Advice Needed

[Nignoy]

Need a bit of advice, 1990 we met a thai lady who had been brought over to UK legally as a a cook and nanny for a thai business family in the guildford area, her sponsors went bankrupt and got divorced and just disappeared and abandoned her.Since then she has been working in restauraunts in the Putney, Kingston area,all her paperwork has been in Croydon for processing for the last 12 years that we know of, they have her thai passport which is now well out of date, so she has no status , her work status is legal because she has national insurance number and she pays taxes,We have tried to get information to help her, and her immigration agent in Croydon who is handling it ,seems to be deliberately draging his feet, can any of you legal eagles give us some advice how we can help this lady as we will be in europe in late autumn, Thanks in advance, Nignoy

[DrFisher]

Have her go to the Thai embassy they will help her sort it out and make any necessary calls as well as getting her passport back/renewed. (this advice is from my wife not me she is a Thai international lawyer).

[Prakanong]

Have her go to the Thai embassy they will help her sort it out and make any necessary calls as well as getting her passport back/renewed. (this advice is from my wife not me she is a Thai international lawyer).

Yes - her original passport will be out of date now.

She should also get herself another Immigration Lawyer if the one she has is dragging his feet after all this time.

[samran]

scouse will know, but I'm sure there is something in the immigration rules which says that ILR can be granted if the person has been in the UK for 14 years.

[Eff1n2ret]

Even in the context of the legendary incompetence and inefficiency of the Home Office, it is unlikely that an application would remain outstanding for 12 years if the applicant had attempted to progress it at some stage.

If she did make an application before her previous conditions of stay expired, she is here legally, if she didn't, then she isn't, National Insurance Number and taxes paid notwithstanding.

But it's not clear what she wants to do. If it's just to go home, then she goes to the Thai Embassy, gets a passport and gets on a plane.

If she wants to regularise her stay here, (which she must do if she wants to go home and come back here)then she needs to make strong representations to the Home Office with all the evidence about her history here that she can muster, and if necessary apply under the 14-year rule. But it looks as if she needs a competent legal advisor (and report the other one to the authorities)

[Nignoy]

Even in the context of the legendary incompetence and inefficiency of the Home Office, it is unlikely that an application would remain outstanding for 12 years if the applicant had attempted to progress it at some stage.

If she did make an application before her previous conditions of stay expired, she is here legally, if she didn't, then she isn't, National Insurance Number and taxes paid notwithstanding.

But it's not clear what she wants to do. If it's just to go home, then she goes to the Thai Embassy, gets a passport and gets on a plane.

If she wants to regularise her stay here, (which she must do if she wants to go home and come back here)then she needs to make strong representations to the Home Office with all the evidence about her history here that she can muster, and if necessary apply under the 14-year rule. But it looks as if she needs a competent legal advisor (and report the other one to the authorities)

She just wants to continue working in UK and travel back and to, to thailand, without problems,thank s for the input everyone Nignoy

[the scouser]

As both Samran and the Eff1n2ret comment, that the lady has spent 14 years in the UK, albeit largely unlawfully, she can apply to the Home Office for permission to stay indefinitely. As Eff1n2ret says, she will need to substantiate the claim by gathering together all of the evidence that she has which demonstrates that she's been in the UK for the period claimed. Is her current adviser stringing her along just to get more money out of her?

Scouse.

[Nignoy]

As both Samran and the Eff1n2ret comment, that the lady has spent 14 years in the UK, albeit largely unlawfully, she can apply to the Home Office for permission to stay indefinitely. As Eff1n2ret says, she will need to substantiate the claim by gathering together all of the evidence that she has which demonstrates that she's been in the UK for the period claimed. Is her current adviser stringing her along just to get more money out of her?

Scouse.

We spoke to her yesterday , her advisor is her landlord!!where she has lived and worked for the last 9 years, so it seems just a little bit iffy,we are hoping to get other thai friends in the area to go into this at the weekend, thanks folks Nignoy

[Mahout Angrit]

We spoke to her yesterday , her advisor is her landlord!!where she has lived and worked for the last 9 years, so it seems just a little bit iffy,we are hoping to get other thai friends in the area to go into this at the weekend, thanks folks Nignoy

Then I wouldn't be surprised if you unearthed a bag of worms. They could be using her passport to bring in other workers (they all look the same you know!). I doubt he has tried to help her at all otherwise there is no way this could drag on 12 or even 9 years.

She needs to find other professional help soon because she can no longer rely on her current 'advisor'.

[the scouser]

Is she paying this bloke for representation? If so, and he is neither a member of the Law Society nor registered with the OISC, he's committing a criminal offence.

Scouse.

[Nignoy]

Is she paying this bloke for representation? If so, and he is neither a member of the Law Society nor registered with the OISC, he's committing a criminal offence.

Scouse.

As far as we now her boss is a stand up type of guy , maybe he is not the brightest of the bright,as far as bringing other people in on her passport, it would be a bit difficult because asfar as weknow it is with her other paperwork in croydon , we are talking to her and a solicitor in Camberley tomorrow morning along with the thai support group, thank you for all your information Nignoy