Overstayed Visiting Visa, arrived at 15 years old

[OliverTwist]

Hi all,

I am kinda in a pickle. I came to the UK when i was 15 (2003) and resided with my father under visiting visa, it expired of course but i was unaware of my situation (my father was over protective and prevented me from knowing any thing about my legality in the UK) my father was deported in 2010 and i have since lost contact with him. In 2012 i applied for right to private life (age 24), they refused me.

under these rules:

REFUSAL TO GRANT LEAVE TO REMAIN
Paragraph 276CE with reference to Para 276ADE(III)-(VI) OF HC 395 (as amended)

XXXXXXXXXXXXXXXXXX applied on your behalf for leave to remain in the United Kingdom on the
basis of your family life, but your application has been refused.

Decision under Private Life

Consideration has been given to your claim that your removal would breach your right to respect for private life, under Article 8 of the European Convention on Human Rights in that you enjoy Private Life in the United Kingdom.

Your application to remain in the United Kingdom has been determined under Rule 276ADE of the immigration Rules:

The requirements of the rules state that the applicant at the date of the applications;
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and have lived continuously in the UK for at least 7 years.
(v) is aged 18 or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) is aged 18 year or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no tied (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

You entered the United Kingdom on XXXXXX 2003 and have not lived continuously in the UK for at least 20 years therefore the Secretary of State is not satisfied that you can meet the requirements of Rule 276ADE (iii).

At the time of your application you were aged 24 years XXX. You were not under the age of 18 years, and therefore do not meet the requirements of 276ADE (iv).

You were aged between 18 and 25 years at the time of your application, however you has spent 9 years XXX months living in the UK, as this is less than half your life you do not meet the requirements of 276ADE (v).

Having spent 15 years in your home country and in the absence of any evidence to the contrary, it is not accepted that in the period of the time that you have been in the UK you have lost ties to your home country and therefore the Secretary of State is not satisfied that you can met the requirements of Rule 276ADE (vi)


It has also been considered whether your application raises or contains any exceptional circumstances which, consistent, with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant consideration by the Secretary of State of a grant of leave to remain in the United Kingdom outside the requirements of the Immigration Riles. It has been decided that it does not. Your application for leave to remain in the United Kingdom is therefore refused.

An application was made on your behalf on XXXXX 2012. However, your leave to enter expired on XXXXX 2003. You therefore did not have leave to enter at the time of your application.

Your application for leave to remain in the United Kingdom has been refused and you no longer have any known basis of stay here. There is no right of appeal against this refusal.

My question is this

1) how do they know i have ties in my home country? I have lost touch with my father since they forcefully removed him. What requirements do they need to satisfy themselves? "Secretary of State is not satisfied that you can met the requirements of Rule 276ADE"

2) Surely there are other rules that can be applied to my case other than the ones they stated.

3) I feel like there is a breach of human rights because if they return me to my home country i am not affiliated with anyone there. I have grown accustomed to the UK system and to the life i have built in the UK

4) I have a long-term girlfriend who is british and is not willing to settle in another country other than the UK. We also planned to marry, and she is not willing to marry me unless this case has been solved.

5) I am experiencing that limbo affect whereby I dont know where to turn too.

Also could i please have advise as to what i could apply to my case and ways i can prove to the UKBA about my situation.

Me and my girlfriend are quite distressed over the situation and is causing an array of traumatic occurrences.

Thanks

[Amber]

Did you tell them you had a British partner? If you have proof of a subsisting relationship/you get married consider exception 1or spouse leave.

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

[OliverTwist]

Did you tell them you had a British partner? If you have proof of a subsisting relationship/you get married consider exception 1or spouse leave.

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Thanks for this, however the requirements for this is:

you meet the suitability requirements;
which states " the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;"
They have refused my application initially. Does this apply?

"you meet the financial requirement"
my partner is currently a student and is earning less than 18000 per annum and i do not work as it would be illegal to do so.

Thanks for the response

[Letsee]

There are few people with similar situation as yours. Try reading this thread
http://www.immigrationboards.com/viewto ... start=7440

Your might find it useful.

[OliverTwist]

There are few people with similar situation as yours. Try reading this thread
http://www.immigrationboards.com/viewto ... start=7440

Your might find it useful.

Thank you Letsee will do that now

[Wanderer]

Hi all,

I am kinda in a pickle. I came to the UK when i was 15 (2003) and resided with my father under visiting visa, it expired of course but i was unaware of my situation (my father was over protective and prevented me from knowing any thing about my legality in the UK) my father was deported in 2010 and i have since lost contact with him. In 2012 i applied for right to private life (age 24), they refused me.

under these rules:

REFUSAL TO GRANT LEAVE TO REMAIN
Paragraph 276CE with reference to Para 276ADE(III)-(VI) OF HC 395 (as amended)

XXXXXXXXXXXXXXXXXX applied on your behalf for leave to remain in the United Kingdom on the
basis of your family life, but your application has been refused.

Decision under Private Life

Consideration has been given to your claim that your removal would breach your right to respect for private life, under Article 8 of the European Convention on Human Rights in that you enjoy Private Life in the United Kingdom.

Your application to remain in the United Kingdom has been determined under Rule 276ADE of the immigration Rules:

The requirements of the rules state that the applicant at the date of the applications;
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and have lived continuously in the UK for at least 7 years.
(v) is aged 18 or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) is aged 18 year or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no tied (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

You entered the United Kingdom on XXXXXX 2003 and have not lived continuously in the UK for at least 20 years therefore the Secretary of State is not satisfied that you can meet the requirements of Rule 276ADE (iii).

At the time of your application you were aged 24 years XXX. You were not under the age of 18 years, and therefore do not meet the requirements of 276ADE (iv).

You were aged between 18 and 25 years at the time of your application, however you has spent 9 years XXX months living in the UK, as this is less than half your life you do not meet the requirements of 276ADE (v).

Having spent 15 years in your home country and in the absence of any evidence to the contrary, it is not accepted that in the period of the time that you have been in the UK you have lost ties to your home country and therefore the Secretary of State is not satisfied that you can met the requirements of Rule 276ADE (vi)


It has also been considered whether your application raises or contains any exceptional circumstances which, consistent, with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant consideration by the Secretary of State of a grant of leave to remain in the United Kingdom outside the requirements of the Immigration Riles. It has been decided that it does not. Your application for leave to remain in the United Kingdom is therefore refused.

An application was made on your behalf on XXXXX 2012. However, your leave to enter expired on XXXXX 2003. You therefore did not have leave to enter at the time of your application.

Your application for leave to remain in the United Kingdom has been refused and you no longer have any known basis of stay here. There is no right of appeal against this refusal.

My question is this

1) how do they know i have ties in my home country? I have lost touch with my father since they forcefully removed him. What requirements do they need to satisfy themselves? "Secretary of State is not satisfied that you can met the requirements of Rule 276ADE"

2) Surely there are other rules that can be applied to my case other than the ones they stated.

3) I feel like there is a breach of human rights because if they return me to my home country i am not affiliated with anyone there. I have grown accustomed to the UK system and to the life i have built in the UK

4) I have a long-term girlfriend who is british and is not willing to settle in another country other than the UK. We also planned to marry, and she is not willing to marry me unless this case has been solved.

5) I am experiencing that limbo affect whereby I dont know where to turn too.

Also could i please have advise as to what i could apply to my case and ways i can prove to the UKBA about my situation.

Me and my girlfriend are quite distressed over the situation and is causing an array of traumatic occurrences.

Thanks

TL;DR

[acenqo]

Enquiring as to what options are there, for person who came into the UK at the age of 15 years old, on a six mouth-visiting visa from South Africa. They have been living with my Mother for the past 8years, (obviously the visa has expired) my mother has been eligible for a British citizenship for the last six years and her plan is to acquire one. But of cause there is this matter of me being in the country unlawfully. She has completely settled in the UK, she has a house and has no real tires with South Africa and I know has been living with her before she came to the UK and boarding school after and living with her again when she decided to come and get me. I read a similar story on this site not long ego; I’m really interested to find out, the process he took regarding getting hold of the right paper work all the proper avenues that could be helpful. All I have done at this point is read an application I qualified for with in the six mouths I was given. Unfortunately I did not know any better during that period and I will cautiously assume the same for my mother. Such a bummer my situation is, the only crime I’m guilty of is over staying my welcome unbeknownst to me, though I don’t understand how that could be pined on me being depended and all at the time, but I guess a written law does not distinguish. Any useful information will be much appreciated.

Thank you