A Very Strange Situation Indeed

[kstjames86]

I was wondering if anyone could give me some advice:

I'm approaching mid-20's now and have been in the UK since I was 5months old (continuous residence, have never left for any period of time). I came into the country on my mothers passport back in 1986 and have never actually had a passport of my own. I believe that my mother was issued a visa on arrival in the UK, which would have given her time to sort out our immigration status but unfortunately she did not do so.
I have no NI number or documents from the Home Office, I was only made aware of the situation when I was 17years old and on the brink of starting university. I contacted the Home Office with regards to the situation but they were not able to confirm my status here in the UK so I was unsure how best to proceed. I have a been educated from nursery age right up to degree level here in the UK and am able to vote. I have an African birth certificate, which I used in conjunction with school certificates and letters of reference to gain my provisional drivers license.
I recently obtained legal advice (via legal aid) as to how I should proceed and was told that I should apply for Indefinite Leave to Remain under the 14 year rule.
I was wondering if anyone could advise me as to whether or not this is the best way to proceed? My application for ILR has been delayed because of the steep application fee; because I am unable to work, it has taken me some time to raise this fee, and because it is non-refundable I want to make sure this is definitely the right course of action to take before I apply...

Sorry about the essay but it's quite a bizarre situation which requires a fair bit of explaining. Any advice would be most appreciated

[vinny]

What leave did you and your mother get when she entered the UK with you? What about your father?

If you were not granted ILE, then applying for SET(O) under Long residence (276A-276D) is probably the best option. KOL is also required.

See also Long residence again.

[kstjames86]

I don't think she got any leave, though she claims to have had right of abode as she came to the country aged 7 from Barbados before it gained its independence. It is my understanding that she had a temporary visa but the pages are conveniently missing from her passport!

Thanks for your advice, I've already taken and passed the Life in the UK test, so I guess the next step is to proceed with the application. Would I be able to apply in person, I don't know if my case is straight forward enough to fit the criteria?

[vinny]

applying for permanent residence on the basis of 14 years' residence;

May be worth applying for her/your SAR file.

[newperson]

I don't think she got any leave, though she claims to have had right of abode as she came to the country aged 7 from Barbados before it gained its independence. It is my understanding that she had a temporary visa but the pages are conveniently missing from her passport!

Thanks for your advice, I've already taken and passed the Life in the UK test, so I guess the next step is to proceed with the application. Would I be able to apply in person, I don't know if my case is straight forward enough to fit the criteria?

Long residence applications based on 14 years of illegal residence are not able to be processed in-person. You will need to do the postal route and be prepared to wait up to a year or two for a result. At a minimum, I would expect to wait about six months. Unfortunately these applications do take a long time, as the Home Office needs to examine your life particulars in detail. Moreover, I also reckon that they don't feel compelled to look upon these sorts of applications as bearing any special priority in comparison to migrants on established spousal, economic or asylum routes. Annoying for you, but sadly true.

However I would put in an application nonetheless. With a new points regime for immigration and citizenship being expanded over the next year or so, there has been some speculation that the long residence routes (both 10 & 14 years) will be removed from the rules. These long residence paths don't really fit the Government's strategies, and they have been itching to slowly get rid of them. So it might be best to proceed now, even if it does include a significant waiting time. Just so you know, once you do get ILR, you will need to wait at least an additional five years before you may apply for citizenship if you are not married to a British citizen; three years if you are. And by that time, you will be subject to the new earned citizenship provisions.

Sorry, that's probably not what you wanted to hear, particularly since you perhaps feel as British as other similarly-aged people around you.

[kstjames86]

Thanks for your advice; it's disappointing to hear that it will take so long, but it's what I expected to hear. Does having a lawyer dealing with the case speed up the process at all (I only ask out of interest as paying a lawyer isn't very feasible at the moment)?
Also, I've looked at the application form and am not quite sure what constitutes as evidence that I can send them, I have all my educational documents (certificates, school reports, exams results etc), would I need to send copies of medical records also? I don't have any travel documents at all so am unable to complete that section of the application...

With regards to the SAR, what information would I need to send? I would like to make one on my mothers behalf as well, I still have the passport that she used to enter the UK, would I need to provide them with a copy?

[kstjames86]

Also,

An immigration lawyer I spoke to painted an extremely dire picture of the whole situation. He told me that both my mother and I could be arrested and detained until arrangements were made for us to be deported, myself back to Cameroon and my mother back to Barbados.
Are there any elements of truth in these statements?
And how likely do you think my ILR application is likely to be successful?

[vinny]

From what you have said, if you are not eligible for the right of abode (see also General Provisions) or ILE, then I think that you have a good chance against removal and with the 14-year Long residence application. Click on the previous links (including SAR) for more details. It's a great pity about the missing passport pages.

If you want a second professional opinion, then contact my friend.