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My immigration situation. ADVICE PLS

General UK immigration & work permits; don't post job search or family related topics!

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bobby135
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My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 3:41 pm

I would like to question the possibilities that render me to me now as an individual after my immigration background when I was a child in regards to the relation I had with the UK and possible opportunities. My nationality is British National (Overseas).

Year 2004 - Moved to the UK around May-June as a dependent of my father, due to my dad being hired by a company in the UK. I studied at a local UK state primary school for half of a school term. I began attending a local high school at Sept 2004.

Year 2005 to 2010 - My dad was on a General work permit visa, which granted him the right to work in the UK for 5 years. near the end of the 5th year, my father and his company applied to UKBA for an extension on his visa, which failed due to the fact that the TAX contribution section was calculated incorrectly by the lawful advisor that we hired (then later realised his inexperience in regards to immigration changes), by then my dad's visa was already expired, hence we were over-stayers as well as having no right of appeal. Despite this, my dad changed our solicitor and they advised us to apply directly for permanent residency under the bases of extenuating circumstances. Consequently, it was denied due to the fact that the visa had expired and according the timeline, my dad still had '2 months' until reaching the 5 years residency requirement'.

(Throughout this period, my parents and our lawful representatives were in constant communication with UKBA)

Year 2010 to 2011 - My parents decided to give up on settlement/extension of working rights, and instead, decided to focus on my studying right instead, since I studied in the UK for a significant amount of time already, meaning that my links with Hong Kong (HK) was mostly non-existence in terms of socially and my compatibility with the education system due to my competency in the native language and my age, resulted from moving and studying in the UK for a long time. Therefore, my parents decided to apply for a student visa on my half (I was still under 18) as well as postponing my Alevel in the middle of the course, as a result making a gap in one of the most crucial qualification on my life, but this is to at least retain my potential studying right and reduce the impact of the mistakes caused by the adults in the society on my possible future career, all this was sympathised and supported strongly by my high school. The application was also denied, the reason was my association with my father despite having explained to the UKBA the ethical side of the case as well as the impact it resulted on me mentally at that age. However, UKBA still insisted that I should return to HK and apply for the student visa from that perspective instead (Which I did).

Year 2011 to 2012 - My initial application in Hong Kong for my first student VISA resulted in a rejection, due to the fact that the school I was applying to withdrew their sponsorship due to being afraid of my complication immigration background, despite their sympathetic understanding of my story so far. Consequence of my explanation, the school decided to support me. I studied at this school for 1 year in order to complete my Alevel.

2012-2015 - I succeeded in securing a role at a prestigious University in the UK, currently on my last year of study on a degree related to a professional role. However, at the age and stage of looking at my career opportunities, I realised that the impact of this incident had on my Alevel (had to change examination board, which stopped me from the right to resit any of my module for a particular subject), as well as future career prospect in the UK (an environment that I am used to working in by now, as I explained before, my ethics and culture is aligned mostly with the western environment now and unlike the culture of Hong Kong.)

Over the years, I have gotten used to the idea that I am likely to have to start again, or might even have to force myself to cope with the language and culture, after approximately 13 years. However, there have always been a part of me that would hope that this sense of injustice to my childhood which later affecting my career options would be justified. Therefore, no matter how little the chances are I would like to consult whether there is hope to my case e.g. is it too late for discretionary leave to remain after these years ?, in the sense of application to any sense of settlement? Or is my only route to maintain my comfort zone (UK) through finding myself a work visa after I graduate (which I am trying, but it is extremely competitive I am sure you would understand).

Kind Regards

Bobby

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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 9:53 pm

Hi Bobby, it appears from your post, that you have spent half of your life in this country and you are under 25.

Can you confirm if this is the case.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 10:30 pm

Yes, that is correct ! I am 22 right now 23 by the end of this month

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 10:33 pm

Then there is a good prospect if success on the basis of the immigration rules .

Seems like your solicitors have not advised you properly.

However your parents cannot secure leave on your basis as you are over 18.

The application fee is over £600, but it has a realistic prospect of success.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 10:36 pm

When you mention half of my life in the UK, you meant time under a valid visa right ? Or just my life time overall ?

Furthermore, in terms of 'realistic prospect of success' you meant in terms of a visa ? permanent residency or citizenship based on my background and nationality ?

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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 10:40 pm

I meant a visa. Which should allow you to stay and study.

By half your life, I was alluding to time with and without leave.


You can get a visa and not citizenship or permanent visa.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 10:46 pm

Oh, I am on a VISA right now, studying for the last year of my degree in an university in the UK.

In terms of settlement related applications, e.g. permanent residency at least, I guess my chance and remaining lawful advantage in my case is little now right ? especially after this meaning years after my parents tried for residency. The reason why I have suddenly wanted to know my grounding in this matter is since I am about to graduate, and I am looking at possible potentials in working in the UK (which is extremely hard to secure a place with a graduate scheme, although I will still try), the opportunities that I have lost from this incident is still impacting my career options today. Hence why I am asking all these, sorry if I am being stupid :S

Thanks

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 10:49 pm

What visa are you on now.

The leave to remain I am suggesting will allow you to live and work lawfully in the UK and will lead to permanent residence


It is different from student visa.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 10:50 pm

I am on a Tier 4 Student Visa

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 10:55 pm

The residency I mentioned is not student visa.

I permanent residency.

How did you obtain the Tier 4. Did you have to go back to Hong Kong or was it issued in the UK.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 10:57 pm

Went back to Hong Kong and applied for it and it was issued in Hong Kong, it lasts for 2 years, since the for the first year of university I was on a separate VISA as the course i did was similar to a diploma/foundation.

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 11:10 pm

You will be able to secure a visa, which will lead to permanent residence.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 11:12 pm

What kinda Visa are you suggesting ?

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 11:14 pm

Residence Visa with work rights.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 11:20 pm

Oh right, I have never heard of this ! (Googleling begins), I know it might be troublesome, but if you don't mind can you provide me a link with the information you are suggesting so I can go through it myself in detail ?

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 11:28 pm

Well 276 ADE applies to your case as I have said to you from the outset.
Smooth seas do not make skilful sailors

bobby135
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Re: My immigration situation. ADVICE PLS

Post by bobby135 » Thu Nov 06, 2014 11:36 pm

Thank you for you advice, like you said, the financial implication of this is quite significant, however I guess I will still try to look for some kind of non-profit immigration solicitor in the UK, as well as possible grant that I can apply to before I make my mind up to go for it as a last try.

Parents are obviously out of juice now after those years of battling with this situation, so despite being a student, I might try to come up with something to help myself.

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 11:42 pm

Wish you the very best for the future .
Smooth seas do not make skilful sailors

Obie
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Re: My immigration situation. ADVICE PLS

Post by Obie » Thu Nov 06, 2014 11:42 pm

Wish you the very best for the future .
Smooth seas do not make skilful sailors

sonheaven
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Re: My immigration situation. ADVICE PLS

Post by sonheaven » Tue Nov 18, 2014 1:50 am

bobby135 wrote:Thank you for you advice, like you said, the financial implication of this is quite significant, however I guess I will still try to look for some kind of non-profit immigration solicitor in the UK, as well as possible grant that I can apply to before I make my mind up to go for it as a last try.

Parents are obviously out of juice now after those years of battling with this situation, so despite being a student, I might try to come up with something to help myself.
Bobby are you from HK ? I am from HK too. PM me or drop me an email

intellect1
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Re: My immigration situation. ADVICE PLS

Post by intellect1 » Thu Nov 20, 2014 10:35 am

Hi obie,
Can you please tell me how to look for a particular chapter of the guidance policy. I mean if you can provide any link that will take me to all the chapters.
Btw, I am looking for Article 8 guidance but the only chapter I see there, is 13 which is regarding criminal deportation.

Thanks in advance :)

intellect1
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Re: My immigration situation. ADVICE PLS

Post by intellect1 » Thu Nov 20, 2014 4:08 pm

Hi obie,
Do you mind providing me the link that will take me to all the chapters. I am actually looking for Article 8 guidance but the only guidance I came through was chapter 13 regarding criminal deportations. I would grately appreciate if you post that link.

Thanks in advance :)

intellect1
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Re: My immigration situation. ADVICE PLS

Post by intellect1 » Thu Nov 20, 2014 4:13 pm

I apologise for posting the samething again as I thought it didn't go through the first time so I posted again now but realised it was posted and appeared on page 2. I don't know how to delete the post :$ please ignore this mistake.

intellect1
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Re: My immigration situation. ADVICE PLS

Post by intellect1 » Sun Nov 23, 2014 12:48 am

Hi, I am still waiting for the link. :$

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Re: My immigration situation. ADVICE PLS

Post by vinny » Sun Nov 23, 2014 1:11 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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