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ILR Appeal Oral Hearing in September No Lawyer Case Details

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v348
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Joined: Tue Aug 12, 2014 5:00 pm

ILR Appeal Oral Hearing in September No Lawyer Case Details

Post by v348 » Sat Aug 30, 2014 10:56 pm

Dear Sir or Madam,
I am posting here to ask for your advice with regards to my ILR (indefinite leave to remain) appeal case in September. All your kind help would be highly appreciated.

My background:
I am 33 years old, female, Asian and single:
August 2003 to August 2006
I first came to the UK in August 2003 with student visa and received master’s degree from one of top universities in 2005. I also had internships/part-time work in London during this time.
August 2006 to December 2007
I worked in my home country until my initial HSMP application was approved in October 2007. I arrived in the UK in December 2007.
December 2007 to May 2010
I worked for 3 companies in IT and banking and received an extension of HSMP visa to Tier 1 visa in November 2009, which was valid till the end of November 2012 when I would complete 5 years’ stay in the UK (HSMP 2yr + Tier 1 3yr).

May 2010 to November 2011 (relevant to my case from here)
My mother and I became victims of crime in May 2010, when my rented property was broken into with violence and my mother and I were continuously harassed (by a former flatmate who had shouted dearly beloved obscenities at us many times, was later reported by neighbors and arrested by police for playing extremely loud music continuously in the nights, but escaped from the police and broke into our property on the same day and continued to harass us after release). My mother who was visiting me at the same time fell very ill with severe headache and chest pains, then she had a life-threatening stroke when I sent her back home.
She was hospitalized for immediate treatment, however because of expensive medical costs for this emergency I had to seek financial help from relatives living in other provinces. (Father was taking care of my mother in my home city; I had to go on his behalf as their only child.) At the end of May 2010, I had a traffic accident on my journey --- I was hit by car and went into coma with multiple injuries. However as medical cost was very expensive (I had been based in UK for past 7 years with no insurance in home country), and more importantly my mother’s treatment was waiting to be financed, I received no further treatment after having the wound in my leg sutured. My recovery took place slowly in the following months, now the accident has left a 3.6 cm (diameter) tumour/lump in my left hip and 7cm long scar on my leg.
However a most devastating family crisis stroke at this time: uncles who agreed to provide finance to my mother’s medical treatment raised their requirements: on family meetings they said I was a “jinx”, who nearly took my mother’s life at birth, now because of visiting me, she was attacked and fell very ill that eventually brought the whole family great misfortunes; in order to resolve all issues for good, they only lent money provided I did not return to “that evil country that harboured a jinx” and marry widowed old men to remove the misfortunes in the family.
Before long my mother’s illness got even worse, following her life-threatening stroke, rheumatoid arthritis developed and her right kidney also shrunk to 1/6 of normal size, that by the end of 2010, doctors said there was no hope in medical treatment. From that time I took up all responsibility in caring for my and helped her receive different treatments. Signs of recovery were gradually seen from May 2011, but in October 2011 when my mother’s recovery became steady, my uncles did not accept more delays in my meetings with marriage candidates they had chosen (who were all widowed old men willing to pay a gift money for a future bride) --- before this I had already been haunted with wild dreams frequently since May 2010, where I saw the criminal attack, my accident, uncles, my mother’s dying scenes again and again, feeling the suffocating pains as if heart was torn but unable to cry at all. When my uncles started to arrange the meetings, I had a final nervous breakdown and tried to hurt myself, but my attempt was found out and stopped by my father, who then begged my uncles that I could go back to the UK to work and pay their money back. Uncles finally agreed to let me go provided I could do as promised.

November 2011 to August 2013
My journey was finally made possible in November 2011, however after return I encountered great difficulty in job seeking due to unusual gaps that significantly placed my competitiveness in detriment, and my visa validity was considered too short comparing to other job applicants --- noticing my Tier 1 visa was expiring in November 2012, nearly all employers/agencies in my professional area advised me to extend my visa before applying, while in the past I had always been successful in seeking employment in a short period of time.
Living in tremendous pressure and suffering from severe depression, I was struck by several nervous breakdowns in following months that brought great emotional turbulence to daily life. When having health check at GP registration in September 2012, I partially revealed my mental problems (at answering background questions for my injuries/tumour from traffic accident) to my GP, who immediately referred me to local psychological therapies. However considering the negative influence on my record (especially for job seeking) and family’s decency reasons, I was discouraged from accepting medical treatment after receiving appointment letters.
When making my initial application for ILR in November 2012, my family and I had decided not to include information other than my mother’s illness and my accident to explain my extended stay back home. (There was no mentioning of the crime or my mental problems.) With regards to the reason why my earnings in past 12 months (less than £3500 for working as a part-time translator) did not satisfy the requirement, I did not provide any explanations other than my visa was running out of time.

August 2013 to present
In August 2013, my application was refused under Paragraph 245CD (d) ---
It is noted from your application form under the points based assessment that you have claimed 60 points. You have not claimed any previously earnings points as you ar earning below the £16,000 threshold for total earnings points to be claimed. Therefore you cannot satisfy the requirement of Paragraph 245CD (d).
At receiving first rejection letter, I had a worst outburst of nervous breakdown that was eventually impossible for me to survive; therefore I finally had meetings with doctors at local psychological therapies as well as my GP, who all gave me immense support aside from attentive medical help.
After my appeal application was accepted and I started to prepare for it, there came bad news from home once again where people were impatiently waiting for my money or marraige. I did my best to control my mental state without bothering my doctors, but could not help with the change of eating habits and lost more than 30 pounds of weight.
I am going to attend court hearing in September, but unsure how I could prepare for it except for providing supplemental medical and police evidence (ie meeting summary at psychological therapies and my GP’s prescription; original criminal case number), therefore I would really appreciate if you could give me some advice either from legal aspect or common sense.
Thank you very much again.

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