Hi All,
I've been reading about various poster's varying experiences which I derived a lot of value from and felt that it was only write to post my successful experience with my application (and subsequent tribunal) here:
First off about me:
I came to the UK as young teenager in September 2002. I attended boarding school until 2006, then enrolled in a four year degree, finishing my undergrad in 2010, and then I subsequently did a two year masters degree programme which ended in August 2012. So essentially from 2002-2012 I was on nothing but student visas that were constantly being extended.
I applied for ILR in November 2012 with a total of 1000+ (3 years plus!!) absences. And thus my preliminary postal application was refused as I could not establish 10 years continuous residence. This was to be expected despite enlisting the services of an immigration law firm who provided a cover letter attempting to explain my absences - (that I was still a minor and had to go back home for the majority of my teenage years.)
Ultimately the decision eventually went to a First Tier Tribunal (In 2014, nearly a year and a half after I originally applied ) After another couple of months the Judge ruled in my favour, allowing my appeal under Article 8 of ECHR due to the strength of my 'established private life'!
To clarify further, I have no family here, I am not/no longer in a relationship with a British national, I have no children here (too young for that! ), and no disabilities. I understand that many people reach the First Tier Tribunal stage with stronger cases than me and still get rejected, however I believe that there were a certain number of factors that were within my favour:
1. The strength of your bundle is VERY important. ASK YOUR FRIENDS TO PROVIDE STATEMENTS. ESPECIALLY IF they have respectable jobs. It is even better if their statements have headers listing the name of the company/organisation/university they are from. This really should not be as hard as people think, if you were here for 10 years you should easily have made friends with a number of people from different backgrounds, UTILISE YOUR NETWORK.
2. Get a good barrister. I'm serious, mine was very good, he knew his area of legal expertise very well. When you are in a tribunal, you and your representation get closing arguments, thus it is integral that your barrister is able to command respect and present his views clearly and effectively citing cases, laws, arguing proportionality etc. (legalese)
3. This third part is something that unfortunately you may not be able to control but I nevertheless feel that it is important: LUCK. I was very lucky to have a very understanding judge. Indeed I fear if my judge was more Draconian I would have already been forced to pack my bags and shipped off on a plane.
So there you have it. I hope you found this useful, I'm now just awaiting the release of my papers and visa. If you have any questions, feel free to ask. I wish you all the best of luck.
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