Please help DLR No permission to work

sana-noshi · Post by **sana-noshi** » Sun Feb 17, 2013 3:19 pm

Please help me with any accurate advice, me and my family is in very critical situation.

Me, my husband and 3 children have been in UK for the last 12 years. All of my kids schooling have been done in UK, now they are in high school. The eldest will be going in college this year. We have not been legal in UK during this time. My husband made application on human rights ground in 2007 but that was refused. But my husband was put on reporting to immigration center every month and we were given temporary admission but no permission to work. Our solicitor did not make any appeal on that. Another solicitor made application in support of previous application but we didn't get any response for 4 years. In spite of that our solicitor sent reminders to HO several times. We had no idea whats going latest on our case. My husband has been going for reporting regularly. After this long time, we got another solicitor who got copy of our immigration record from HO and said we have no application outstanding there. He sent a fresh application for DLR on the basis of our children's long stay. which is still pending at HO, we have received acknowledgement from them but it has not been decided yet.

These 12 years have been a nightmare for us cos of having no permission to work. Anyone can understand how difficult it is to survive with 3 grown up kids. Our solicitor has given reminders to HO for being deciding the application quick keeping in view the family situation but still no answer.

I just wanna know what shall we do, my husband can not work, we are going through very miserable situation, mentally he has almost become a physic. Before a couple of friends were helping, my husband was also doing some part time work but that can fulfill the expenses specially with grown up kids. Someone has advised to go to citizen advice bureau but I dont think they might be helpful.

Please help me with sincere advice, do we have any option of state benefits or any other way.

Post by **Obie** » Sun Feb 17, 2013 5:03 pm

Was any of the kids born in the UK? and if the answer is yes, how old is the oldest one that was born here?

sana-noshi · Post by **sana-noshi** » Sun Feb 17, 2013 5:13 pm

Thanks Obie. My youngest son is born in UK he is nearly 8 years old now, whereas the other 2 kids were quite young when they arrived in UK. The eldest was 4 years and middle one was 2 years old, now they are 16 and 14 respectively. The eldest is in year 11, middle one is in year 8 whereas the youngest who born here is in year 3. All kids have schooling in UK.

nazreen12 · Post by **nazreen12** » Sun Feb 17, 2013 9:37 pm

Hi Sana noshi,
Get your MP involve in it .Explain everything to your MP im sure he will sort something out for because its a matter of your living and children.

Nazreen

sana-noshi · Post by **sana-noshi** » Mon Feb 18, 2013 12:35 am

Hi Nazreen12, I have already spoken to my solicitor in this respect but he says that its not very long delay in my application cos it is made 9 months ago, so he says that if the case has exceptionally long delay then MP should be involved. But even then it doesn't sort out our problem. Because involving MP will again take sometime and our urgent problem is living. On one side we have no permission to work and on other my husband is mentally so down in 12 years time. Atleast our living should be solved in days so that one pressure come off.

wiggsy · Post by **wiggsy** » Mon Feb 18, 2013 6:27 am

Your child who was born in uk can become a bc... Not a short process, but once done, u n husband would have a derivative right of residence... Which allows u to live n work here...

What is ur status in uk? U mention husband, but not u... R u on is96 too?

Gl.

But this was our biggest problem. You cant claim benefits. Fine.... "Let me work"

They wont let u work, because it helps build an article 8 claim if your independent .... I finally got my wife permission to work in the uk... Based on her being mother top 2 bc children. Trying to remove is96 now... Based on it being an administrative removal document... If they don't remove it then they are breaching eu laws whereby the parent of a bc child has s derivative right of residence

get mp involved... He won't do much, but it will get to a senior caseworker...

And it gives the impression u will take it higher... Ie echr...

Also, be prepared that They will wait til past april to refuse... As no legal aids means no court case for appeal for most ...

Post by **Greenie** » Mon Feb 18, 2013 8:08 am

wiggsy wrote:Your child who was born in uk can become a bc... Not a short process, but once done, u n husband would have a derivative right of residence... Which allows u to live n work here...

What is ur status in uk? U mention husband, but not u... R u on is96 too?

Gl.

But this was our biggest problem. You cant claim benefits. Fine.... "Let me work"

They wont let u work, because it helps build an article 8 claim if your independent .... I finally got my wife permission to work in the uk... Based on her being mother top 2 bc children. Trying to remove is96 now... Based on it being an administrative removal document... If they don't remove it then they are breaching eu laws whereby the parent of a bc child has s derivative right of residence

get mp involved... He won't do much, but it will get to a senior caseworker...

And it gives the impression u will take it higher... Ie echr...

Also, be prepared that They will wait til past april to refuse... As no legal aids means no court case for appeal for most ...

and another! Rambling on about your own issues again when they are not relevant to the op's post. The child born in the UK cannot become a British citizen until he is 10 or until either parent has ilr. If you read the op's post you will see that all on the family have no status.

wiggsy · Post by **wiggsy** » Mon Feb 18, 2013 1:14 pm

Greenie wrote: and another! Rambling on about your own issues again when they are not relevant to the op's post. The child born in the UK cannot become a British citizen until he is 10 or until either parent has ilr.

OK, Greenie, Have I done something to upset you here or something?

I have tried to help people... but seems I am being attacked for some reason?

I was simply trying to help the OP. My situation may not be entirely the same, but mine and my wifes experiences can possibly help the OP.

Obviously, a child who is born in the UK and has spent the first 10 years of their life in the uk is elegible for BC at that point.

however, this is not entirely the end of it... BC can also be given to children who dont quite fit that bill..

http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

If the child manages to aquire BC then the parents would have a Derivative right of residence. - Irrespective of their own natationality. - It might be worth looking into - and I even noted that it wouldnt be a fast solution...

Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens

Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.

Now I ask, is that not useful information which COULD help the OP?

Greenie wrote:If you read the op's post you will see that all on the family have no status.

My husband has been going for reporting regularly

Usually ALL would have to report to the UKBA... not simply one member of the family... hence me asking if she is reporting, and if not, is there a reason for this (something that could possibly be used for a case which falls outside of the rules).

sana-noshi · Post by **sana-noshi** » Mon Feb 18, 2013 1:35 pm

Thanks wiggsy and greanie.

Its only my husband who is on IS96 and regularly reporting for the last 6 years. But we all family members are on temporary leave. As the IS96 states 'No right to work' is for my husband.

But indirectly I am in the same boat as well because I have no written evidence to work, neither passport or NI cos of our previous status. If I apply to work anywhere I will be asked all these docs to prove my eligibility of working. And possibly applying for working permission to UKBA may result in refusal. I assume that if my husband doesn't have permission to work it applies on me for being having no status. Thanks for child's bc tip.

As mentioned earlier solicitor doesn't agree for MP involvement at this stage cos its 9 months of DLR application being pending. Don't know how long its more gonna take.

wiggsy · Post by **wiggsy** » Mon Feb 18, 2013 1:53 pm

sana-noshi wrote:
As mentioned earlier solicitor doesn't agree for MP involvement at this stage cos its 9 months of DLR application being pending. Don't know how long its more gonna take.

you dont need to go to MP via your solicitor.... but if he has given you a real reason for not contacting them then fine,,, but 9 months of not having money ETC is too long for a family...

either: www.writetothem.com or http://www.parliament.uk/get-involved/c ... g-your-mp/

The mps are there to serve the public (whilst some will say British public - if your going to be working, you will be paying taxes and therefore their wages)
Speak to your solicitor and ask if there is a reason not to contact the MP which is substantial... It cant hinder you really, so any hope is extra hope?

sana-noshi · Post by **sana-noshi** » Mon Feb 18, 2013 3:11 pm

I had asked the reason. He says the time application sent is not enough and secondly he says its like putting pressure on UKBA to resolve DLR asap. If it was enough time let say one year or more then we had justification to ask through different channels why long delays.

But the bitter aspect is UKBA doesn't bother whether people live or die by putting such restrictions on them and then lingering them on for long time making them psychic. But in short every effort takes sometime whereas I am looking for urgent solution, do you have any idea how long UKBA is taking time approx for DLR application nowadays.

wiggsy · Post by **wiggsy** » Mon Feb 18, 2013 3:51 pm

sana-noshi wrote: do you have any idea how long UKBA is taking time approx for DLR application nowadays.

no idea... sorry, but most EEA applications are taking close to the six month limit (DL has no time limit so most likely a lot longer)

do you get any support from ukba to support family (ARC?)

if not, then put pressure on them... how are you surviving atm, paying rent ETC? if they make a decision you can always appeal / go to JR / ECJ / etc... until they move, your stuck in this position!

kids arent cheap, and you have 3?

sana-noshi · Post by **sana-noshi** » Mon Feb 18, 2013 4:18 pm

We haven't taken a single penny as benefit in any form. My husband has done part time jobs which have never been permanent. In 12 years he has done several small jobs and sacrificed all of his life for me and kids. Can't tell you how terribly we have spent this long period and hardly survived. My kids have always been weeping for small wishes. It is very simple to understand for anyone when you have no proper job, no enough income, no benefit support and on top no permission to work, you will be spending a shameful life not at poverty level but below below below than it. A couple of our friends have supported a lot even then it was not regular and not enough and how long someone can support you. I appreciate their great favors they have given us. My kids have never been on holidays during this long time they don't even know what holidays are. 12 years have been like prison for us. You put anyone in this situation for few years and he will be become psychic like my husband. My youngest 8 years son doesn't know the situation but the elder kids have grown up now they can easily differentiate between them and others as you know how the kids can feel seeing others in high school.

Its enough now the time has ended, for long we will be spending our lives like this, I have to look for some other option for my children until our application decided which no one can answer.

Post by **Greenie** » Mon Feb 18, 2013 6:18 pm

wiggsy wrote:
Greenie wrote: and another! Rambling on about your own issues again when they are not relevant to the op's post. The child born in the UK cannot become a British citizen until he is 10 or until either parent has ilr.
OK, Greenie, Have I done something to upset you here or something?

I have tried to help people... but seems I am being attacked for some reason?

I was simply trying to help the OP. My situation may not be entirely the same, but mine and my wifes experiences can possibly help the OP.

Obviously, a child who is born in the UK and has spent the first 10 years of their life in the uk is elegible for BC at that point.

however, this is not entirely the end of it... BC can also be given to children who dont quite fit that bill..

http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

If the child manages to aquire BC then the parents would have a Derivative right of residence. - Irrespective of their own natationality. - It might be worth looking into - and I even noted that it wouldnt be a fast solution...

Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens

Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.
Now I ask, is that not useful information which COULD help the OP?

Greenie wrote:If you read the op's post you will see that all on the family have no status.

My husband has been going for reporting regularly
Usually ALL would have to report to the UKBA... not simply one member of the family... hence me asking if she is reporting, and if not, is there a reason for this (something that could possibly be used for a case which falls outside of the rules).

if you read the guidance on discretionary applications for citizenship under 3(1) you would see that they would expect that at least one of the child's parents would have British citizenship or have applied for and is about to be granted it and it would be rare for citizenship to be granted under 3(1) in a situation where neither parent is British or about to be granted citizenship.
I am sure you are well meaning but you have a habit of complicating threads by giving confusing and or incorrect advice.

wiggsy · Post by **wiggsy** » Tue Feb 19, 2013 2:29 am

Greenie wrote: if you read the guidance on discretionary applications for citizenship under 3(1) you would see that they would expect that at least one of the child's parents would have British citizenship or have applied for and is about to be granted it and it would be rare for citizenship to be granted under 3(1) in a situation where neither parent is British or about to be granted citizenship.
I am sure you are well meaning but you have a habit of complicating threads by giving confusing and or incorrect advice.

But Greenie, the Idea of a PUBLIC forum like this is for people to learn... I do not claim to be an expert.

Whilst it may be RARE for BC to be granted to such a child, it is not impossible... - and therefore is still an option. To expect that one parent has BC/will get ETC is neither here or there... it does not state MUST have... However, whilst it is DISCRETIONARY - meaning not guarenteed, it is still an option.

Obviously, you can always add your own opinions / options to the OP etc if you know of better advice ETC.

I dont see why there has to be a personal attack... ETC? Sure, If im giving the wrong advice, Call me out! Correct me! Im open to such, but just to claim im hi-jacking a thread ETC. = I am open to learning ETC. And if im corrected then thats cool. Its something new Ive learnt, or my own interpretation of something that has been corrected.

wiggsy · Post by **wiggsy** » Tue Feb 19, 2013 2:34 am

sana-noshi wrote:We haven't taken a single penny as benefit in any form. My husband has done part time jobs which have never been permanent. In 12 years he has done several small jobs and sacrificed all of his life for me and kids. Can't tell you how terribly we have spent this long period and hardly survived. My kids have always been weeping for small wishes. It is very simple to understand for anyone when you have no proper job, no enough income, no benefit support and on top no permission to work, you will be spending a shameful life not at poverty level but below below below than it. A couple of our friends have supported a lot even then it was not regular and not enough and how long someone can support you. I appreciate their great favors they have given us. My kids have never been on holidays during this long time they don't even know what holidays are. 12 years have been like prison for us. You put anyone in this situation for few years and he will be become psychic like my husband. My youngest 8 years son doesn't know the situation but the elder kids have grown up now they can easily differentiate between them and others as you know how the kids can feel seeing others in high school.

Its enough now the time has ended, for long we will be spending our lives like this, I have to look for some other option for my children until our application decided which no one can answer.

I cant say i know what its like, because i could only imagine. obviously I have the option to go onto benefits if needed...

have you spoken to UKBA at reporting centre about financial help? - i dont know what they offer... my wife asked them in regards to travel document etc to report, but the forms and information they wanted in regards to my earnings / bank statements / rent payments / utilities ETC was rediculous. - they basically wanted her to account for all of my earnings before they would issue a travel document.

Hopefully somebody else could give you some info on chances of income etc... (whilst I know lots of places to find cash in hand work... obviously its only a short term thing ETC - which your husband has obviously been able to sort too.)

Post by **Obie** » Tue Feb 19, 2013 2:56 am

I will advice that we all show respect to each other, and try not to confuse other members. In areas we are not clear, we should be prepared to be corrected, although we can correct constructively, but we must ensure as best as possible, that it is not distructive.

I firstly agree, that OP should contact her MP, as they are able to put more pressure to bear on UKBA than even lawyers, and they tend to get replies pretty quickly.

Secondly, i dont believe the children will be able to register as British citizen, as there are no exceptional circumstance, that can compel the SOS to exercise discretion and register them.

They are more likely to issue LTRemain than register the 8 years old, who to all intense and purpose is not stateless, or British Subject Citizen, who has compelling case that will makes registration appropriate.

He/she will have to wait till 10.

To advice or argue to the contrary, is simply wrong, and confusing to the Original Poster, and others.

Being on the forum, is an inovative mains of acquiring knowledge, but one has to be prepared to accept correction.

wiggsy · Post by **wiggsy** » Tue Feb 19, 2013 3:19 am

Obie wrote:I will advice that we all show respect to each other, and try not to confuse other members. In areas we are not clear, we should be prepared to be corrected, although we can correct constructively, but we must ensure as best as possible, that it is not distructive.

I firstly agree, that OP should contact her MP, as they are able to put more pressure to bear on UKBA than even lawyers, and they tend to get replies pretty quickly.

Secondly, i dont believe the children will be able to register as British citizen, as there are no exceptional circumstance, that can compel the SOS to exercise discretion and register them.

They are more likely to issue LTRemain than register the 8 years old, who to all intense and purpose is not stateless, or British Subject Citizen, who has compelling case that will makes registration appropriate.

He/she will have to wait till 10.

To advice or argue to the contrary, is simply wrong, and confusing to the Original Poster, and others.

Being on the forum, is an inovative mains of acquiring knowledge, but one has to be prepared to accept correction.

Well thats straight.

The child is 8 now, so 2 years till realistically elegible for BC - then another 1 or 2 years until its granted/if its granted = four years?

does the 14 year rule still apply for "discretionary leave to remain"? = or is that out of the door with the changes too? since they have been here for 12 years... another two?...

However, it seems that OPs problems are mainly revolving around her CURRENT FINANCIAL DIFFICULTIES... (which are caused by lack of work etc - due to immigration).

I know asylum seekers were / (are?) granted some form of aid to live... is it still in place do you know... would the OP be able to get help from UKBA etc? - even a little money for food / w.e. would surely help...

@OP. By me there are some food banks run by my church... where needy people can get stuff... (they are full at xmas when people feel givey - possibly an option?)
Also... FreeCycle for kids uniforms/clothes, could help some of the pressures of kids costs (i know kids rip their clothes ETC so easily...) = we give loads of stuff away on freecycle... clothes, toys, books etc...
kids dont always need to go without... there are some generous people who can give some decent stuff away.

sana-noshi · Post by **sana-noshi** » Tue Feb 19, 2013 1:53 pm

Thanks wiggsy and abie for advice. Our main financial problem is house rent cos we are living in private rented property, then its food, bills etc. As you know everyone has basic necessities of life. If my husband and me were allowed to work then no problem we both could do proper jobs and fulfill our basic cost of living. But situation is not like that. By doing temporary and part time job no one can survive with a family specially if it becomes long. I haven't contacted to any organization or department in this regard cos I don't know where to contact and also by contacting someone will really resolve the issue.

I spoke to my solicitor for financial problems but firstly he doesn't have idea secondly he says suppose we are given benefits it can put adverse impact on our application.

sana-noshi · Post by **sana-noshi** » Tue Feb 26, 2013 8:25 pm

Finally spoken to solicitor and have involved MP to pursue the application. Got acknowledgement from MP, I hope he has written to UKBA, let see....

ryan2020 · Post by **ryan2020** » Tue Feb 26, 2013 11:51 pm

sana-noshi wrote:Finally spoken to solicitor and have involved MP to pursue the application. Got acknowledgement from MP, I hope he has written to UKBA, let see....

good luck...

wiggsy · Post by **wiggsy** » Wed Feb 27, 2013 4:57 am

good luck

But i stumbled across this the other day:
http://www.directimmigration.co.uk/tag/rule-changes/

14 Year Rule Out; 7 Year Rule… back in.

July 3, 2012
The Statement of Changes to the Immigration Rules also contains, as anticipated, an abolition of the so-called 14-year rule, which was a neat rule determining that a person who had lived in the UK for 14 years undetected could remain here, regardless of whether they had been here legally or not. (The complementary rule was the 10-year rule, for anyone who had lived in the UK legally for ten years.)

This has now been replaced with a much more stringent requirement that the applicant has lived continuously in the UK for at least 20 years (discounting any period of imprisonment).

However, I was pleased to see the reinstatement of our old friend the 7-year rule – this was what used to be called DP/3/96 and stated that if a child had lived in the UK for seven years they – and their adult guardians – could stay. This was valuable and sensible: to uproot a child who has made the UK their home, attends school here, has friends here, and often has little or no recollection of “home,” is a miserable thing to do. The courts continued to use seven years as a useful benchmark in assessing private life of children, and it’s nice to see that this has returned, along with an equally promising option for anyone aged 18 – 25 years who has spent at least half of his life residing continuously in the UK.

The new rules can be found at paragraph 276ADE of the Immigration Rules under Part 7 here. > http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

im not sure how this is approached, other than a FLR application for outside the rules (FLR(O)?) perhaps you can ask your solicitor about that...

Immigrationboards.com: Immigration, work visa and work permit discussion board

Please help DLR No permission to work

Please help DLR No permission to work

DLR application