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Need Advice On My Familys Situation

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#1 Sarah0710


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Posted 08 November 2012 - 11:18 AM

I really need some expert adive on what myself or my family should do giving our circumstances below:

My father came to UK on Student Visa back in 1998, (Phd in Mathematics), during this time, my mum and I came on dependent visa on 2001 and 2002 repsectively. Before our visa expired in late 2003, my mum tried to apply for work permit, but got refused. All our passport were held by Home Office during my mothers application and were returned to us around mid 2005. At that time our visa was already expired long ago.

There was a 12 year unlawful residence rule at the time, which my father was 5 years away, so my parents decided to stay here. (There were also other reason) Then this was changed to 14 years, then 20 years this year in July.

My father would have his 14 years completed on October this year, and we were being advised NOT to apply before the new rule come into place (9 July), instead wait for my father to obtain the full 14 years.

We now realise my father has to wait another 6 years under the current rule.

My mother has been to UK for 12 years, she is the only one in my family has National Insurance number, therefore shes the only one supporting the family for this long. (My mother had only been back to China once in 2001 to settle my applications)

My father continued his study in his own interest on varies topics in mathematics during all these times. (My father has not been back to China since he first came to UK)

I came to UK as a child when I was 13 (2002). I have been attending Secondary School and University during my 10 years here. Now I'm graduated and 24, since my visa expired when i was 15, I could not obtain a national insurance number, therefore unable to find a proper job. (It will be 11.5 years before my 25 year birthday) (I have never been back to China since I left at 13)

It would be greatful to get some expert advice on what should we do now and what are the options in future.

Also does the following rule apply to myself? (quoted from Immigration rule)
(vi) is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

Thank you very much for your time.

#2 Sarah0710


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Posted 08 November 2012 - 11:44 AM

Also to add, both of my parents are in their 50s, it would be almost impossible for them to start over in china. Especially for my mother, she was a doctor (also a civl servent) she had to resign and give up all her salary/states benefit when she chose to support my fathers study back in 2001.

I recently start to notice both of them start to have minor memory loss. This will hinder their ability to startover, if we were forced to go back to china.

As for myself, although I can speak chinese , it is hard for me to do any writings in chinese. I obtained MA Accounting and Business management last year. Given the lack of contact/relationship in china it would be very unlikely for me to continue on this career.

I had almost no contact with my childhood friends. What is the best thing for me to do now?

#3 kraughl


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Posted 09 November 2012 - 11:01 AM

You should seek professional advice/assistance on this from a legal advisor. There are many of them on this board.

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