Illegal Here 17 Years! ILR or DLR!

[CheapFish]

Hi All,

I arrived in the UK on the 1st of April 1993 from Zimbabwe on a six month visitor visa and was 17 at the time. I overstayed from that time up to now (2010.) The passport I came with has since expired (1994) and had a picture of me when I was 8 years old. I am now approaching 35 and have been here for 17 years.

I am in a relationship with a British citizen and we have been together for 10 years now. We have a son who was born here and is now 7 years old. We are not married, and would have got married if it was not for my status in the UK. I am named on my son’s Birth Certificate and we applied for a British Passport for him to go on holiday with his mum this year. My son is British no question.

I have worked in the UK from 1994 up until November 2009. I don’t and have never claimed any benefits. I have payslips and documentary evidence (i.e. Bank Statements) of my stay in the UK. I have never left the country in all my 17 years here. I am an IT professional and my partner has never worked as she suffers from

I visited the Immigration Advisory Service (IAS) earlier this year with my current partner and I was advised that I needed to do the Life in the UK test before they could lodge an application for ILR with the Home Office. The application for ILR would be done on the 14 year stay rule. I went to my local test centre and was informed the picture in my passport was too old and I would not be able to do the test. I have no other means of Photo ID.

I went to the Zimbabwean Embassy and got all the necessary forms to apply for a new passport and sent these to a relative in Harare to get them processed for me. The passport office in Zimbabwe has asked me to get a letter from the Home Office stating that I am not a British citizen due to the length of my stay. I am afraid to contact the Home Office asking for this letter as this could commence deportation proceedings. Any help on this?

I have since been back to the Zimbabwean Embassy but they are of no help at all and I don’t know what to do about getting a new passport. I literally do not exist as the Zimbabwean Embassy does not want to help.

I have been back to the IAS and was informed that if I could not do the Life in UK test I could apply for the Discretionary Leave to Remain. What are the Pros and Cons of applying for the DLR?

I have heard that the DLR application will invalidate my 17 years stay? What is/are my best options?

I currently supplement my savings by doing gardening, painting and decorating and eBay sales. My partner’s family also help us and have been very helpful.

Please feel free to ask any further questions with regards to my matter. Please note I informed my partner of my illegal status when we decided we wanted to start having a family so I am not a wrong ‘un.

Regards,

CheapFish
London

[JAJ]

Maybe try another test centre? A passport can be out of date and someone else may have more sympathy ...
http://www.lifeintheuktest.gov.uk/htmls ... ng_10.html

[GSOtodd]

I don't mean to be rude but personally I don't think he/she should be allowed to stay. Why, we burst our guts playing the immigration game the legal way.

[John]

GSOtodd, I think you need to appreciate that the Government has decided that the Immigration Rules include making a 14 year application for ILR, and anyone in the UK for that length of time can apply. That is the law, like it or not.