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OVerstayed and what now?

General UK immigration & work permits; don't post job search or family related topics!

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Goblin03
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OVerstayed and what now?

Post by Goblin03 » Mon Dec 03, 2012 3:45 pm

Hello, Me and my mum came here when i was 6 years old on a 6 month visa, we overstayed and settled down here i went to school etc, we have been here for 13 years and we were living with my mum's partner, they have now broken up (definitely not getting back together) and he wants us out of this house so we are going to be homeless, he also wants his own daughter out which he dosent care for (my little sister) she is 3 years old, we have no money to pay rent or anything because we are not legal in this country but we have been here for 13 years, we seriously need some help in what to do here.. we have no money for lawyers or anything, how can we get status here and get a home and money for food? Is it possible to get deported without appeal all this time we have lived here? me, my mum and my sister? (my sister is a british citizen she has a british passport she was born here). please help! its not long before we will be homeless!

peppekalle
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Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Mon Dec 03, 2012 7:37 pm

Go to your local law center they will offer immigration advice and they might be able to advice you in the other areas you have indicated.

gollywood
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Post by gollywood » Tue Dec 04, 2012 11:25 pm

I read about these cases now & then, yet get shocked each time I see a new one!

I wouldnt want to be in your family's situation - esp being so young

Makes you wonder how the authorities can let someone go through the system from baby to adulthood. Can I ask, if you had no status, how did you get educated, medical assistance etc etc?

Good luck by the way!

summerlady
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Post by summerlady » Wed Dec 05, 2012 11:26 am

It's quite unfortunate that you and your mum are in this condition.
However I believe it's not straight forward case and I don't think you can get all the answers here. But for starters try getting help from any legal centre, there are some options available for you.
Wish you the best.

KayBernsL
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Post by KayBernsL » Wed Dec 05, 2012 12:52 pm

Sorry for your situation.
However as advised try first your local citizens advice bureau for advice. Meanwhile, as you have been here that long, I do believe you have mixed up in the society and this is now your home despite the HO categorisation of who says this is home or not. I would not advise you to keep your passports far away from you as you can be deported anytime you are found. You however are looking at 2 extra years to apply legally for permanent residence on long stay while illegal. So as you check with legal help, just try to make it to the remaining two years and you will be ok to get Indefinate leave to stay. Otherwise I am sorry for your situation. Cant your mom try to work atleast by any means for the remaining two years? (IF THIS ADVISE IS WRONG, I am sorry but Iam thinking as a normal being not an artificial person made by society). Hope all goes well for you. Regards

mokena12
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Post by mokena12 » Wed Dec 05, 2012 4:33 pm

You have some good news regarding your situation. Go to Citizen Advice Bureau to get yourself a lawyer. Go with your mum, that will help. I know two women who were in the same situation, where they had separated from their husbands, but did not have a permanent stay. They only had 5 years stay on their passports. To have a permanent stay they had to use the baumbast case where the children are british citizens or their fathers are british or from the european union.

Ask your mother to use the baumbast case and she would get her stay without any issues.

Goblin03
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Post by Goblin03 » Wed Dec 05, 2012 8:08 pm

Do you really think we can get deported even though we have been here for so long and my little sister (my mum's child) is a british citizen? , we are going to the home office tomorrow to just tell them our sittuation and see if they will help us out, because we have no other option we have no money

Greenie
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United Kingdom

Post by Greenie » Wed Dec 05, 2012 8:14 pm

You need to listen to the advice given and seek legal advice. Why are you wasting time and money travelling to the home office? They won't help you.

Goblin03
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Joined: Tue Jun 05, 2012 7:12 pm

Post by Goblin03 » Wed Dec 05, 2012 8:18 pm

Ok think we should go to the citizen's advice bearu tomorrow instead? we cant get lawyers we dont have money for that otherwise we would have taken that route

cs95tdg
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Location: London

Post by cs95tdg » Wed Dec 05, 2012 8:24 pm

Goblin03 wrote:Ok think we should go to the citizen's advice bearu tomorrow instead? we cant get lawyers we dont have money for that otherwise we would have taken that route
Yes, you really need to get legal advice. Your local Citizen's Advice Bureau will be a good starting point. You'll be able to find your local one by typing your postcode in the website below:

http://www.citizensadvice.org.uk/index/getadvice.htm

kofi75
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Joined: Sun Dec 23, 2012 6:59 pm
Location: london

you have two options.

Post by kofi75 » Sun Dec 23, 2012 7:09 pm

You have two options.First is to apply based on your right to your private life on the new immigration rules which came into effect after 9th July 2012.Check the UKBA website
Secondly,your mum can apply through the EEA route as a primary carer of a british citizen under the Riuz Zambrano Judgement.that is in relation to your half sister who is a british citizen.But she ll have to prove your sister is dependent on her.Seek legal advice on both option and find out which route to pursue.It is well[/quote]

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