Lord knows I'm an overstayer with problems!!

[dollarjojo]

Can anyone help with my situation? Here's my story.....

I came to the UK 0n 25 Nov 1994 aged 26. I was on a 6 month visitor visa but I overstayed. I have 2 kids born in the UK. One in May 1997 and the second in Jan 1998. I am not with the mothers of my children though I am actively involved in their welfare, both emotionally and financially. I have been with my current partner since Jan 2001, but she has also overstayed her visa. I would like her to stay with me.

In Feb 2006, I sent an application to the Home Office to regularise my stay by emphasing my long connection to the UK and that I have a child born and raised in the UK. (I was not in contact with the mother of my second child when I lodged the application). My solicitor also added the fact that I had a child on some scheme called D5/96 (I think...? something to do with children who were born or have lived for 7 years in the UK).

The HO has written informing me that they have received my application and I should not contact them whilst they consider my fate.

Today they again wrote to me with the same message.

I have always been a law abiding citizen, never been on public funds,have looked after my kids, bought a house, have a good job and I want to stay.

My questions are as follows:

1)What course of action should I take now?
2) Has the 14 year rule been changed?
3) If I'm served with an IS150 form, do I have grounds to appeal?

Thank you for your help fellow forumites!












[/b]

[Twin]

Can anyone help with my situation? Here's my story.....

I came to the UK 0n 25 Nov 1994 aged 26. I was on a 6 month visitor visa but I overstayed. I have 2 kids born in the UK. One in May 1997 and the second in Jan 1998. I am not with the mothers of my children though I am actively involved in their welfare, both emotionally and financially. I have been with my current partner since Jan 2001, but she has also overstayed her visa. I would like her to stay with me.

In Feb 2006, I sent an application to the Home Office to regularise my stay by emphasing my long connection to the UK and that I have a child born and raised in the UK. (I was not in contact with the mother of my second child when I lodged the application). My solicitor also added the fact that I had a child on some scheme called D5/96 (I think...? something to do with children who were born or have lived for 7 years in the UK).

The HO has written informing me that they have received my application and I should not contact them whilst they consider my fate.

Today they again wrote to me with the same message.

I have always been a law abiding citizen, never been on public funds,have looked after my kids, bought a house, have a good job and I want to stay.

My questions are as follows:

1)What course of action should I take now?
2) Has the 14 year rule been changed?
3) If I'm served with an IS150 form, do I have grounds to appeal?

Thank you for your help fellow forumites!


[/b]

Your case looks quite strong given your length of residence and the fact that you have a child who is over the age of 7.

I very much doubt that your case will be refused but there are at the moment two options.

1. stay to see the outcome of your application which if/when granted will give indefinite leave based on 14 yrs rule or 3 years discretionary leave which will need to be renewed every 3 years until after you've spent 6 years when you can apply for ILR or:

2. Apply for an access order at the family court and once you receive it, read through paragraph 246 of the immigration rules and see if you will be able to meet other requirements; go back home, apply for entry clearance; return with a one year visa which will allow you to work and it's expiry, you can apply for indefinite leave to remain. This only takes a year.

[gollywood]

Bloody hell!

A child in May 1997, and another one 8 months later!!!

[sakura]

dollarjojo,

As Twin mentioned, your application is strong, and hopefully you provided them with lots of documents. Are both your children British citizens? It's been two years and it does take this long, but as they recently contacted you back, at least they are dealing with it (i.e. it hasn't been lost!). No one can guarantee the outcome of the application, so you can only wait for a decision.

As for your girlfriend - I cannot see how you can help her right now. How long has she been in the UK? Does she have any children? If she doesn't qualify for anything (working visa, partner visa, ILR, etc), then the only option is for her to leave before the ban comes into place in October. If you are lucky enough to get your ILR before then, she needs to return home but might be able to apply as your partner/spouse to return.