How Long Can This Application Take?

[mnf441]

hi guys, i'm new to this forum.

my circumstances for my application are as follows (please excuse the lack of specifics): we (me and my sister) arrived with my parents on 24th feb 1990 (on my mother's passport)... at the time, i was nine and my sibling was seven. I believe it was on a travel / visiting visa... six months.

my parents left in 1992 christmas eve... i believe they were deported after an unsuccessful application to te home office. since we arrived in this country, me and my sister have been in continual education... as were the intentions of my parents when they left us behind (we do not know truly because we've not had any contact with them since they left... we have a very cruel great aunt and we couldn't find anything from our parents, nevermind my great aunt's past).

Anyway, I have been dating my partner (british) for some seven years now and we have a very lovely 2 year old. Before she was born, I made our application to the home office on the grounds of long residency. It has been some three and a half years and besides taking the fee money and a casual reply to my solicitor stating they've received our application, nothing!

I recently approached my local mp... he was kind enough to ask Liam Byrnes MP to investigate. The response was that they were waiting for confirmation of the passport we came into this country with. There is a problem with this... Firstly, We don't have it. My mother took it back with her when she left, hence neither me nor my sister can provide this single item.

Secondly, they didn't even bother telling / asking us to request this information! I have been committing the obligatory regular ringing up of their 'case update' team since six months after the initial application... the response was always "it's been put to our investigations team for further consideration..."

I recently graduated from university with a Post Graduate Diploma. It's only just starting to get to me because under the current laws, we're not allowed to work and this is affecting the lifestyle I wish for my child, nevermind my sibling. I am considering applying for one of those permission slips allowing me to marry my partner, but I don't want our marriage to be tainted by this event.

I was just wondering if anyone else had experienced similar waiting times. We made the application because the solicitor assured us that it usually doesn't take more than three to six months.

[VictoriaS]

These applications can take a very long time but I think your MP should get back on the case to push a decision.

Victoria

[OL7MAX]

Victoria, but 3.5 years?! Is that how long they are taking nowadays?

[VictoriaS]

I have one poor lady who has been waiting NINE years.

But this is ridiculous...get your solicitor to chase it via the MP.

Victoria

[mnf441]

thanks victoria. we have seen our MP once again and he said he would once again write to the head honcho at the H.Office regarding the matter. He said the likelihood is they'll probably fob him off with another excuse (not his words, but the essence is there... I studied Law at college, so I knew this was what he meant).

I therefore requested him to write to the PM, his reply was yes, but 10 downing street will probably write back saying it's the Home office's matter...

My friend is saying that there is another option... that I cancel my application and do it the other way... physical appearance at an interview (presumably somewhere in croydon?)... I am seriously considering this option, but i'm not good at interviews... shaky hands even at university presentations...

what do you think?... I appreciate your advice, I understand that it will be given on a non contractual or binding or professional degree etc... Just an opinion would be most appreciated.

Kind regards
Karl

[thirdwave]

thanks victoria. we have seen our MP once again and he said he would once again write to the head honcho at the H.Office regarding the matter. He said the likelihood is they'll probably fob him off with another excuse (not his words, but the essence is there... I studied Law at college, so I knew this was what he meant).

I therefore requested him to write to the PM, his reply was yes, but 10 downing street will probably write back saying it's the Home office's matter...

My friend is saying that there is another option... that I cancel my application and do it the other way... physical appearance at an interview (presumably somewhere in croydon?)... I am seriously considering this option, but i'm not good at interviews... shaky hands even at university presentations...

what do you think?... I appreciate your advice, I understand that it will be given on a non contractual or binding or professional degree etc... Just an opinion would be most appreciated.

Kind regards
Karl

Its unlikely that an application made in person at the PEO would meet with success in your case..

[mnf441]

why would this be?... please explain /clarify.

thanks
karl

[OL7MAX]

Just out of interest, Victoria, what do you do when it takes so long?

OK at some point you'd have advised her, like you've done here, to contact her MP ... but, let's face it, MPs don't really do anything. They write a letter requesting information and then write back with a copy of the reply. In the nine year case they would have just sent a copy of what the standard Home Office reply is about 14 year cases being complicated and a lower priority ...

So have you advised her to just wait it out?

[thirdwave]

Who was looking after you after your parents were deported in 1992? Were you taken into care or were the SS involved? Would your country's embassy not provide you with some form of documentary evidence? (I am sure most countries in the world would).If you haven`t already, I suggest you try and collect all possible evidence from agencies involved in your care since 1992..

[mnf441]

i know what you mean, OL7MAX; but at least it gets a reply... my solicitor's already written to the H.O atleast ten times since the application... but at least an MP won't charge you to write to them and then charge you extortionately for it?!

[thirdwave]

why would this be?... please explain /clarify.

thanks
karl

In person applications only work for straightforward cases and straightforward your case aint..

[sakura]

why would this be?... please explain /clarify.

thanks
karl

The PEO people deal with very straightforeward cases, mostly people who have been on a visa for the relevant time, have no gaps or long periods abroad. The fact that you don't have proof of entry (the passport), that you're applying with long periods of overstaying...they certainly won't deal with those types of applications - they're too complex for them, and would probably just send it to the HO for consideration anyway.

If you withdraw now, you'll have to (re-)join the queue AND you'll have to take the Life in the UK test, which is just another hassle.

[mnf441]

Who was looking after you after your parents were deported in 1992? Were you taken into care or were the SS involved? Would your country's embassy not provide you with some form of documentary evidence? (I am sure most countries in the world would).If you haven`t already, I suggest you try and collect all possible evidence from agencies involved in your care since 1992..

We were looked after by our Great aunt, whom has since died... she took care of us until i was eighteen and my sister sixteen.

You have to understand that we were living in fear... we had no say in things. Living with her was like living with a headmaster of a boarding school; no questions, no tolerance... it was a state of constant fear of being deported, though sometimes, the latter was a better thought than the mental abuse she levied towards my younger sister, whom she tried to mould into herself as she was some decades ago... like a subserviant maid... a house slave if you wish.

Everything she did were in one way or another to stop us from being 'detected.' Everyone whom knew us, knew the situation and co-operated, from head teachers to the downstair's tenants. Though at the time we hated her, she was actually doing her best... she was uneducated.

Since she dies, I had been working casually for Takeaways to look after myself and my sister... I knew this was not allowed and risked deportation, but choice was not present and my former employers understood and i'm grateful for the experience. It wasn't til a few years later that we decided to submit our applications (something about a fourteen year rule). You have to understand that I was nineteen and it was a big shock to me... i was responsible for my younger sister, I had to work and earn some money... my uncle is here and he could have sponsored us, but I didn't want to be a dependent anymore. This shock created a state of inertia... more fear... i didn't know what to do... i was still young.

Anyway, it hadn't bothered me before, but I'm a father now and I want to stay with my daughter... She means alot to me. if they send me back, i will really struggle... since my parents have left... and the induced series of 'hiding away from public view' means my chinese is non-existent. I have a degree and a post graduate diploma... it would be such a waste...

Even worse, I can no longer stop my partner from fearing about the possibility of raising our baby alone. Though the doctors didn't say it directly, i believe the strains of thinking and worrying has caused our recent loss... she miscarried recently.

Anyway, I'll have to stop here before making some of you guys more depressed than me.

I appreciate your responses... Atleast someone cares, huh?

Karl

[mnf441]

would i still have to take that stupid test even though i've been here for the last (nearly) 18 years... and thanks... i think i'll leave it in the (long) queue as it is then. one more thing... can i just ask my MP to ask them to make a decision. If I do, what'll happen... will they just see it as a hassle and just reject my application?

Thanks again,
Karl

[thirdwave]

Karl, Although I`m not an expert on this, I think you would be able to challenge the decision on the basis of Human Rights Law, if your application were to be rejected. You mentioned that your parents sought asylum but were refused and subsequently deported..Please don`t tell me you don`t know the names of your parents or roughly where in China they came from..Although its a long shot, the HO might have records of their applications?

As things stand, you are a stateless person but you do qualify for Chinese citizenship..

http://en.wikisource.org/wiki/Nationali ... _of_China)

If your current application gets you nowhere,you could try and obtain a Chinese passport, return to China and apply for a spouse visa from there

[mnf441]

Hi thirdwave, I've thought about this. The thing is... both me and my sister have had chinese passports (we found these in our great-aunt's safe-deposit box after some hard searching for her possessions... no, i didn't get a penny...my uncle grabbed the lot)!

They had expired some two years ago... nobody knows how she acquired these, but they are genuine but for the fact they're missing some visa stamps... i.e, they're blank but for the essential information (yes, she stole my college photo i used for my student I.D for passport).

Before they expired, I tried to get them renewed... obviously, I was laughed straight out the front door of the chinese embassy.

Yes, both me, my partner and my sister have considered returning back to china... she has a long term partner too... the only issue would be the refusal of spousal visa... which would be really bad for my daughter... I do not wish her to grow u with the stigma of being a bastard.

So... back to waiting and waiting... reading through jobs pages I could easily qualify for... so frustrating.

Thanks for your advice.

Kind regards
Karl

[thirdwave]

Hi thirdwave, I've thought about this. The thing is... both me and my sister have had chinese passports (we found these in our great-aunt's safe-deposit box after some hard searching for her possessions... no, i didn't get a penny...my uncle grabbed the lot)!

They had expired some two years ago... nobody knows how she acquired these, but they are genuine but for the fact they're missing some visa stamps... i.e, they're blank but for the essential information (yes, she stole my college photo i used for my student I.D for passport).

Before they expired, I tried to get them renewed... obviously, I was laughed straight out the front door of the chinese embassy.
Yes, both me, my partner and my sister have considered returning back to china... she has a long term partner too... the only issue would be the refusal of spousal visa... which would be really bad for my daughter... I do not wish her to grow u with the stigma of being a bastard.

So... back to waiting and waiting... reading through jobs pages I could easily qualify for... so frustrating.

Thanks for your advice.

Kind regards
Karl

Why would they do that? I think you have a good chance of obtaining a spouse visa, provided you get your Chinese passport renewed.I suppose you could try and get a fresh passport while you application under the 14 year rule is still being considered

[mnf441]

what are my chances that i can actually get a chinese passport... I don;t think my parents will have their former passports... goodness knows whether they may have our birth certificates.

dang it... i should have just come here instead of asking my solicitor... he's useless!... thanks for the advice guys, esp thirdwave... i will enquire further to your recommendations.

kindest regards
karl

[thirdwave]

what are my chances that i can actually get a chinese passport... I don;t think my parents will have their former passports... goodness knows whether they may have our birth certificates.

dang it... i should have just come here instead of asking my solicitor... he's useless!... thanks for the advice guys, esp thirdwave... i will enquire further to your recommendations.

kindest regards
karl

You might also want to request your file from the Home Office to see what info they hold on you.I can`t remember how one goes about it but I`m sure other forum members would be able to help with further details..

Also, this judgement might be of some interest to you..

http://www.immigrationboards.com/viewto ... ion+office

[mnf441]

thank you very much, thirdwave. my partner was not born english; she was naturalised. i will try to find other case laws relating to this matter. your help is much appreciated. karl

[VictoriaS]

Just out of interest, Victoria, what do you do when it takes so long?

OK at some point you'd have advised her, like you've done here, to contact her MP ... but, let's face it, MPs don't really do anything. They write a letter requesting information and then write back with a copy of the reply. In the nine year case they would have just sent a copy of what the standard Home Office reply is about 14 year cases being complicated and a lower priority ...

So have you advised her to just wait it out?

In my experience, MP's can do an awful lot. It just depends what you ask them to do, and whether they actually feel their actions can do anything.

Victoria

[OL7MAX]

So what happens if the net outcome of their effort (or lack of effort) is nothing? Is it your advice that there is no option but for the client to sit and wait?

[VictoriaS]

I can't answer that...it depends on the situation.

Victoria