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Illegal Immigrant Becoming Legal in the UK

As you may have noticed, there is seemingly an ever more pressing push by the British government to deal with illegal immigration in the UK. This has resulted in the so-called "hostile environment" that currently exists and has been such a big news story. It is the principal reason that if you are currently in the UK illegally, you will need to try and fix your status as soon as possible. In this article we will look at the options for illegal immigrants who wish to stay in the UK and some practical advice for those who need to fix their status in order to remain in the UK.

What is the situation for those people who made it to the country illegally?

In this sense, those who have made it to the country illegally are considered asylum seekers until the point that their application is either approved and they are then considered a refugee or rejected at which point they will be potentially removed from the country. If you are in this position then you will need to get in touch with us so that one of our immigration specialists can assess your case and help to establish whether you have any grounds to appeal or are entitled to stay in the UK under any other visa route.

If you are currently seeking asylum, then as you will no doubt be aware, you have no right to claim benefits in the UK and you will also not be able to work. This awkward situation causes huge problems and can end up with defenceless people having to live on the streets in order to survive. Fortunately there are charities in the UK that can help if you are an asylum seeker. If you need help finding one then please get in touch and we'll be happy to try and help you.

What do I do if I'm given Refugee status?

You will be notified of either your success or failure to gain refugee status by the Home Office, if you are given refugee status, it is at this point that you will be given 28 days to leave your asylum seeker accommodation and will be entitled to claim benefits. Unfortunately for many refugees there is not much of a support system in place to help them and if you find yourself in this position it is vital that you find people who can help. If you get in touch, we can help to put you in touch with charities that can help to support your transition from asylum seeker to refugee and help to settle you into your new life in the UK.

We understand that this transition is a difficult one and if you need any help whatsoever then please get in touch - do not suffer alone. Our experts can help in most situations so please give us a call.

What are the options for visa overstayers?

There are various options for visa overstayers in the UK. The options will depend largely on where you have come from in the first place and whether you have any family members who are EU citizens. If you do have EU citizens in your family then we may be able to help you via the Family Visa route. If you have not then we will need to look at alternatives.

The EU rights of course are not extended to those who do not have family members from the EU, but there may be other options. These additional options include the so-called "Private Life" rule that allows those who have lived in the UK for 20 years or more an option to apply for Indefinite Leave to Remain (ILR). There are also other options that can be used for those who haven't stayed in the UK as long as 20 years and if you get in touch with our immigration specialists they can help to establish whether you have the right to claim or not.

What happens if my application to stay in the UK is not accepted?

If your application is turned down in the first instance, then you can always apply to a first-tier tribunal who can assess your case to see whether there are any extenuating circumstances that mean that the original decision was incorrect or could be overturned. If you are turned down at a first-tier tribunal then you will be able to apply to an upper-tribunal to have your case assessed again. We can help with your appeal and would urge you to work with an immigration specialist like us as the process is extremely complex and you will need some legal expertise in your corner.

We can help to prepare your appeal and even attend a tribunal with you to help make your case. So for more information on tribunals and how we can help, get in touch and we can talk you through our extensive range of services for those at appeal or tribunal.

What if I'm going to be deported?

If you are facing deportation then please get in touch at the earliest possible stage even if you are facing detention. There are often lots of options available to those who are facing deportation and you must act quickly as you will likely only have a matter of weeks before you are removed from the country. So get in touch today if you are facing deportation and our team can help. If you are a family member of someone who is currently in detention awaiting removal then also please get in touch as we still may be able to help with their case.

Where can I go for more help?

If you are looking for additional assistance on the issue of immigration then please get in touch. Our immigration solicitors are experts in their field and can help and advise in any situation, no matter how bleak it may appear.

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Kind regards
Nancy Jacquard

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