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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7675
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have a friend who is Jamaican who has been in the UK for

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I have a friend who is Jamaican who has been in the UK for approx 15 years. She was originally over on a student visa and staying with a family member. When her Visa was up for renewal, the family member hid the visa documentation and by the time this was discovered she had already overstayed. Approx 10 years later she is still here, however was visited by immigration at a place where she was working and was told she must leave the country. She now has to sign in at an immigration centre every 2 weeks. She is currently awaiting her JA passport to be renewed.
She has no family to go back to in Jamaica. She is extremely close to her Cousins over here and is more like a sister. She has 6 close cousins as well as there children whom she classes as her nieces and nephew's. The parents of her cousins treat her like a daughter. If she were to leave it would be devastating for the whole family. Is it worth us even trying to put in a last ditch application?
Thanks for your patience.
What age was she when she first entered the united kingdom?
Kind regards 6
Customer: replied 3 years ago.

Age 20. She is now 33.

Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, as she was 20 when she came here she would already have been regarded as an independent adult. This differs from the situation where a child comes to the UK and adjusts to life in the UK over a period of 7 years in their childhood development, so that it would then be contrary to the child’s human rights to require them to leave the UK and adjust developmentally to another country.
Because she is regarded as an independent adult, it would not be contrary to her human rights to require her to leave the UK an go back home because she was already an adult when she came to the UK.
In order to apply for indefinite leave to remain after being in the UK illegally you must have a residence period of 20 years to apply. As she does not meet this, this is also not a option.
If she were married or in a relationship who was legally in the UK or had a child here then she might have a chance in certain circumstance to regularise her leave to remain, but if this is not the case then obviously this is also not an option.
I would not be particularly optimistic of submitting an application for leave to remain on a discretionary human rights basis. If she did submit one then it would buy her a fair few months at least but ultimately I would expect it to be rejected.
I really am sorry.
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,
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