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henny penny wrote:Hi everyone i'm new to this site i am very stressed and desparate for some advice, here goes i've overstayed in England by 8 yrs. I was given 24 hrs in the country on arrival from jamaica. After much persuasion the immigration agreed i could stay for 24 hrs to see my family to which i agreed, they held on to my passport on the promise that i would return the next day. Stupidly i listened to the advise of my relatives who said i should not return becuse the price of the air fare from Jamaica to England was too expensive. With hindsight i now realise it was a BIG mistake. i am now trapped in England and have a perfect 3 and half year old son, his mother received indefinate leave to remain in Jan 09. The problem is she has depression and can't cope, most of the time she cannot look after our son. she is also worried about me being deported from England. If i go i dont know what will happen as she has no support from family or friends. Does anyone know how i can stay in the UK for the sake of my son. What about discresinary Leave?
Ouch.Mr Rusty wrote:Go back to Jamaica. Take your wife and son with you, if she can't manage without you. Apply for an entry clearance as a spouse. Come back legally.
The Key test is in Jei2's narrative below:henny penny wrote:paper pusher ur missing the point my flight was paid for by my family they where the one's complaining about the amount of money they spent on my ticket only to be given 24hrs in the country. i supppose i felt guilty and went along with what they advised me which was not to go back. i'm a different person now and in a different place mentally, ive grown up. i know it was a HUGE mistake which i would like to put right if i can. thats why i joined this site to see if i could get any advise or ideas about the best way for me to move forward or not . thanks anyway
If you can answer that, then Bob is your uncle!if you can prove that you've been living together with your partner for 2 years, and that you can maintain and support yourselves without claiming benefits it may well lead you back to Jamaica to re-apply for entry clearance to the UK as an unmarried partner.