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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.lilbit wrote: 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?
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.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 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.If I have to go, do you think the removal will be a raid type romoval, or
administrative?
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.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?
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 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.....
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.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.
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.SYH wrote:So how did they find out at your job?
and what happens to your compensation, your pension, etc?
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?).SYH wrote: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.
Permanent Residence, Indefinite Leave to Remain, or equivalent is needed before you can even think about naturalisation.SYH wrote: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.