In over my head

[lilbit]

I would like to seek some advice from you on how I should proceed in a
situation I am currently in.

I am currently residing in the UK as an overstayer.
I entered the UK legally and was given permission to stay for 6 months and
was given the condition that I should not work and that I should not have
recourse to public funds.

My time of entry was on September 7, 2000, and I was supposed to have left
the UK by March 7, 2001. So I have overstayed 6 years and 2 months.

Compounding this, I have worked illegally in the UK as well. Most
recently with a company that that I've been with for 6 years and 3 months.
My national insurance number I fabricated and is not my own. Also, I
lied on my original application of employment about my nationality. I
actually am a US citizen. I had put down I was British.

I came to the UK intending to get married but financially it did not work
out that we could. Eventually my legal 6 months ran out and I decided to
overstay.

My past employer has subsequently found out that I am not a not a British
citizen, am not allowed to work in this country and I am an overstayer. I
know they will be contacting IND in regards to this as they could possibly
be fined for me working for them and by contacting IND they can possibly
get out of a fine.

I have resigned from this company, I would like to add.

At this point I think you will agree that it does not look good for me.

I would like to stay in the UK but I would like to "regularize" my status.
My lady who I was planning to marry has had a stroke and I do help to
look after her and am listed as a caregiver by the hospital, although I do
not receive any benefits for helping to care for her.

In regards to breaking any other UK laws except for overstaying and
working illegally, I have always been law abiding and have not had any
meetings with the police. Essentially, I have lived and worked like any
other UK citizen, except I am not a UK citizen.

Now for my questions:

Do you think that given the present situation that the Home Secretary will
allow me to stay on compassionate terms because of my fiance's stroke?

After being together with her for the entire time I've been here (as well
as she came over to the states to visit me first for 3 months so the
entire time we've known each other is more closer to 7 years) do you think
that I can be regularized due to common law or civil partner? Evidence of
this is easily proven as her family (which is rather large) have accepted
me and think of me as one of their own as well.

If I have to go, do you think the removal will be a raid type romoval, or
administrative?

Do you think I should contact IND or the Home Office for further advise
and assistance, or do you think that it will further complicate things?

I am really worried as I have no home to go to back in the states. I've
made my home here now and would like to stay on in the UK.....

My fiance as well this is taking its toll on. She is afraid for herself
as well.

I hope you can give some good news or some kind of hope to this situation.
But I am also willing to accept unfortunate advice as well.

It is the not knowing what is going to happen, or what I can do that is
the most scary part of this.

Thank you,

lilbit

[Jeff Albright]

Do you think that given the present situation that the Home Secretary will
allow me to stay on compassionate terms because of my fiance's stroke?

It is possible to pursue this route taking for the point that your partner cannot be reasonably expected to relocate to the US with you, however, the chances are not high basing on the recent case law in AIT. There was a similar claim, which was thrown out, because it is very difficult to show why you cannot return to the US and apply for entry clearance to return. This will be in accordance with the law and only result in a short separation from your partner.

After being together with her for the entire time I've been here (as well
as she came over to the states to visit me first for 3 months so the
entire time we've known each other is more closer to 7 years) do you think that I can be regularized due to common law or civil partner?

No, because you have built your relationship knowing that your immigration status was precarious and one day you may be required to leave the country.
You might have build a family life, but that does not mean that asking you to leave the country would be disproportionate for the legitimate aim of maintaining the fair immigration policy in this country.

If I have to go, do you think the removal will be a raid type romoval, or
administrative?

No forced removal. You will get a couple of papers asking you to leave and it wouldn't be reasonable for you not to abide by them.

Do you think I should contact IND or the Home Office for further advise
and assistance, or do you think that it will further complicate things?

I think it will only waste a few more years of your time. Your best bet is to leave, get an entry clearance and then return.

I am really worried as I have no home to go to back in the states. I've
made my home here now and would like to stay on in the UK.....

This is understandable but according to the existing case law, you have done this knowing that your status was illegal and this is the bottom line of it.

I hope you can give some good news or some kind of hope to this situation. But I am also willing to accept unfortunate advice as well.

We all try to be positive but the it is all down to the rules and regulations in any country one should respect. I would love to give you good news but whether I do it or not, it will still be down to what the law requires you to do in this situation. Personally, I wish you and your partner the best for the future and hope things will work out well.

Best wishes

Jeff

[SYH]

So how did they find out at your job?
and what happens to your compensation, your pension, etc?

[sakura]

So how did they find out at your job?
and what happens to your compensation, your pension, etc?

Well, if he had a fabricated/someone else's NI number, then he can't really get access to it? I doubt the HO/BIA or his employers would want to pay him anything since he is an overstayer.

I think Jeff Albright has pointed out the steps you need to take now. Even if the HO/BIA awards you a right to stay, you'd still need to leave the country for entry clearance...you're from the US, there is nothing from stopping you returning for that matter (no war, famine, threats, etc).

You can either do this yourself, by leaving and applying for a fiancee/spouse visa or go to court for compassionate leave. If you were already intending to marry, then you should, leave the UK, and apply for a spouse visa....lots of people who overstayed their visas still subsequently received a spouse/other visa after leaving. Either way you'd probably have to leave (stay with friends, family, hotel).

[SYH]

Thanks Sakura but I'd still like to know how the employer found out since he worked for several years and they didnt seem to know any better.
And I wasn't suggesting that the employer continue to employ him but he did work, albeit illegally, so I think technically is still entitled to some compensation, whether it be unemployment or what have you. I am not going into the moral implications as to whether he should be entitled to anything just that I am sure there are rules for this kind of situation and curious to know what happens when you kicked out on your fanny for being illegal.

[sakura]

Thanks Sakura but I'd still like to know how the employer found out since he worked for several years and they didnt seem to know any better.
And I wasn't suggesting that the employer continue to employ him but he did work, albeit illegally, so I think technically is still entitled to some compensation, whether it be unemployment or what have you. I am not going into the moral implications as to whether he should be entitled to anything just that I am sure there are rules for this kind of situation and curious to know what happens when you kicked out on your fanny for being illegal.

No, I know you didn't mean he should be allowed to continue working. If you were made redundant (and if you had a valid visa) I guess the company has to pay you something, but if you're an overstayer and if you quit/were fired, then they don't legally have to give you a penny...because you are technically illegal/overstayer with no (or limited) employment rights anyway (although in terms of being paid what you worked, they should pay you for that, but where's the enforcement?).

What compensation do you mean? He wasn't kicked out, he wrote he left the job (maybe forcefully). No mention as to whether he was/wasn't paid for his remaining days there, but I suspect if they didn't want to pay him, they would use the fact that he used a false NI number and lied, so he duped them?

Interestingly, I don't think that 6+ years ago, the IND (now deceased!) had any rules on checking people's nationality/visas before hiring them (although I think there is a now requirement to check on a regular basis those working there before the new regulations came into being), so maybe the company asked to see everyone's passports, and he didn't have one to show? Just speculation, but some companies/employers do indeed re-check.

[lilbit]

Hello and thank you for all your responses. I apologise for the quick entry and post. I have lurked for a couple of weeks on this forum and really enjoy how helpful everyone is to each other while remaining firm. You have made me feel welcome and I really appreciate this and a big thank you. I will be around for awhile and will try to help others as well and I'll let you know how my situation progresses.

I'll answer the question that SYH has put first.

SYH, I confided my status to someone at work I thought was a friend and that person then told my works human resource department manager. One of the things I feared was that I would not receive my final pay. I was assured that I would receive my pay.

Also, when I began working, no checks were made on my statements and I never was asked to produce any documents. Keep in mind this was prior to the law being changed in 2006 that employers must have employees prove they can work legally in the UK before employing them.

I willingly left my job as it was the best thing to do. It was the right thing to do.

Sakura, you are right. I have done a lot of research since things have "gone south" and employers are supposed to re-check employees who are not naturalized, and should check annually. It is not required by law but is recommended it should be done anyway.

Jeff, thank you for your answer as well. My only question is now is how long will the H/O take processing the fiance Visa? And a personal question for myself.....how the heck am I going to pay for the application? (I will find a way somehow, even if I have to sell everything I have on this earth, I will because everything I have pales compared to how much I love my lady).

In the meantime, I am stuck for the next month as I wait for my final pay. Still nervous because I have been told the the BIA (or is it IS?) will be contacting me. I was told this by my employer. Whether in person or letter I don' t know.

I wonder what it will be like leaving.... Probably loads of questions at that time. And loads of apologies from me as well.

Thank you all again and I'll try helping others here in the meantime if I can with other issues.

Thanks again everyone,

lilbit

[SYH]

I guess I would only add, that I thought if you are living with a british national (or EC national?) for 3 years, although not married and can prove it you can be naturalized. The only issue would be that you weren't supposed to be here for 2.5 of those years. and if you lived together elsewhere previously that factors in too.
Good luck

Yep forgot about ILR so guess that's not an option.

[JAJ]

I guess I would only add, that I thought if you are living with a british national (or EC national?) for 3 years, although not married and can prove it you can be naturalized.

Permanent Residence, Indefinite Leave to Remain, or equivalent is needed before you can even think about naturalisation.

[Papafaith]

Lilbit, you may want to study this document that docterror pasted in one of the threads. http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

[lilbit]

Hi Papafaith. Sorry about not answering faster but for some reason had trouble getting in the forum the last couple of days.

Could you post the link again please, because I'm just getting page not found.

Thanks!

lilbit