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Overstayed for 9 years please help !!!

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maryjane
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Overstayed for 9 years please help !!!

Post by maryjane » Sat Dec 26, 2009 4:41 pm

I am a Zimbabwean and came into UK in Nov 2000 on a 6 months' visitor's visa and have overstayed to date. I have a full time job and currently living with my partner for 7 years. He has indefinate leave to remain. I wish to regularise my stay here and have no idea on how to start. I am also paranoid about jeopardising my employment due to long term financial commitments. We wish to marry but do not want to go back to Zimbabwe to apply for re-entry as this could be denied.
I have no family nor home in Zimbabwe and my life is now here in the UK. I pay my taxes and have not been a recepient of public funds.
As you have worked it out, I am working illegally but I have no option except to take this road to survive.
My partner and I do not know what course of action to take.......please help!!

Wanderer
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Re: Overstayed for 9 years please help !!!

Post by Wanderer » Sat Dec 26, 2009 10:08 pm

maryjane wrote:I am a Zimbabwean and came into UK in Nov 2000 on a 6 months' visitor's visa and have overstayed to date. I have a full time job and currently living with my partner for 7 years. He has indefinate leave to remain. I wish to regularise my stay here and have no idea on how to start. I am also paranoid about jeopardising my employment due to long term financial commitments. We wish to marry but do not want to go back to Zimbabwe to apply for re-entry as this could be denied.
I have no family nor home in Zimbabwe and my life is now here in the UK. I pay my taxes and have not been a recepient of public funds.
As you have worked it out, I am working illegally but I have no option except to take this road to survive.
My partner and I do not know what course of action to take.......please help!!
I think I read Zim is condered safe now so I don't think u have any option to return and apply through the correct channel.

Do u know ur employer risks a £10k fine by employing u?
An chéad stad eile Stáisiún Uí Chonghaile....

mochyn
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Post by mochyn » Sun Dec 27, 2009 2:00 am

The only way to regularise your stay here is to leave and go back to your country.Many overstayers have been caught on the day of their wedding and deported If forced to return to your country you are faced with a 10 year ban.
Any dealings with authorities means you run the risk of being found out that you are overstayer, again a 10 year ban.No oversea holidays.
Most of your legal rights will be null and void, you cannot claim insurance if it is found out you overstayed plus your employer is looking at a 10k fine for employing illegal workers
Best choice is to go home and apply from there

Mr Rusty
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Post by Mr Rusty » Sun Dec 27, 2009 5:45 am

You do not say what nationality your partner is - if he is Zimbabwean, on what basis was he granted ILR?
For some time, UKBA policy has been not to enforce removals to Zimbabwe, so for the time being you are not at risk of being removed there if you don't want to go. However, a Ministerial statement at the end of October indicated that as the situation in Zimbabwe appears to improve, they may start enforcing removals.
In the meantime, however, they have not made it easy for Zimbabweans to stay in the UK, as many found using false documents have been prosecuted.
If you and your partner are Christians, you may be able to marry in the UK in a Church of England church, without applying to UKBA for permission. This would strengthen your position in applying either for leave to remain, or an entry clearance.
There are no guarantees, but as other posters have indicated, if you have incontrovertible evidence of a long-standing relationship, your most straightforward route to regularising your position may be to leave the UK and apply for entry clearance either as a spouse or as an unmarried partner.

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Casa
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Post by Casa » Sun Dec 27, 2009 2:13 pm

If you haven't already done so, you really need to seek advice from an OISC registered Immigration Advisor to understand what your best options are.

groispois
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Post by groispois » Sun Dec 27, 2009 4:12 pm

well first of all,u need to cut that rubbish about not having anyone back home or family.i understand things at zimbabwe is not good but the reason u using will not make a different unless u want to claim asylum.if u want to marry ur partner then u will have to go back to make an application no matter what as that rule apply to everybody without exception.or u can wait for another 5 years to apply under the 14 years long residence but again the rule might change and also once u done ur application u will have to wait for a minimum of 1 to 2 years until they grant u ILR.they will check if u have any criminal record,if u claim benifit or claim anything free on the nhs.if u did any of these,then u are in deep shit.

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Casa
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Post by Casa » Sun Dec 27, 2009 5:43 pm

Ignore the last post and seek legal advice as I've suggested. You may well have other options.

dollarjojo
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Post by dollarjojo » Mon Dec 28, 2009 12:17 am

Casa wrote:Ignore the last post and seek legal advice as I've suggested. You may well have other options.
Excellent advise from Casa. Check the http://www.oisc.gov.uk/ website for advisers. Ignore the post from groispois......he's of the negative sort.

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