WHAT IS MY IMMIGRATION STATUS?

[Drcoup]

I overstayed as a student from Nov 2000, made an application to regularise my stay in February 2006. I have made been in correspondence with the BIA since and they have written to a stay they are not aware when they would be abe to deal with my case. I have been in the UK for 10 years. I can walk with the knowledge that I can not be deported before my case is heard. What is my immigration status as things stand? I have written to the BIA wanting to know what exactly I can do but no answer has been forthcoming. Anyone in a position to help. It's only I will be going for a new job and I think I will be asked this question. Thanks in anticipation.[/b]

[Wanderer]

I overstayed as a student from Nov 2000, made an application to regularise my stay in February 2006. I have made been in correspondence with the BIA since and they have written to a stay they are not aware when they would be abe to deal with my case. I have been in the UK for 10 years. I can walk with the knowledge that I can not be deported before my case is heard. What is my immigration status as things stand? I have written to the BIA wanting to know what exactly I can do but no answer has been forthcoming. Anyone in a position to help. It's only I will be going for a new job and I think I will be asked this question. Thanks in anticipation.[/b]

I'd say ur status is overstayer. On what basis are you attempting to regularise ur stay?

[paulp]

I can walk with the knowledge that I can not be deported before my case is heard.

Is there any particular rule or policy why you "can not be deported"?

[Drcoup]

I can walk with the knowledge that I can not be deported before my case is heard.

Is there any particular rule or policy why you "can not be deported"?

Sorry I have not explained myself well. I have a daughter who is a British passport holder by a British mum who is settled here. That is the basis of how I based my application to regularise. As my case is pending, I meant, up until a decision is made to for me to stay or be removed, immigration officers have nothing on me. My main question was can an employer happily take me on without fear of prosecution?

[paulp]

Sorry I have not explained myself well. I have a daughter who is a British passport holder by a British mum who is settled here. That is the basis of how I based my application to regularise. As my case is pending, I meant, up until a decision is made to for me to stay or be removed, immigration officers have nothing on me. My main question was can an employer happily take me on without fear of prosecution?

Are you somehow referring to Section 3C protection? That only applies to applications made in-time.

At the moment, you are illegally in the country and have no right to work, unless you have been given permission by the HO. Should an employer take you on, he/she can face a big fine and even prison.

[Drcoup]

Sorry I have not explained myself well. I have a daughter who is a British passport holder by a British mum who is settled here. That is the basis of how I based my application to regularise. As my case is pending, I meant, up until a decision is made to for me to stay or be removed, immigration officers have nothing on me. My main question was can an employer happily take me on without fear of prosecution?

Are you somehow referring to Section 3C protection? That only applies to applications made in-time.

At the moment, you are illegally in the country and have no right to work, unless you have been given permission by the HO. Should an employer take you on, he/she can face a big fine and even prison.

Thanks for the responses Paul. So you are saying my status is the same as someone who has overstayed but has not sort to regularise their stay? In the case where myself and that person were to walk down the street and by some stroke of bad luck, we both get stopped by immigration officers. Will we all be bundled and taken to some immigration holding centre, notwithstanding the fact that my case is under review? I am not sure what "section 3c" entails, but I remember reading something on the BIA website to the effect that people in my case enter a period of "normalcy" as soon as my application is accepted as valid. I maybe be wrong on that. I have sought clarification from the BIA but they have not replied my letters leading me to optimistically think that their silence may mean that I maybe on to something. A loophole perhaps. Anyway, under what circumstances would the HO grant someone in my position, permission to work? Cheers.

[paulp]

Thanks for the responses Paul. So you are saying my status is the same as someone who has overstayed but has not sort to regularise their stay? In the case where myself and that person were to walk down the street and by some stroke of bad luck, we both get stopped by immigration officers. Will we all be bundled and taken to some immigration holding centre, notwithstanding the fact that my case is under review? I am not sure what "section 3c" entails, but I remember reading something on the BIA website to the effect that people in my case enter a period of "normalcy" as soon as my application is accepted as valid. I maybe be wrong on that. I have sought clarification from the BIA but they have not replied my letters leading me to optimistically think that their silence may mean that I maybe on to something. A loophole perhaps. Anyway, under what circumstances would the HO grant someone in my position, permission to work? Cheers.

What you are referring to as "normalcy" is Section 3C of the Immigration Act. This part of the law extends the legal stay of a person if an appliction was made while he still had valid leave. If you applied "out of time", such as yourself, there is no protection and you are like any other overstayer. So yes, be careful and still keep watching out.

Someone else on the forum was able to get permission to work, via his immigration lawyer, but he was the spouse of an EU, AFAIR, and he didn't provide more detail.

[jei2]

I am not sure what "section 3c" entails, but I remember reading something on the BIA website to the effect that people in my case enter a period of "normalcy" as soon as my application is accepted as valid.

Your status is that of an overstayer. Having a child born here by a British partner won't automatically protect you from being removed. You didn't specify if you are actually in a relationship with the mother.

That your application was accepted as valid simply means that you provided the fee, completed the form correctly and provided the minimum relevant documents.

Working without permission will simply be another breach.

I'd recommend you seek professional advice as you seem to have expectations that aren't necessarily available to someone in your predicament.

[Drcoup]

I'd recommend you seek professional advice as you seem to have expectations that aren't necessarily available to someone in your predicament.

I am no longer in a relationship with the mother of my child. I don't mean to come across as overly expectant but I have learnt to live like a fox and make the most out of life. Some kids younger than myself put their lives at risk in the armed offices. Some come back with fewer limbs than they went out with, some make the ultimate sacrifice. Compared to these kids, my status is comparatively less serious. I am just putting it into context. I have a company which has been trading for over a year now. I suppose I am in breach again. I employ two people. The turnover is decent and is about 4 times the tax threshold. I suppose this could perhaps help my case as well. I come from the position that lawyers are a waste of money, after having watched my friend lose money to some who lost his case, lodged his application on his own and won the case.

[Frontier Mole]

Interesting case.

What have you actually applied for in the way of leave?
If you are not living with the mother how do you expect to be granted leave based on your relationship? You will be down to an Article 8 ECHR only claim based on your daughter. Not a strong claim if you do not have formal access rights to visit her etc.

By all accounts you have not received an immigration decision on your application in 2006. This does not mean you are safe from removal; you were an overstayer when you made the application so are illegal. You are still illegal and subject to immigration control. Have you been served with any paperwork from UKBA? An IS151A? If so you are in the same position as any other overstayer.

If you have a business how did you get your bank account, tax details, NINO etc surely you must have provided a passport to prove identity etc.? If that is the case it would suggest you had some form of leave to enter at some point?

Very confused....

What I am not confused about is your work status. Without specific authorisation from UKBA you have no right to work.

[Administrator]

.

It does not seem that your child is your dependent. There is no basis for your "need" to be in the UK.

The fact that you are operating a business in the UK yet have no permission to work and no other status (legally) as a business owner/operator is ... uhm, well ... interesting.

You require the services of a top level immigration lawyer, no matter your personal feelings toward lawyers. Getting your stay in the UK regularized at this point is going to be very complex, probably more than a bit expensive, and there is no assurance at all that the government will grant you any permits to remain in the country.

A skilled and knowledgeable specialist is going to be essential in your situation to attempt finding a solution.

the Admin