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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have been in the UK since July 2005; Im 21 now. I came over

Resolved Question:

I have been in the UK since July 2005; I'm 21 now. I came over with my father and his wife (my step-mother). We moved over legally from St Lucia, but due to family tensions with my step-mother; she destroyed my passport. My understanding is that my father can go to the Home Office and apply for a new passport for me, but he's an alcoholic and as such, very unreliable - despite constant requests (as an adult), he has not done anything to further the situation. He also seems not to be bothered if I were to be deported - I do, however, have fairly regular contact with him, if a little fractious. I was at secondary school from the age of 12, and then went on to college. I've been in a steady relationship with a UK citizen for several years now and also have a steady job. I'd like to know please what my options are - I really don't want to go back to St Lucia as my life options are very limited and it's not my home. I have made my life here.
Are there any options for me to get legal status other than relying on my father?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
Have you applied for ILR yet?
Who do you live with please?
Kind regards
Tom
Customer: replied 3 years ago.

Hello. I don't know what an ILR is? I now live with friends - I had to leave my father's house as I'm gay. When I came out, he did not accept this and I had to leave.

Expert:  Thomas replied 3 years ago.
Hi,
Thanks.
When does your current leave to remain/visa expire please?
Kind regards,
Tom
Customer: replied 3 years ago.

I don't know, I'm afraid. I don't know whether I had a visa or even when my passport expired as I haven't seen my passport for years, i.e. since my step mother got rid of it.

Expert:  Thomas replied 3 years ago.
Hi,
Thanks.
Do you intend to have a civil partnership/marriage with your current partner?
If so, do either you or your partner earn in excess of £18600.00 per annum from salaried employment?
Kind regards,
Tom
Customer: replied 3 years ago.

No, I don't intend to do this at the moment, and no, neither of us earns as much as the amount you've mentioned.

Expert:  Thomas replied 3 years ago.
Okay.
Drafting your answer, 5 mins please.
Tom
Expert:  Thomas replied 3 years ago.
Hi,
Sorry, one last question.
What is your father's status in the UK? Did he marry a UK citizen (ie. your step mum) and come on a spouse visa?
I will be able to answer after this..
Tom
Customer: replied 3 years ago.

Yes he did.

Expert:  Thomas replied 3 years ago.
Thanks. Drafting your answer now.
5 mins please.
Tom
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It’s quite an unusual situation.
Basically, you would have been give the same length of visa as your father. At the time this would have been a bit more than 2 years.
What would normally happen is that your father would have applied for “indefinite leave to remain” after he had been on the visa for two years and including in you in the application. If you father got ILR then you would have got it as well.
ILR is the right to remain permanently in the UK without applying for any more visas.
So, if your father applied for ILR with you and got it then you would also have ILR. If this is the case then your status in the UK is secure and you only have to sort out getting a new passport and then applying to the home office to have ILR transferred to your new passport. This would still be a bit difficult if you do not have your old passports or other correspondence referring to the earlier application but you should still be able to sort it out.
If, your father did not apply for ILR for you or did not get it then chances are that you still have normal leave to remain (ie. a visa) this means that you would not have to apply for ILR yourself. In order to do this you would need a new passport and also records of your time in the UK and earlier visa statuses.
Basically, if you are not going to be able to get much information out of your parents then you really need to instruct a solicitor to try and sort this out for you. I would consider focusing on repair your relationship with your father to get more information out of him to establish whether you already have ILR. At the same time I would apply for a new passport yourself since you are now an independent adult.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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