JAJ wrote:elisabethnara wrote:There's no writing anywhere on my passport, unfortunately. Where would I find my father's number?
Who should I be writing to in regards to this? I'm puzzled as to the correct place to ask.
Unfortunately all the facts are pointing to that you lived in the U.K. a long time but never became a permanent resident. That does close down options for you, unfortunately.
I am not sure if your existing spouse visa status will help in any way.
I don't think there's any further step to take other than talk to an immigration solicitor but even then, I'm not clear if there is anything that can be done other than you looking for a way back in on your own merits.
Well, Elizabeth, I have been reading your post and this morning on my drive to work, just remembered there is a little provision in the rule that 'might' help your course for ILR so long as all your stay in the UK as a person exempt from Immigration Control where legal and there is no break in residency during that period.
There is consideration under the LRC for discretion to grant ILE whilst abroad. Here we go and this is under section 3.4:
3.4 Granting Indefinite leave to enter
It should be noted that there is no provision in these Rules to grant indefinite leave to enter on the basis of long residence.
This means that a person who has not technically entered the UK (e.g. because s/he has been on Temporary Admission) cannot qualify under the Rules.
However, where such a person meets all the other requirements of Rule 276B, discretion should normally be exercised to grant him or her Indefinite Leave to Enter outside the Immigration Rules. (emphasis mine)As such a grant will be made outside the Rules, it does not have to be made by an Immigration Officer, but can be made by someone acting on behalf of the Secretary of
State.
Paragraph 276B.
The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom; or
(b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
(a) age; and
(b)
strength of connections in the United Kingdom; and
(c)
personal history, including character, conduct, associations and employment record; and
(d)
domestic circumstances; and
(e) previous criminal record and the nature of any offence of which the person has been convicted; and
(f)
compassionate circumstances; and
(g) any representations received on the person's behalf; and
(iii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application
It seems to me that, you would be able to argue the bolded text to your advantage. The only sticky point is that, you might like to come to the UK on a tourist visa (visa free with your US passport) and arrange to take LITUK Test and go back and apply. There is nothing to loose in trying anyway.
All the best. This is just my two cents and others may contribute (Mr. Rusty, JAJ, Paul, Jeff etc)
http://bia.homeoffice.gov.uk/policyandl ... les/part7/
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary