critically in need of help

saadinov · Post by **saadinov** » Tue Feb 13, 2007 6:35 pm

Hi all,

I would be very grateful if somebody can provide some constructive advice.

We have been living in the UK for 10 years, me and my wife, as overstayers. 3years ago my wife got pregnant (unplanned pregnancy) but we had not only 1 baby but three babies.(triplet)

Our lives got very difficult and since we were just surviving. We never got any help or support from anybody except our work. but my wife is unable to work because of the babies. Last week I lost my job because of mass redundancy. So now I am against the wall. I don't know what to do or where to go. There is no family here. We are honest working people and we never caused any trouble. we want to regularize our situation but I don't know how.
We had some hope when we heard that the government is considering an amnesty but it was ruled out.
I heard somewhere about the 10yr and 14yr concessions but I don't know what are the conditions for the 10yr concession.
I could see there are some experts in the matter in this forum, so can somebody please give some advice?

Thank you.

Dawie · Post by **Dawie** » Tue Feb 13, 2007 7:11 pm

I'm afraid the 10-year concession is only if your entire 10 year stay in the UK has been legal. The 14-year concession is the one you're after, but of course you fall a few years short of that at the moment.

As it stands at the moment the only way to "regularise" your status is to leave the UK and go back to your home country and try to apply in some other category for entry clearance.

Are you eligible to be sponsored for a work permit perhaps? Or do you qualify for an HSMP visa? If you can qualify for one of these you would be able to "regularise" your status by you and your family returning to your home country and then applying for entry clearance at the British Embassy there based on your work permit or HSMP visa. After you have all obtained your entry clearances you would be able to return to the UK.

You might try appealing to the Home Office on human rights or humanitarian grounds, but judging from other people's experiences on this board, this is unlikely to succeed, especially if it is safe to return to your home country.

Do you mind sharing which country you are from? The answer to that question might reveal some more options for you.

irene123 · Post by **irene123** » Thu Feb 15, 2007 4:13 pm

As it stands at the moment the only way to "regularise" your status is to leave the UK

Out of curiosity, when an overstayer leaves the UK let's say, through Gatwick airport, what will he encounter at airport security?

I was told by an IAS advisor that an overstayer would not be arrested at the airport but she could not tell me what will likely happen when someone passes through security....

Jeff Albright · Post by **Jeff Albright** » Thu Feb 15, 2007 7:13 pm

irene123 wrote: Out of curiosity, when an overstayer leaves the UK let's say, through Gatwick airport, what will he encounter at airport security?

Exactly what everyone else does. What business security will have to overstayers?

I was told by an IAS advisor that an overstayer would not be arrested at the airport but she could not tell me what will likely happen when someone passes through security....

The answer is self-explanatory - will scan your bags, yourself and if nothing found - wave through.

Jeff Albright · Post by **Jeff Albright** » Thu Feb 15, 2007 7:19 pm

saadinov wrote: We have been living in the UK for 10 years, me and my wife, as overstayers. 3years ago my wife got pregnant (unplanned pregnancy) but we had not only 1 baby but three babies.(triplet)

Wow! Congratulations. It does not happen very often.
Regarding regularisation, it depends on your circumstances. You might try to apply to remain on compassionate grounds basing on the length of your residence and your family.
However, your chances will be diminished if you knowingly overstayed and did nothing to regularise your status for 10 years.
It may (MAY) be that you have some grounds to remain, if the Home Office found that it would be unduly harsh to relocate you back to your country due to your large family. However, it is quite a high threshold to reach. It is extremely difficult nowadays to win Human Right applications and appeals.
You need an experienced human rights lawyer. As you are on a low income, you will qualify for Legal Aid.

Good luck!

saadinov · Post by **saadinov** » Thu Feb 15, 2007 7:32 pm

Hi Dawie,

Thank you for taking the time to answer to my post.
My country of origin is Morocco.
There are some personal serious social problems that prevent me from going back.
And even if I go back, accepting my application by the British authorities is like an impossible mission.(really!)
The situation has changed a lot since I came her.
I want to ask you about the humanitarian grounds you talked about, I don't know if what I am going to say can help.
My 3 babies were very premature when they were born, and consequently they have some major health problem. 2 of them are disabled, one with cerebral palsy, he can't walk and he needs physiotherapy twice a week and speech therapy once a week.
The other one is deaf and he needs hearing aids testing every month
and speech therapy every week. 2 of them had heart operation and need follow up. One of them is having breathing problems like asthma because of the chronic lung disease he had when he was born.
So do you think the home office can take in consideration these facts?

Best regards

saadinov · Post by **saadinov** » Thu Feb 15, 2007 7:50 pm

Hi Jeff,

Thank you for answering my post. Knowing that there are people who unconditionally care is a big moral help!
Do you know of any human rights lawyer I can contact ?

Best regards.

darksquid · Post by **darksquid** » Thu Feb 15, 2007 8:24 pm

I do not have any advice to offer, but I just wanted to say that I sincerely wish you the best, saadinov....for yourself, your wife, and your precious babies. Taking care of one healthy baby is one of the hardest jobs in the world - taking care of three babies with special needs, on top of the uncertainty of your immigration situation must be a very immense trial for you and your wife.

May you find the assistance you need, and may your lives be blessed.

saadinov · Post by **saadinov** » Thu Feb 15, 2007 9:00 pm

Hi Darksquid,

Thank you for your words of support. I think you understand the burden on my shoulders. Hearing your words of support are very important in these difficult moments we are living (quietly!).

Kind regards

Jeff Albright · Post by **Jeff Albright** » Fri Feb 16, 2007 9:29 pm

Good Human Rights Lawyers do not do Legal Aid work, unfortunately. There is one really good solicitor - Trevor Wornham - www.wornham.co.uk but he only does private work.
You might try to go to your local CAB and they will give you the list of local lawyers.

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