almost 20 years later, son now told he is an illegal immigrant ?
Apr 9th 2017, 9:46 pm
#16
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: almost 20 years later, son now told he is an illegal immigrant ?
Your stepson will need an Australian passport before he does anything else. He'll need his full birth certificate and expired passport if he has it. He'll need to go to the Australian High Commission in London in person to apply for it. I would call the High Commission tomorrow morning at 9am, explain the situation and see if they can make him an emergency appointment otherwise it will be a wait of one to two weeks.
Passport services
If you can't locate your wife's previous passport with your stepson's RoA sticker in it then I think the ancestry visa would be the only way to go given the circumstances. He will need to fly to Australia to apply for it. Hopefully he has relatives he can stay with.
https://www.gov.uk/ancestry-visa
Just to warn you the whole process is likely to cost around £2500 (passport, flights, visa and Immigration Health Surcharge).
Passport services
If you can't locate your wife's previous passport with your stepson's RoA sticker in it then I think the ancestry visa would be the only way to go given the circumstances. He will need to fly to Australia to apply for it. Hopefully he has relatives he can stay with.
https://www.gov.uk/ancestry-visa
Just to warn you the whole process is likely to cost around £2500 (passport, flights, visa and Immigration Health Surcharge).
Last edited by BritInParis; Apr 9th 2017 at 9:50 pm. Reason: Added costs
Apr 10th 2017, 7:37 am
#17
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Re: almost 20 years later, son now told he is an illegal immigrant ?
Hi, sorry if this is not in the correct section, there is so much to read, I am a little lost to be honest 
anyway...
I am a British born male, moved to Australia in 1998, was there for 1 year and moved back to the UK.
My girlfriend at the time (now wife) and her 2 year old (both Australian) son moved to the UK with me also.
My wife got her right of abode (I think it was called) almost instantly, her mother was born in Britain but had moved to Oz as a young teenager so the home office said my wife was entitled to British Citizenship which she never went for until a few years later.
The wife is now a full British Citizen, British password, works, driving license etc etc
However, our son just got a letter yesterday (Saturday) from the immigration department, informing him that he is an illegal immigrant and that he has 5 days in which to leave the UK or give good reason for right to stay ?
Is there any grounds on which he can be removed from the UK after all these years ? He has a job, National Insurance Number (obviously), a council home etc etc
anyway...I am a British born male, moved to Australia in 1998, was there for 1 year and moved back to the UK.
My girlfriend at the time (now wife) and her 2 year old (both Australian) son moved to the UK with me also.
My wife got her right of abode (I think it was called) almost instantly, her mother was born in Britain but had moved to Oz as a young teenager so the home office said my wife was entitled to British Citizenship which she never went for until a few years later.
The wife is now a full British Citizen, British password, works, driving license etc etc
However, our son just got a letter yesterday (Saturday) from the immigration department, informing him that he is an illegal immigrant and that he has 5 days in which to leave the UK or give good reason for right to stay ?
Is there any grounds on which he can be removed from the UK after all these years ? He has a job, National Insurance Number (obviously), a council home etc etc
Another option. I am going to PM you a couple of contacts of immigration lawyers I have come across. You need to respond to the HO with the appropriate informed legal letter asap . And see your MP pronto to write a letter too. Your son has been here over 10 years / and of a then British mother, where he could have been registered and become British, so discretion could be applied but will only be with pressure from the right sources.
Your son may now be stopped from working unless he has an appeal in. If he does not have a current passport the home office will arrange to get him one issued to deport him and he may have to report to a police station in the meantime. The HO is quite obdurate currently with cases where people have made innocent mistakes or fallen through the cracks. They will go after people with addresses that are easy to find and from countries where they can deport them easily.
One firm just charges a reasonable fee to go over the case on the phone in the first instance and deals with overstayers/problem issues. The other is a direct access barrister who is a specialist in immigration, also does a fixed fee video link consultation. They are both level 3 OISC registered so can deal with appeals//complex issues. I would run the situation past them and see what prognosis they give you.
As Britinparis said, returning to Australia( if he had time to get a passport quickly) and applying for an ancestry visa may be the less hassle option. Though he will need around 1500 in his bank account to show he can support himself. Also if he becomes an overstayer due to the delay, or has to state in his application that he has lived in the UK illegally will that be detrimental to his application BritinParis?
Apr 10th 2017, 8:04 am
#18
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Re: almost 20 years later, son now told he is an illegal immigrant ?
yes indeed, but in my experience it depends on the MP, and their level of 'influence' behind the scenes.. so one can be fortunate if it's the right one. Worth a try.. that's what they are there for to assist their constituents. A letter from them explaining the situation will at least be a reference point and possibly put the situation on hold for consideration.
Apr 10th 2017, 1:42 pm
#19
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Re: almost 20 years later, son now told he is an illegal immigrant ?
Since he is now over 18 years old the he should contact his MP personally and urgently to plead his own case.
In addition to whatever else he might be doing. Surely the MP can persuade the bureaucrats to at least give him more time to get his act together before moving to Australia.
At the very least the normal processing time for obtaining an Australian passport.
In addition to whatever else he might be doing. Surely the MP can persuade the bureaucrats to at least give him more time to get his act together before moving to Australia.
At the very least the normal processing time for obtaining an Australian passport.
Apr 10th 2017, 2:25 pm
#20
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Re: almost 20 years later, son now told he is an illegal immigrant ?
Since he is now over 18 years old the he should contact his MP personally and urgently to plead his own case.
In addition to whatever else he might be doing. Surely the MP can persuade the bureaucrats to at least give him more time to get his act together before moving to Australia.
At the very least the normal processing time for obtaining an Australian passport.
In addition to whatever else he might be doing. Surely the MP can persuade the bureaucrats to at least give him more time to get his act together before moving to Australia.
At the very least the normal processing time for obtaining an Australian passport.
Technically he may not be a constituent ? but the family are and are British so perhaps they should all turn up to see the MP.
Another thing is for the family to contact the local paper. Also to mention that they are doing this to the MP. Publicity does help.
Apr 10th 2017, 4:20 pm
#21
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Re: almost 20 years later, son now told he is an illegal immigrant ?
I am a British born male, moved to Australia in 1998, was there for 1 year and moved back to the UK.
My girlfriend at the time (now wife) and her 2 year old (both Australian) son moved to the UK with me also.
However, our son just got a letter yesterday (Saturday) from the immigration department, informing him that he is an illegal immigrant and that he has 5 days in which to leave the UK or give good reason for right to stay ?
Is there any grounds on which he can be removed from the UK after all these years ? He has a job, National Insurance Number (obviously), a council home etc etc
My girlfriend at the time (now wife) and her 2 year old (both Australian) son moved to the UK with me also.
However, our son just got a letter yesterday (Saturday) from the immigration department, informing him that he is an illegal immigrant and that he has 5 days in which to leave the UK or give good reason for right to stay ?
Is there any grounds on which he can be removed from the UK after all these years ? He has a job, National Insurance Number (obviously), a council home etc etc
https://www.gov.uk/guidance/immigrat...7longresidence
Apr 10th 2017, 7:53 pm
#22
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Re: almost 20 years later, son now told he is an illegal immigrant ?
Any chance for the OP's stepson to apply for leave to remain in the UK based on long residence?
https://www.gov.uk/guidance/immigrat...7longresidence
https://www.gov.uk/guidance/immigrat...7longresidence
Could he move to Ireland, as an Australian, and apply for an ancestry visa from there? And you don't need a passport to enter Ireland from the UK. It's a lot closer than moving to Australia.
Apr 10th 2017, 8:21 pm
#23
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Re: almost 20 years later, son now told he is an illegal immigrant ?
I don't think Ireland is possible as the OP's Australian stepson will need to apply for his UK Ancestry visa in a country where he is a national of or have permanent residency.
Apr 10th 2017, 9:24 pm
#24
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: almost 20 years later, son now told he is an illegal immigrant ?
Have you checked the right of abode sticker as BritinParis suggested if your son was on it?
Another option. I am going to PM you a couple of contacts of immigration lawyers I have come across. You need to respond to the HO with the appropriate informed legal letter asap . And see your MP pronto to write a letter too. Your son has been here over 10 years / and of a then British mother, where he could have been registered and become British, so discretion could be applied but will only be with pressure from the right sources.
Your son may now be stopped from working unless he has an appeal in. If he does not have a current passport the home office will arrange to get him one issued to deport him and he may have to report to a police station in the meantime. The HO is quite obdurate currently with cases where people have made innocent mistakes or fallen through the cracks. They will go after people with addresses that are easy to find and from countries where they can deport them easily.
One firm just charges a reasonable fee to go over the case on the phone in the first instance and deals with overstayers/problem issues. The other is a direct access barrister who is a specialist in immigration, also does a fixed fee video link consultation. They are both level 3 OISC registered so can deal with appeals//complex issues. I would run the situation past them and see what prognosis they give you.
As Britinparis said, returning to Australia( if he had time to get a passport quickly) and applying for an ancestry visa may be the less hassle option. Though he will need around 1500 in his bank account to show he can support himself. Also if he becomes an overstayer due to the delay, or has to state in his application that he has lived in the UK illegally will that be detrimental to his application BritinParis?
Another option. I am going to PM you a couple of contacts of immigration lawyers I have come across. You need to respond to the HO with the appropriate informed legal letter asap . And see your MP pronto to write a letter too. Your son has been here over 10 years / and of a then British mother, where he could have been registered and become British, so discretion could be applied but will only be with pressure from the right sources.
Your son may now be stopped from working unless he has an appeal in. If he does not have a current passport the home office will arrange to get him one issued to deport him and he may have to report to a police station in the meantime. The HO is quite obdurate currently with cases where people have made innocent mistakes or fallen through the cracks. They will go after people with addresses that are easy to find and from countries where they can deport them easily.
One firm just charges a reasonable fee to go over the case on the phone in the first instance and deals with overstayers/problem issues. The other is a direct access barrister who is a specialist in immigration, also does a fixed fee video link consultation. They are both level 3 OISC registered so can deal with appeals//complex issues. I would run the situation past them and see what prognosis they give you.
As Britinparis said, returning to Australia( if he had time to get a passport quickly) and applying for an ancestry visa may be the less hassle option. Though he will need around 1500 in his bank account to show he can support himself. Also if he becomes an overstayer due to the delay, or has to state in his application that he has lived in the UK illegally will that be detrimental to his application BritinParis?
The OP's stepson could also consider applying Leave to Remain on the basis of a private life given that he lived for the majority of his life in the UK. This will be more expensive however and take ten years to achieve ILR rather than the five years with an ancestry visa.
https://www.gov.uk/remain-in-uk-family/overview
Apr 10th 2017, 10:35 pm
#25
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Re: almost 20 years later, son now told he is an illegal immigrant ?
I hope the OP gets back to us as I can imagine how distressing this situation is and I am sure I speak for all of us when I say we are hoping for a solution. From reading other stories, I suspect there are many, many U.K. residents living here who were brought in by their parents at a very young age and whose status' were never regularised. BIP's suggestion that this young man may be able to apply for Leave to Remain based on long residency might be preferable to having to return to Australia and apply for the Ancestry visa from there. I do hope this family finds the best way to solve this problem.
Apr 11th 2017, 7:33 am
#26
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Joined: Oct 2013
Posts: 526
Re: almost 20 years later, son now told he is an illegal immigrant ?
If he doesn't mentioned it then he's liable to slapped with Paragraph 320 7(B) refusal for deception and a ten year ban. Full disclosure is the only way to go.
The OP's stepson could also consider applying Leave to Remain on the basis of a private life given that he lived for the majority of his life in the UK. This will be more expensive however and take ten years to achieve ILR rather than the five years with an ancestry visa.
https://www.gov.uk/remain-in-uk-family/overview
The OP's stepson could also consider applying Leave to Remain on the basis of a private life given that he lived for the majority of his life in the UK. This will be more expensive however and take ten years to achieve ILR rather than the five years with an ancestry visa.
https://www.gov.uk/remain-in-uk-family/overview
The leave to remain on the basis of private lite/long residence is another option, as you say- though more expensive but less upheaval perhaps as he has a job.
If he were under 18 and had spent all his life in UK, he would not be liable for deportation ( case law I understand).
Hopefully the OP has read the updates, as these are the options. Maybe if the MP is good he can intervene to get the Leave or extension of time to get the passport.
It is a distressing situation for the family and him as they will be in limbo.
Apr 18th 2017, 3:42 am
#27
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Re: almost 20 years later, son now told he is an illegal immigrant ?
Sorry for the late update people.
We are speaking with an Immigration Lawyer today, (Tuesday 18th) and let me tell you all, for the hour-rate they charge, I could pay the mortgage for a month
lol
I wrote to the local MP (not heard anything back yet) .. I wish I had just taken the trip and turned up at the office.
Our son is on the mothers Right of Abode stamp that was stuck inside her Australian passport. We can't find any passport apart from mine however, on the computer, we found an old image of passport's visa page. For some reason, we took a photo of it many years ago now ?.. lucky we did.
If I am up to it, I'll update this thread when I hear what's what.
I am having an infected, broken tooth removed after the lawyers so will probably want to tuck up in bed and cry like a baby all night
Thanks again for all your help and for all the people that have sent me PMs.
We are speaking with an Immigration Lawyer today, (Tuesday 18th) and let me tell you all, for the hour-rate they charge, I could pay the mortgage for a month
lolI wrote to the local MP (not heard anything back yet) .. I wish I had just taken the trip and turned up at the office.
Our son is on the mothers Right of Abode stamp that was stuck inside her Australian passport. We can't find any passport apart from mine however, on the computer, we found an old image of passport's visa page. For some reason, we took a photo of it many years ago now ?.. lucky we did.
If I am up to it, I'll update this thread when I hear what's what.
I am having an infected, broken tooth removed after the lawyers so will probably want to tuck up in bed and cry like a baby all night
Thanks again for all your help and for all the people that have sent me PMs.
Apr 18th 2017, 6:29 am
#28
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Re: almost 20 years later, son now told he is an illegal immigrant ?
I am so glad you have posted an update! Been thinking about you and your family! I hope the appointment goes well today and that you soon get a solution to this problem. Having an infected broken tooth does not help your well being right now! Please keep us updated.
Apr 18th 2017, 6:49 am
#29
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Posts: 526
Re: almost 20 years later, son now told he is an illegal immigrant ?
Sorry for the late update people.
We are speaking with an Immigration Lawyer today, (Tuesday 18th) and let me tell you all, for the hour-rate they charge, I could pay the mortgage for a month lol
I wrote to the local MP (not heard anything back yet) .. I wish I had just taken the trip and turned up at the office.
Our son is on the mothers Right of Abode stamp that was stuck inside her Australian passport. We can't find any passport apart from mine however, on the computer, we found an old image of passport's visa page. For some reason, we took a photo of it many years ago now ?.. lucky we did.
If I am up to it, I'll update this thread when I hear what's what.
I am having an infected, broken tooth removed after the lawyers so will probably want to tuck up in bed and cry like a baby all night
Thanks again for all your help and for all the people that have sent me PMs.
We are speaking with an Immigration Lawyer today, (Tuesday 18th) and let me tell you all, for the hour-rate they charge, I could pay the mortgage for a month
lolI wrote to the local MP (not heard anything back yet) .. I wish I had just taken the trip and turned up at the office.
Our son is on the mothers Right of Abode stamp that was stuck inside her Australian passport. We can't find any passport apart from mine however, on the computer, we found an old image of passport's visa page. For some reason, we took a photo of it many years ago now ?.. lucky we did.
If I am up to it, I'll update this thread when I hear what's what.
I am having an infected, broken tooth removed after the lawyers so will probably want to tuck up in bed and cry like a baby all night
Thanks again for all your help and for all the people that have sent me PMs.
As britinparis, who is very knowledgeable, has pointed out there is the ancestry visa option and/or - The OP's stepson could also consider applying Leave to Remain on the basis of a private life given that he lived for the majority of his life in the UK. This will be more expensive however and take ten years to achieve ILR rather than the five years with an ancestry visa.
Re the photo evidence found of the Right of Abode sticker, maybe BritinPairs can comment on this? Does this help in terms of late registration/naturalisation ( given he did not do it before 18 when he was entitled to do so] or give other options?
I do think go and see your MP in person. That is the only other option if he has enough influence to ask the HO for a discretionary registration for your stepson as a British Citizen. Maybe even send the registration form in with MP's letter explaining the circumstances! The Home office are being very tough at present, so he will either have a legal route or the discretionary route .
Apr 18th 2017, 7:07 am
#30
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Re: almost 20 years later, son now told he is an illegal immigrant ?
Also found this: Naturalisation at Discretion-
https://www.gov.uk/government/public...y-instructions
https://www.gov.uk/government/public...y-instructions