 year rule and someone slipped through on this via the AIT with an incomplete 14 year period. Now its just the rule. Ah well...

Wanderer,

The 10 year rule wouldn't have applied with only a 6 month visa..
Yes, I remember now! Visit visa is not residence - we've been here before!

Cheers for the heads up!

Visit visa would qualify for the 10 year rule if all the stays within that period has been lawful (i.e. if residency has been continuous without any gaps). Read the IDI and under the section which details temporary admission.

jei2 · Post by **jei2** » Tue Jul 15, 2008 7:48 pm

jes2jes,

Don't let me get pedantic on you !!

mnf441 · Post by **mnf441** » Fri Jul 25, 2008 1:48 pm

i'm on a grunting spree today...

14 years rule is the only way you can apply, 10 years is only if your visas are in order (legally stayed for 10 years)... you'd have to prove that you've been here without a significant away trip to foreign exoticas.... then they'd make you wait for ever!

if you can with a 6 months visa, whether you want to apply for superman status or not, if they've served you notice for you to be buggering off somewhere else, then non of that time served here (after that notice) will count!...

i know... you'd think they'll forget about that slip of paper they sent you years ago, but no... they would rather spend years looking for that piece of bark than spend that time considering the merits of your case...

sorry... baby kept me up all night... have to take it out somewhere!... talk to a solicitor... or immigrations advisor, most first consultations are free!

k

jei2 · Post by **jei2** » Fri Jul 25, 2008 8:05 pm

mnf441 wrote:i'm on a grunting spree today...

i know... you'd think they'll forget about that slip of paper they sent you years ago, but no... they would rather spend years looking for that piece of bark than spend that time considering the merits of your case...

k

Than you mnf441 for making me see the funny side of this business!

sakura · Post by **sakura** » Sat Jul 26, 2008 8:07 am

If the person has good qualifications, he can try applying for tier 1 or for a work permit (although I'm not sure what his current employers would do/think if/when they find out about his status). He should leave and apply for this before the end of the Concession.

It would be much better for him to try and do this, as if the 14-year concession is removed (it is currently under consultation) then he has no chance of applying. Also, he would be able to apply for ILR/naturalisation much quicker this way, than waiting on the chances of an amnesty or the prospect of the BIA retaining the 14yr LRC.

skillipedia · Post by **skillipedia** » Thu Aug 07, 2008 2:23 am

It would be much better for him to try and do this, as if the 14-year concession is removed (it is currently under consultation) then he has no chance of applying

I heard this before: Good qualifications and having needed skills in the UK might help for donkeys' years overstayers.

Is that true?Anybody tried this?

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