Overstayer, Any possilbility of amnesty in the future

[Rawling]

Hi Members, Very interesting website and valuable advice. I am overstayer my visa finish 4 years ago. I was sent right to appeal and 28 days to leave the country.

I have been here since then because i had good job. But march this year they ask everybody to provide passport or leave. So i am jobless at the moment.

I have been here for total of 8 years. No criminal records or claiming any government resources.

1. I have only got sister here who is british citizens and we have been living together for almost all this time. She was born here and i was born in Africa. Can i ask right to stay here on the ground of i have got family member.

2. What do you reckon guys do you think amnesty will ever be offered to within the next 2 years for people who have been here illegally more than 7 years. Or they will depot all of us about 500,000.

3. If i want to leave what is the procidure. Do i have to go to embassy ask for passport.

4. If was to be deported do send to police on my home country or your are free as long as you reach your country.

Please help and thank you for your advice.

[Jeff Albright]

I have been here for total of 8 years. No criminal records or claiming any government resources.

That is not sufficient in terms of immigration.

1. I have only got sister here who is british citizens and we have been living together for almost all this time. She was born here and i was born in Africa. Can i ask right to stay here on the ground of i have got family member.

You can but the chances are almost nil. If you were married and had a child and were not illegal, then it would have been worth a try.
Since you are illegal, your removal will always be treated in accordance with the law. It is only in the most exceptional circumstances that it will be disproportionate. You do not have those circumstances.

2. What do you reckon guys do you think amnesty will ever be offered to within the next 2 years for people who have been here illegally more than 7 years. Or they will depot all of us about 500,000.

They tried to speak about (Byrne) it but were forced to do a U-turn after pressure from public and media. You know British mentality and stubborness, don't you? I don't think there will be any amnesty. Not in our lifetime.

3. If i want to leave what is the procidure. Do i have to go to embassy ask for passport.

This is the first thing you do. Then just leave, preferrably trough small airports.

4. If was to be deported do send to police on my home country or your are free as long as you reach your country.

You will not be deported unless you have been sentenced to an imprisonment for 12 months or longer.
It is unlikely you will be removed, either, unless you come to attention of the authorities for any reason.
The best way is to find out which immigration category (leading to settlement) you qualify under, then leave the country, get a visa and return. You can try to apply under Highly Skilled Migrant category if you do qualify or get your employer to sponsor a Work Permit for you. Alternatively, you are locked up here for another 6 years.

[Rawling]

Hi Jeff Albright,

You have no idea how helpful is your reply. Thank you very much. I don't think i can hang on in this country for further 6 years with this kind of struggle. Anybody with similar experience how do you cope with the situation?

Jeff suppose i work somewhere and then get caught working illegally. Do they put your in prison or detention centre waiting to be deported. I have heard that you can get 3 to 6 in prison for working illegal before being deported.

[Rawling]

The other thing is since i am jobless for now (almost 9month) i haven't been able to pay a lot of outstanding commitment. Barclays, BT, Aol, Halifax, and other bills all of them totaling about £4000. CCJ's will they not make me come into attention of Home office(immigraton)

Thanks.

[Rawling]

Any idea?

[Jeff Albright]

You have no idea how helpful is your reply. Thank you very much.

I wish I could really help, but can't... in the similar situation myself...

I don't think i can hang on in this country for further 6 years with this kind of struggle. I am 28 years old but i think i have heart problem and i am loosing all my hair fast.

I am not a doctor but sorry to hear about that. Is heart and hair connected together somehow? Don't know but I do recognise your situation. Even being legal makes it extremely hard to live in this country. Too much stress, too much work for too little money. Basically you sell your life for nothing.

Too much worries. Anybody with similar experience how do you cope with the situation?

I am in the same situation, the only difference that I am not illegal. And I am planning to leave soon anyway. While I have a job and career here, the quality of life is very poor.

Jeff suppose i work somewhere and then get caught working illegally. Do they put your in prison or detention centre waiting to be deported. I have heard that you can get 3 to 6 in prison for working illegal before being deported.

Repeat again - you will not be deported. You will be administratively removed. I do not know how long you can spend at detention centre but it will probably be as long as they have to get you a travel document or you may not even be placed in detention. Because you have been here for 8 years they may serve One Stop Notice first to enable you to lodge a Human Rights Application. If that is refused, you will get IS151A and IS151B but may still be able to appeal. It is unlikely you will win your appeal so I wouldn't waste my time if I were you.

[Jeff Albright]

The other thing is since i am jobless for now (almost 9month) i haven't been able to pay a lot of outstanding commitment. Barclays, BT, Aol, Halifax, and other bills all of them totaling about £4000. CCJ's will they not make me come into attention of Home office(immigraton)

You will only come to attention if you were declared bankrupt.
Bills, debts - cannot advise you on this but if you leave the UK it will be extremely difficult for them to pursue these (and expensive) if you are abroad.

[antontony]

On the medical side, there is a well known case on D (St. Kitts), who won her appeal because she was terminally ill.

To prevernt a flood gate of similar medical claims he Home Office refused a case of N (Uganda) and made it very clear that the Home Office would only allow overstayers, illegal entrants etc who are terminally ill and whose return to their countries of habitual residence would certainly fall under the defenition of Art 3 ECHR (inhuman and degrading treatment).

Vertually speaking, D was daying from AIDS when she won her appeal, which is now a caselaw...

Bottom line - you will NOT succeeed in your medical claim with the Home Office...

[antontony]

There will be NO amnesty as the UK is now well supported by the EEA workers with Romania and Bulgaria to add their people in just a couple of weeks time...

[Rawling]

Hi antontony,

Thank you for your reply. I ll never apply ILR on the medical ground as i no have basis whatsoever. I am fit individual never been in hospital apart from registration throughout my time in this country. My problems really is worring too much and huge amount of stress. I also put all my saving on business with my patner which didn't work out. £12,000 down the drain in June. All these factors increases pressure on me.

If i was ever thinking of trying i will go for HSMP as i have proffesional qualifications in marketing, IT and accounting. Plus i have been working for 4 years as Assistant manager of a department in a multinationals company. My record there is very good. But i don't think i have enough ground there as well.

Anyway if i go back home my worries will at least stop to exist as i will be free and i make something with my life with totally freedom.

The things which makes me worry is cannot provide for my family (parent and some brothers and sister),myself,letters from creditors and phone calls threating this and that.

I used to get £30,000 a year but now i got to do with £0 income.

Anyway i have got no stomach for fighting with home office as my chance of winning is close to zero. As soon as i raised decent fund i will be off.

I have got girlfriend here but really once i am gone i ll never try to come back here as i have already spend enough time over here 8 years and acquire some qualification and experience.

If i cant get decent job over there. I try to do business over there something to do with China, Dubai, South Africa or Japan.

I have also hear there are some countries in africa which you can get decent job if you have good qualification like Botswana and Namibia.

Anyway thanks for your contribution.

[Merdok]

Hello Rawling!
I am in a similar situation as you are, except that l cannot go to my home country, I am a refugee, although in HO records - a faild asylum seeker. No work permit, no benefits, no responce from HO, no terminal decision on my case... no nothing for years! So how do l cope and survive? I found that underworld can pay off quite well.

There wont be no amnesty whatsoever, and an increasing number of people find themselves in a similar life threatening situation. What they do? One went for drug dealing, another for contract killing (cannt do that, I am a vegeterian and pacifist..). Noe they laugh when they tell someone that all they could dream of was a factory a lab work!!

But you can go back home, and with all your experience in your CV be much better off than you could ever be here!!! It is all about quality of life. Even with a lower income in Uganda, but with wages of top management or own enterprise, you will afford yourself a decent house, or even more than one, your own land, posh cars, etc.. Not to mention the feelings of being in own contry, talking to own people..

[Jeff Albright]

You have experience in import/export, so you'll probably find something in a smuggling field.

Whilst I do acknowledge what you are advised is probably the way to survive in such a situation but the solicitation is against the rules of this forum and also against the law in this country.
Getting yourself into trouble and becoming a criminal is not a solution. This will lead to imprisonment, deportation and ban from entering the UK and also all the other countries in the world.

Think carefully before even thinking of doing anything of this kind.

[Rawling]

When it would be compulsory for your passport to be checked when exiting uk. I have heard when they intoduce biometric borders sometimes next year or 2008. I would prefer to leave before that time provided i have raise enough fund. Any Ideas?

The other thing i would like to know is if say i got new passport it will obviously be without visa. Will travels agency (Airline companies) be willing to sell to me a ticket.

[Rawling]

When it would be compulsory for your passport to be checked when exiting uk. I have heard when they intoduce biometric borders sometimes next year or 2008. I would prefer to leave before that time provided i have raise enough fund. Any Ideas?

The other thing i would like to know let's say i got new passport it will obviously be without visa. Will travels agency (Airline companies) be willing to sell to me a ticket.

Anybody know the answer to these questions please. Your answers are much appreciated.

Rawling

[Biggie]

Rawlings,

Airlines, travel agencies or subsidiaries will sell you a ticket. They do not check for UK visas in the passport on departing the UK. Although they will check that you are not travelling on an expired passport. As you are Ugandan and will be using your Ugandan passport to go to Uganda, so no problem. Only Immigration will if they are checking people after check in and security.

Biggie.

[Rawling]

Cheers Biggie. Your reply is much appreciated.

[londonkinani]

dont worry no one ask for visa i have also sent u a pm

[Rawling]

londonkinani,

Thank you very much for the valuable information and take the time to pm me. Your help is very much appreciated.

[Rawling]

Merdok,

Thank you anyway for trying to help.

Regards,

Rawling.

[bleak_future]

Hi Guys,


Thank the Creator for the internet and its resources which allow a forum of this kind to operate and offer fabulous advice. My mum heard from a friend of hers that there is an amnesty coming into play pretty soon maybe late 2007. Did she hear correctly or is she been told fibs.

I have been living here illegally since April 1999. Have I got any options at all?

I appreciate your honest replies.


Regards

bleak_future

[da1]

Hi Guys,


Thank the Creator for the internet and its resources which allow a forum of this kind to operate and offer fabulous advice. My mum heard from a friend of hers that there is an amnesty coming into play pretty soon maybe late 2007. Did she hear correctly or is she been told fibs.

I have been living here illegally since April 1999. Have I got any options at all?

I appreciate your honest replies.


Regards

bleak_future

Posted: Fri Jun 17, 2005 7:40 pm Post subject: SHOULD I JUST GIVE UP AND AND CONSIDER MYSELF FINISHED?


Your last post

--------------------------------------------------------------------------------

I have a issue which is disturbing me badly and I really want to make the right decision if there is one.
Everything I am telling you is the truth so feel free to tell me what an idiot I was for getting myself in this predicament. Naivity and "under"standing (not overstanding) always bring with it a price to pay. I am exhausted and have even considered taking my life because I feel as if all is lost. I would like to know if there is any possibility of a miracle out there to help me.

I arrived in the UK in April 99 on student visa. I attended college for about 3 months then after which my Guarantor had unfortunate circumstances and couldn't afford to sponsor me anymore financially. I then moved on to get a full time job, but took some wrong advice and worked under a different name. Before I had actually left the college I had actually sent off an application through a solicitor who subsequently moved office and then me foolishly not following up the application. After that I pretty much just kept on using the same name and working to look after myself. I have no family here and the fmaily that I do have abroad are all split up. If I went back I would have no job, no money, nothing over my head, no sanity, no life. I locked it from my head for years choosing to not think about it. Recently however I have met the most wonderful girl ever. She loves me and I love her. I don't mind voluntaring to go back and getting married but I am scared that I won't be able to see her again and I would be back to stage 1.
I don't how I would cope not been allowed back into the country and been able to see her again.

I managed to get my passport back from the solicitors along with a letter that said thaI had the "right to appeal against the decision to refuse me right to stay under a extended student visa"

I woudl like any advice I can get.

Can I marry?

Would it be deemed as legal if I was married to a British Natioanal?

Could I get married to her abroad?

Am I completely screwed?

My dad was once a citizen of the UK. Could that help my case?

I haven't been using mthe name I entered the country with as in the example.....Jon instead of John?

HELP!


Regards


R


Hi Bleak_future

Your post from back in June, is this still the case?
I.e. Getting married, going back home. etc

Not to sure about what your mum heard, but i will have a search for you and if i find anything i will message you.

Regards

D

[da1]

Check this webb site out!.....

http://amnesty.org.uk/content.asp?Categ ... 682#action



Amnesty International is calling on the UK Government to ensure that:

- No rejected asylum seeker in the UK is forced into destitution. They should continue to receive financial support and accommodation with the same entitlements and rights as provided during the asylum process or given permission to work until their situation is resolved

-A temporary renewable status is granted to rejected asylum seekers who cannot be returned voluntarily or otherwise to their country of origin for reasons beyond their control within six months

-A temporary renewable status is granted to rejected asylum seekers who have proved not removable for a number of months and where through no fault of their own there remains little prospect of their removal

-A legal status is granted to rejected asylum seekers who have been in the UK for a number of years, due for example to a long asylum procedure

[bleak_future]

Hi Bleak_future

Your post from back in June, is this still the case?
I.e. Getting married, going back home. etc.



Yes this is still the case.

Have you got any ideas?

Regards


R

[da1]

Well to be honest, there are not really many options for you and the one you chose to make will have a huge effect on your life.

Getting married for any one is a huge decision to make, and really it's your best option for you and your partner if you want to stay together, and if you both want to get married.

Does your girl friend/fiancé know about your situation?
How does she feel about it all and your options?

I don’t really know the inn’s and outs of your life, but I do know you will really need to dedicate some serious time and thought into want you want to do.

To go back to your birth country, and start again might be a good option too, but really you need to decide what is best for you and what affect it will have on you in the long run, I know it’s hard to see the future and how it will work out for the best both getting married or going home, but you must make something positive out of what ever you decide to do.

Have you considered the idea for you and your partner to get married in your birth country, so you could always go there for a holiday season/decision time and then you will know at that point what decision you will have to make, maybe something will make your decision for you.

You will need a lot of time to sort the paper work out, like i said dedicate some time to sort this out.

Did you read the link above that I posted?.....People offer advice also on that web site.

I know I haven’t really got the relevant information for you to sort out the problem, i.e. legal side and immigrations laws, but by the sound of things from your post in June you need to make the final decision in your life.

Hope I have helped in some way, keep in touch.

Peace Brother

[Merdok]

Hi bleak_future!
Your future is not in fact is so bleak . You can marry your girl without leaving this country and HO IND is obliged to accept this! According to the HO IND quidance, you need to apply for Certificate of Approval to get married, and with this u go to registar and marry with your passport. As an overstayer, u are bound to receive this! 100%.

Me, as an asylum seeker, is not eligable for this. I've been in this country for 5 years, my case is still being considered, l have no right to work... and basically l have no right to get married, as it turned out.. But had l been an overstayer.. - that according to personal explenation from HO caseworker, and l saw it on IND web site.. and a lawyer put it like that.. They also wont be able to remove u..

Best of luck!!
War!!!!