14 years long residence, ILR, dependats(illegal)

[thunder]

Hello, I do apologise for any mistakes in my English, as I am very much under stress at the moment and not thinking straight....the situation is described below:

My husband has been legally here for 14 years as asylum seeker, has been working for more than 13 years paying taxes etc. 4 years ago (when it was 10 years long residence term) he was refused in his emigration case, but not forced to leave the country. He is continuously going for the check up in Croydon 2 times a month. We have met approx.5 years ago, got married in a church (as I have entered the country illegally we couldn't get married officially), have a 13 month baby together. Husband is working at 2 jobs in order to support the family and pay back his student loan which was taken long time ago for education. Now he needs to send a reply to HO with full details of his dependants: meaning me and a baby. What is my chance to be removed from the country? should he hide the fact I'm living with him or it doesn't make much sense as we all have been registered at local GP, baby centres, hospital + baby birth certificate provides both of our names and address?...

Many thanks in advance

[f2k]

what is your current immigration status?

Providing false information might cause problems later, e.g when applying for British citizenship or even lead to ILR to be revoked so in my opinion it is not a good idea to hide.

[thunder]

what is your current immigration status?

Providing false information might cause problems later, e.g when applying for British citizenship or even lead to ILR to be revoked so in my opinion it is not a good idea to hide.

I'm not sure what else except "illegal immigrant" my status is I have entered the country 7 years ago under false ID. Is there any chance I could ever apply for a citizenship if I tell the truth?

[kiwigirl25]

Thunder,

Seek legal advice.

In these situations I would always advise speaking to an immmigration solicitor. As the other poster suggested you need to be honest. If discovered this could lead severe implications for future applications for citizenship and your ILR. Lying about your status could be deemed as a fraudulant application and fraud has severe penalities in the UK. You need legally representation.

Sorry for potentially scaring you but you need to choose between being honest and potentially resolving your situation for good; or lying which temporarily fixes the situation only to have to deal with it again it again in a few years time.

Find a good solicitor!

[thunder]

Thunder,

Seek legal advice.

In these situations I would always advise speaking to an immmigration solicitor. As the other poster suggested you need to be honest. If discovered this could lead severe implications for future applications for citizenship and your ILR. Lying about your status could be deemed as a fraudulant application and fraud has severe penalities in the UK. You need legally representation.

Sorry for potentially scaring you but you need to choose between being honest and potentially resolving your situation for good; or lying which temporarily fixes the situation only to have to deal with it again it again in a few years time.

Find a good solicitor!

Thanks for the advice! I am not exactly worried just about my future but my husband's and the baby's. If my situation is going to affect the ILR for my husband I don't want to spoil it, and ambetter not to be mentioned or found. Of course it would be great to get advice from a good solicitor, but seems to me that we are just paying lots of money for that and not receiving any, that's why I came to seek help in this forum

we need to send reply tp H.O.in a couple of days(case resolution centre- something like that)...

[kiwigirl25]

You will find that you will get very little or no advice on this board on how to retain your illegal status by use of deception.

A good immigration solicitor's initial consulation will be free. I used Mulberry Finch and I had a every informed initial consulation .... free and with an OCIS qualified solicitor. There are other solicitors out there that will offer a similar service. Always be wary of a solicitor that asks for money up front.

[bbbb]

Hello

Of course ur situation will affect his application.

he has 2 options
1) He doesn t mention u and the baby , when He gets his ILR , U go back and apply in ur home-country. ur application will be strong

2) He mentions u . u may face a deportation or it is more likely the HO asks u to go back in ur country to apply for spouse visa. Take into account that is application will take a little bit longer to be dealt with

In either case , He must tell them he is married.

Anyway after 14years he will not deported.

[kiwigirl25]

Anyway after 14years he will not deported.

I'm afraid that is not entirely correct. The 14 year rule does not guarantee that the person applying under this rule will be able to stay. Their application is considered the same as anyone applying under any of the other ILR options; it can be easily rejected as it can be accepted.

It is not guaranteed that anyone can remain in the UK until they receive an acceptance from UKBA. Only the UKBA can make this decision it is not for you or anyone else on this board to say.

This is quoted direct from UKBA guidelines regarding the 14 year rule:

However, immigration history is relevant to the 14 year rule. Clearly, it would not be appropriate to refuse leave on the grounds of conduct simply because the applicant is an overstayer or illegal entrant, as that would defeat the purpose of the rule. However, the rule is not intended to reward people for their success in evading, or failing to co-operate with immigration control. Therefore, any deliberate or blatant
attempts to circumvent immigration control, e.g. by absconding, contracting a marriage of convenience or using false documents (this is not an exhaustive list), may well mean that it is not in the public interest to grant leave.

[f2k]

Does the questionnaire / form ask for your status?

In any case I still think he needs to be honest. Being dishonest could lead to all of you being in serious trouble. I would like to believe that they do treat each case on its own merits so your husbands case should be dealt with based on what he has done not anybody else as long as he has nott been dishonest.

If he is approved then he there will be a chance for you to regularise your stay. it may very well be difficult but you will be in a much bettter place than you are now

[kiwigirl25]

Does the questionnaire / form ask for your status?

In any case I still think he needs to be honest. Being dishonest could lead to all of you being in serious trouble. I would like to believe that they do treat each case on its own merits so your husbands case should be dealt with based on what he has done not anybody else as long as he has nott been dishonest.

If he is approved then he there will be a chance for you to regularise your stay. it may very well be difficult but you will be in a much bettter place than you are now

Thunder

This is the best advice so far... and is basically what I was trying to say in my PM

[thunder]

Yes, that's something already!

thank you all for cooperating, hopefully will get some sleep this night

[bbbb]

U , guys, r so funny u don t even know if the questionaire asks for her statut. The answer is yes ( it asks for her husband s dependants' statuts and their HO references numbers)
I unterstand u don t want to jeopardise ur husband s application. It is about ur husband not u.
If u don t mind about waiting for a long time , put ur name and ur son.

Search for a sollicitor and let us know what she/he says pls

@kiwigirl : The Ho would not wait for 14 years and send an asylum seeker back in his country. He is more than settled in this country.

[thunder]

sorry BBB, i thought you've checked the posters above...yes, they do ask about the dependants, their adress together with emigration status....unfortunately....small questions but so hard to answer

[kiwigirl25]

bbbb - it is about her and her family, how could you even say such a thing. If her husband is caught lying then the implications are so great for the entire family. They could be torn apart. How could you wish that on any family? UKBA will check the address for other residents, thunder might be lucky and they won't carry out further checks on her. But they will question why the husband didn't declare his dependants.

I think you are also being naive about the 14 year asylum seeker. There have been recent cases of 14 year applicants being rejected, however they do get FLR or the right to appeal. They are not removed immediately. I lived here for 17 years and have applied for my ILR, there is still a strong chance I could get rejected and removed.

Thunder - I wish you all the very best and I hope it works out in the end. Please take my recent advice about the solicitor.

[bbbb]

Does the questionnaire / form ask for your status?

I checked the posts above , was Just answering that question.

I think you are also being naive about the 14 year asylum seeker. There have been recent cases of 14 year applicants being rejected, however they do get FLR or the right to appeal. They are not removed immediately. I lived here for 17 years and have applied for my ILR, there is still a strong chance I could get rejected and removed.

U stated that her husband s case is not that strong, now if u add her and the baby (really young ) will her husband s case be weaker or stronger??. without ur husband's ILR . her and her baby have not cases and no statuts

I gave you 2 options, Now DO WHAT U WANT and I advised u to go(hoping ur husband will take some time off his jobs) and see sollicitors and let us what they will tell u.
Deal???

[mochyn]

bbbb - it is about her and her family, how could you even say such a thing. If her husband is caught lying then the implications are so great for the entire family. They could be torn apart. How could you wish that on any family? UKBA will check the address for other residents, thunder might be lucky and they won't carry out further checks on her. But they will question why the husband didn't declare his dependants.

I think you are also being naive about the 14 year asylum seeker. There have been recent cases of 14 year applicants being rejected, however they do get FLR or the right to appeal. They are not removed immediately. I lived here for 17 years and have applied for my ILR, there is still a strong chance I could get rejected and removed.

Thunder - I wish you all the very best and I hope it works out in the end. Please take my recent advice about the solicitor.

I would follow Kiwigirl25 advice on this matter as she has hands on experience

[alikhan28]

Hi

My question is how it would make difference as his husband has not a legal status yet.So what the point hiding this information?

So I belive hide nothing and be honest.If her husband gets ILR they would get automatically ILR.

If they try to hide this information they have to wait long for ILR.

Indeed get some professional advice from a good solicitors.


Ali