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