Illegal Immigrant’s Rights After 10 Years in the UK

Rights of Illegal Immigrants Living in the UK

Even though you are in the UK illegally, you are entitled to certain rights and protections. These rights are in place to protect your dignity and safety. Here are your rights below:

• Right to Access Emergency Healthcare: If you have a medical emergency, you can receive medical aid even if you are illegally in the UK
• Protection from Abuse: The UK law prohibits anyone from abusing or exploiting you in the UK
• Access to Education for Children: All children in the UK have the right to receive primary and secondary education, irrespective of their immigration status or that of their parents
• Access to a Lawyer: Illegal immigrants can access legal help and be represented in court by any lawyer they choose
• Access to Legal Process: As an illegal immigrant, you have the right to seek redress in a court of law if your human rights are violated

Illegal immigrants cannot enjoy all the privileges available to legal residents. If you are an illegal immigrant, below are some of the limitations you will face:

• You cannot access public funds
• You cannot get a job in the UK as the government penalises employers that employ illegal immigrants
• You cannot access legal aid in the UK except for humanitarian issues like human trafficking or human rights violations
• You cannot get tertiary education in the UK
• You may also find it challenging to rent an apartment in the UK
• You are at risk of getting deported once found out by the authorities
• You may be subject to abuse from employers because of your status

Changes to Rights and Limitations

The UK government, via the Illegal Migration Act, proposed certain changes to curtail illegal immigration in 2023. These changes could significantly impact the rights and limitations of illegal immigrants in the UK. Here are the changes:

• If you are found living in the UK unlawfully, you will not be allowed to stay. You will be detained immediately and deported from the UK back to your country or another safe country
• Your asylum claim will not be determined in the UK if you enter the country illegally
• You can only apply for bail at a First-tier Tribunal 28 days after you were detained. This implies that you may have been removed from the UK even before you have the chance to seek the assistance of the court

Do the Rights of Illegal Immigrants Change After 10 Years in the UK?

As an illegal immigrant, your rights may change after 10 years in the UK if you are granted leave to remain despite not being eligible to enter or stay in the UK. This is known as Leave Outside the Rules (LOTR). The LOTR is granted at the discretion of the UKVI. There are certain conditions the UKVI considers before granting you LOTR.

Private Life or Family Reason

The UKVI can grant you LOTR for family and private reasons if they determine that your leaving the UK breaches Article 8 of the European Convention on Human Rights (ECHR). This Article mandates the UKVI caseworkers to respect the right to private and family life while making decisions. For UKVI to grant you LOTR based on private life or family reasons, they must ascertain that:

• You cannot meet the requirements for a family visa
• You, your partner, or your child may experience terrible consequences if you are removed from the UK

You can also get LOTR based on your private life if you have not been in the UK legally for 10 years, but your removal will cause you harm due to your lifestyle, sexual orientation, or appearance.

Discretionary Leave for Modern Slavery or Medical Matters

You can get discretionary leave to remain on modern slavery grounds if you can prove that you are at risk of getting inhumane treatment outside the UK. This leave can also cover you if you can prove that you are a victim of human trafficking. Lastly, you can remain in the UK based on medical matters if there is verifiable proof that leaving the UK will deteriorate your health due to loss of access to quality healthcare necessary for your survival.

Compelling Compassionate Grounds

You can still be granted LOTR if you do not belong to any of the two categories above. However, you must make a compelling case that shows beyond reasonable doubt that removal from the UK will lead to catastrophic consequences for you or a family member.

This could be due to death, emergency, accident, crisis, or disaster that no one anticipated. For instance, if you or a family member is facing a life-threatening medical condition and leaving the UK would result in a lack of access to necessary healthcare, this could be considered a compelling, compassionate ground.

As an illegal immigrant looking to get LOTR, it is important to employ the services of an expert immigration lawyer. You may find the legal processes involved tedious and confusing.

To increase your chances of getting LOTR, contact our experienced immigration specialists. They can advise you on the best step to take, represent you, and plead your case while assembling evidence backed by the law. Call our team of expert immigration lawyers at +44 (0)333 414 9244 or send a message online.

Options for Illegal Immigrants Residing in the UK

There are pathways to legal residency in the UK if you are an illegal immigrant. Here are some of them:

20-Year Rule Immigration UK

If you have lived in the UK unlawfully for over 20 years, you can legalise your stay in the UK by applying for the 20-year-long residence rule. This route can lead to settlement in the UK. When applying for leave to remain in the UK based on long residence, you’ll have to prove that:

• You have lived in the UK for 20 years and have not been absent from the UK for more than 18 months within those 20 years
• You can prove via your supporting documents that you have been living in the UK
• You have not been convicted of any criminal offence

The 20 years long residence application documents requirements include:

• Utility bills or bank statements
• Lease or rental agreement showing your housing history in the UK
• Pay slips, employment letters, or work contracts show your UK employment history

You can submit your application online and then visit any UKVCAS centre close to you to have your biometrics collected. The 20-year-long residence application fee is £1,093, while the immigration health surcharge is £1,035 per year. If you cannot afford to pay the application fee, you can apply for a fee waiver on the Home Office’s website. If your application is approved, you’ll get 30 months’ leave to remain. You can work or study legally in the UK but cannot access public benefits. You’ll have to renew 3 more times, making it a total of 10 years before you can apply for ILR.

Half-Life Rule

If you are over 18 but under 25 and have lived in the UK for half of your life, you can get leave to remain. After 30-60 months, you can then apply for ILR.

7-Year Residency

If you are less than 18 and have spent 7 years in the UK, you can get leave to remain. You must prove that life in the UK is all you know and that removing you from the UK would be unreasonable. If you are the parent of the child, you can get leave to remain if you can prove that you have a genuine relationship with the child and that they cannot survive on their own if you are removed from the UK.

Partner in the UK

If you have been married to a UK national, refugee, or an EU citizen for 2 years, you can get leave to remain. In this case, you must prove that your relationship cannot survive or function appropriately outside the UK.

Asylum

You can seek asylum if you have been in the UK illegally. This option is for those in the UK illegally before the Illegal Migration Act was passed in July 2023. If you entered the UK illegally after this date, you cannot seek asylum in the UK.

Asylum seekers must show that they cannot return to their country because they fear persecution by the authorities due to religion, race, sexual orientation, political opinion, or nationality.

To claim asylum, visit an asylum intake unit for a screening interview. Afterwards, your claim will be registered and processed by the Home Office. You’ll be invited for a thorough interview if your initial claim is successful.

If you want to legalise your stay in the UK, it is vital to contact experienced immigration lawyers who can give you expert advice based on your circumstances. Our immigration lawyers are available 24/7 to assist with your case. Get in touch with by calling +44 (0)333 414 9244 or sending a message online.

Deportation Procedures for Illegal Immigrants

If you face deportation from the UK, the Home Office will send you a formal notice called “Notice of Intention to Deport.” This notice will outline the reason why you are being deported.

If you receive this letter, you can challenge the decision. The Home Office will review your case, refuse your challenge, or allow you to stay. If the Home Office refuses your challenge, you have 14 days to file an appeal with a First Tier Tribunal. An immigration judge will hear your case and decide if the deportation is lawful or not.

Potential Legal Options Available for Illegal Immigrants Facing Deportation or Removal

Below are your legal options if you are facing deportation or removal from the UK:

• Apply for leave to remain or leave outside the rules
• Seek asylum if you have evidence of being persecuted if you go back to your country
• Apply for bail if you are in detention pending your deportation
• Challenge the Home Office’s decision to remove or deport you from the UK

How Can IAS Help You?

At IAS, we specialise in solving complex immigration problems. Our team of experienced lawyers can give you expert legal advice. Switching status to become a lawful resident in the UK can be challenging, but with our guidance, you can navigate this challenge successfully.

We can also help you apply for leave outside the rules if you qualify. Please speak to any of our immigration consultants today. They will assess your case and determine if you qualify for leave outside the rules. If you do, they will help you prepare your documents and submit an application that will be hard to refuse.

If you face removal or deportation from the UK, you can contact our lawyers and seek legal advice. First, we can help you prepare a petition to challenge the Home Office’s decision to deport you. If the case proceeds to the Tribunal, we have experienced and expert lawyers who can plead your case in the court of law.

For more details on how we can help you gain legal status in the UK, call us at +44 (0)333 414 9244 or message us online.