long residence "unlawful" continuous residence

nena77 · Post by **nena77** » Wed Apr 16, 2008 7:55 pm

I've been studying in London for over 10 years which this give me the right for the ILR/ long residence and I just applied for ILR but they send me back my application with a notice of decision, VARIATION OF LEAVE or REFUSAL TO VARY LEAVE (PARAGRAPH 276D WITH REFERENCE TO PARAGRAPH 276B(i)(a) and 276A of HC 395) for them I broke the lawful rules in April 2003 when they got my application after 3 months, and its absolutely incompressible as I believe the caseworker at that time shouldn't even give the extension visa, and also I always send my applications on time but I kept a lot papers and letters but never I kept the receipts/records of the post office for the services when I sent my application of that time. so what can I do? I found it very unfair as I did everything like sending the application before my visa expired. Please help! any ideas!!

iceman010899 · Post by **iceman010899** » Thu Apr 17, 2008 9:14 am

hi

Are they saying you have gaps of 3 months ? or have you broken the rules, Ie. working more than 20 hours ?

Get your file from BIA, which will show the date the application was received and given by caseworker. You also get the caseworker notes.
Then you have some proof. Maybe you should re-apply in person, take your file with you and then you can explain to the caseworker, based on information in your file.

Siggi · Post by **Siggi** » Thu Apr 17, 2008 10:17 am

Nena,
With respect, I'm becoming tired of eternal students, who study in the UK for 10 years and more, contribute nothing in terms of taxes or society in general.
Then they insist that they have the right to continue to live in the UK.
I would at least expect's you to be able to converse with better English and grammar then that, that you have shown in your posting.
Saying all that, good luck with your application and maybe it would be a good idea to go in person and present all your documentation.

iceman010899 · Post by **iceman010899** » Thu Apr 17, 2008 11:51 am

siggi,

Students contribute in terms of fees and subsidise for the education of UK/EU students. Some work part-time and pay taxes. Some study then go into HSMP, etc.

A student whose been here for 10 years could be highly skilled in a subject in demand, etc.

Post by **Administrator** » Thu Apr 17, 2008 4:30 pm

.

What iceman said.

We hardly have enough information in this post to make such sweeping generalizations.

However, Siggi, I do concur in that I wish the original post was more lucid. I really don't quite understand what the exact problem is here.

nena ...

Please try to re-phrase your question so that it is more structured and informational. You've left out quite a bit of information.

Also:

this give me the right for the ILR/ long residence

Um. No. You have no such "right." You have met the requirements to be eligible to apply. There is no "right" to that application being approved. There also seems to be a question as to whether or not you did, in fact, meet the requirements.

We can try to help once we understand why the application was denied. You are the only person who can get that information from your file.

the Admin

Siggi · Post by **Siggi** » Fri Apr 18, 2008 7:18 am

Iceman wrote:

Students contribute in terms of fees and subsidise for the education of UK/EU students. Some work part-time and pay taxes. Some study then go into HSMP, etc.

A student whose been here for 10 years could be highly skilled in a subject in demand, etc.

Hi Iceman,
You may well be right in terms of fee& subsides as form of cotribution, you may even be right that some student may be highly skilled, which might be of interest to the greater society in general.
But in this case, I some how doubt it!

Too many people come to the UK claiming to be student, when if fact the real reason they are here is for illegal work and the hope that after 10 years or what ever the case is that they can just stay on.*There right*
This makes it very differcult for those of us who are genuine case's with legit reasons to be in the UK ie higher skilled works and asylum seekers.

breeze123 · Post by **breeze123** » Fri Apr 18, 2008 12:21 pm

Siggi, you are being harsh on Nena77. you would do the same if you are in her/his position. She/he is trying to get some help and advice here. As human beings, we should have some sympathy for others.
As I understand, Nina has been refused for ILR on long residence ground.
Nina,
If the UK Border Agency decide to refuse your application FLRO, they will send you an appeal form (AIT1) and guidance notes to you with their decision. A copy of an appeal form and guidance notes can be found
http://www.ait.gov.uk/FormsGuidance/sta ... lForms.htm
To lodge an appeal you must return your appeal form together with any additional supporting documentation to
Asylum and Immigration Tribunal within 10 working days.
If your appeal will not be received by the required date, you must explain why you were not able to send it to them in time. You can do this in section 2 of the AIT1 application form. An Immigration Judge will then consider the documents and decide whether there are special circumstances that will allow your appeal to proceed.
I wish you really good luck.

RAJ2007 · Post by **RAJ2007** » Fri Apr 18, 2008 1:14 pm

Siggi wrote:Iceman wrote:

Students contribute in terms of fees and subsidise for the education of UK/EU students. Some work part-time and pay taxes. Some study then go into HSMP, etc.

A student whose been here for 10 years could be highly skilled in a subject in demand, etc.

Hi Iceman,
You may well be right in terms of fee& subsides as form of cotribution, you may even be right that some student may be highly skilled, which might be of interest to the greater society in general.
But in this case, I some how doubt it!

Too many people come to the UK claiming to be student, when if fact the real reason they are here is for illegal work and the hope that after 10 years or what ever the case is that they can just stay on.*There right*
This makes it very differcult for those of us who are genuine case's with legit reasons to be in the UK ie higher skilled works and asylum seekers.

I would say Siggi is very mean to comment like that. Also, I would mention that if he thinks some students staying here for 10 yrs are abusing the law then what asylum seekers (as he mentions that asylum seekers has legal reason). I would ask what does asylum seekers contribute to the society? I would say atleast students study and at the same time work hard to pay the bills.

I would ask Siggi to think before making any such comments.

Siggi · Post by **Siggi** » Fri Apr 18, 2008 2:25 pm

Raj,

You are right, I'm mean, but I'm sick to death with people abusing the system.ie bogus language schools and the like.
This abuse effects every foreinger including you.
We foreinger are all painted with the same brush in the eyes or the British public and the HO and system abuse does not help.

I have absolutely no problems with genuine student's who study and pay fee's a University.

You inplying a asylums has a less value to society than a student.

I don't think you should be preaching to me in this tone!

sashank · Post by **sashank** » Fri Apr 18, 2008 4:18 pm

Siggi wrote:Raj,

You are right, I'm mean, but I'm sick to death with people abusing the system.ie bogus language schools and the like.
This abuse effects every foreinger including you.
We foreinger are all painted with the same brush in the eyes or the British public and the HO and system abuse does not help.

I have absolutely no problems with genuine student's who study and pay fee's a University.

You inplying a asylums has a less value to society than a student.

I don't think you should be preaching to me in this tone!

I did not either liked the way you commented. By the way did you get your settlement via claiming false asylum (No offence to genuine asylum seeker and refuges)

SAS

Siggi · Post by **Siggi** » Fri Apr 18, 2008 9:01 pm

Through all the debate from all the member voicing, which is of healthy, the one who started all has not commented.
Maybe the truth is Nena has some thing to hide???

nena77 · Post by **nena77** » Sat Apr 19, 2008 11:31 am

Hi Siggy, u r terrible! anyway to filled you curiosity, I have a Degree and 2 Masters and my English is not good enough for u, well what can I say, Artist and Designers do not have the best english also I remember that sometimes I had to correct the spelling of my English teachers, so I am a over qualified student and the fees I paid were quite high, and yes I just work less than part-time (I pay taxes) because I don't have much time just doing assessment all the time. And is extremely hard to be a successful student and work at the same time as I have to eat and pay bills anyway this is not the point.

I did explain my case generally because was my first time using this forum and in a way I was trying to figure out how to use it.

So I will explain again:

I applied for my Long residence as I been living here as student for 10 years, but they refuse my application because of the paragraph 276B which means in some stage I had been unlawful for them for over 3 months. but I always sent my applications by mail in-time with at least 2 weeks my visa expired, I mean before my student visa expired which is legal according to Home Office Policy is still lawful if the visa expire the same day u send the application. Now I can not appeal cos my current visa expires in Nov so I don't have the right to appeal, but I strongly believe this is a mistake, as the dates they stipulate as unlawful are when I renewed the visa in 2003, and they got my passport after 3 moths even-though I sent it in-time as always so it is up to them how long takes to do the process.

Iceman you said I can get my file from BIA, could u please explain me more. Do I have to fill a form or I have go there? to get my file cos I think will be very handy.

Thank you to everybody for your ideas. I hope is more clear now

iceman010899 · Post by **iceman010899** » Sat Apr 19, 2008 3:18 pm

Nena,

To get your file from BIA write a letter stating you want your data held under the data protection act 1998. You have to pay Â£10, so write a cheque payable to "Accounting Officer â€“ Home Office". Mention in the letter you have included the cheque. And also your full name, nationality, DOB and passport No. It will take about 40 days to get the information.

Send the letter and the cheque to the address below:

Data Protection Unit
Border and Immigration Agency (BIA)
Information Management Directorate
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

iceman010899 · Post by **iceman010899** » Sat Apr 19, 2008 3:22 pm

Nena,

Also see link below for details of subject access request.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

ci07jjs · Post by **ci07jjs** » Sat Apr 19, 2008 8:06 pm

nena77 wrote:Hi Siggy, u r terrible! anyway to filled you curiosity, I have a Degree and 2 Masters and my English is not good enough for u, well what can I say, Artist and Designers do not have the best english also I remember that sometimes I had to correct the spelling of my English teachers, so I am a over qualified student and the fees I paid were quite high, and yes I just work less than part-time (I pay taxes) because I don't have much time just doing assessment all the time. And is extremely hard to be a successful student and work at the same time as I have to eat and pay bills anyway this is not the point.

I did explain my case generally because was my first time using this forum and in a way I was trying to figure out how to use it.

So I will explain again:

I applied for my Long residence as I been living here as student for 10 years, but they refuse my application because of the paragraph 276B which means in some stage I had been unlawful for them for over 3 months. but I always sent my applications by mail in-time with at least 2 weeks my visa expired, I mean before my student visa expired which is legal according to Home Office Policy is still lawful if the visa expire the same day u send the application. Now I can not appeal cos my current visa expires in Nov so I don't have the right to appeal, but I strongly believe this is a mistake, as the dates they stipulate as unlawful are when I renewed the visa in 2003, and they got my passport after 3 moths even-though I sent it in-time as always so it is up to them how long takes to do the process.

Iceman you said I can get my file from BIA, could u please explain me more. Do I have to fill a form or I have go there? to get my file cos I think will be very handy.

Thank you to everybody for your ideas. I hope is more clear now

did you extend your visa by yourself or did you get it done through university batch scheme? If you have done it through university they usually keep the postal receipts.

nena77 · Post by **nena77** » Sat Apr 19, 2008 8:18 pm

I always extend the visa by myself at that time (2003) because this American college didn't have the batch scheme. It's a shame.

Thank u good tip

ci07jjs · Post by **ci07jjs** » Sat Apr 19, 2008 8:32 pm

I understand you don't have the right to appeal. However, if you strongly believe that this is not your mistake get the SAR file from the homeoffice as other people have adviced you here. In addition you might want to consider a judicial review, to take legal action against the home office.

RAJ2007 · Post by **RAJ2007** » Mon Apr 21, 2008 10:04 am

Nena,

Though your visa is valid till Nov. Why can't you appeal against the decision? Does that mean if anyone wants to switch before current visa expires and the switch is declined by HO, does that mean that person would not be allowed to appeal against the decision?

Post by **vinny** » Mon Apr 21, 2008 10:32 am

Strangely enough, since leave to enter or remain continues after the refusal decision, there is no right of appeal (3.4).

It's a good idea to request your SAR records to see if they support your the Long Residence requirements.

global gypsy · Post by **global gypsy** » Mon Apr 21, 2008 2:28 pm

Siggi wrote:I would at least expect's you to be able to converse with better English and grammar then that, that you have shown in your posting.

In a subsequent post Siggi wrote:This abuse effects every foreinger including you.
...
I have absolutely no problems with genuine student's who study and pay fee's a University.

Case of Pot calling the kettle black, perhaps?

TORRES · Post by **TORRES** » Tue Apr 22, 2008 4:55 am

Siggi wrote:Raj,

You are right, I'm mean, but I'm sick to death with people abusing the system.ie bogus language schools and the like.
This abuse effects every foreinger including you.
We foreinger are all painted with the same brush in the eyes or the British public and the HO and system abuse does not help.

I have absolutely no problems with genuine student's who study and pay fee's a University.

You inplying a asylums has a less value to society than a student.

I don't think you should be preaching to me in this tone![/quote]

Based on this crap you wrote here I dont think you have good enough English to judge others. Just be careful : those who live in glass houses shouldnt throw stones.

Siggi · Post by **Siggi** » Tue Apr 22, 2008 9:19 am

Torres,
I hope you like flying kites!

sashank · Post by **sashank** » Tue Apr 22, 2008 9:19 am

TORRES wrote: Based on this crap you wrote here I dont think you have good enough English to judge others. Just be careful : those who live in glass houses shouldnt throw stones

This one is excellent, you have taken word from my mouth any comment siggi?

egghead · Post by **egghead** » Tue Apr 22, 2008 5:09 pm

i have a friend in similar situation as you nena,

she's been here 11 yrs, came to study medicine for 5 yrs and then continued working as a doc in NHS (AND as a full tax payer in case someone trying to slag her off).

her application for ILR got rejected on the basis that she had an 'interruption' as an 'overstayer' for 3 days at some point. apparently some delay occured when she was switching from work permit to permit free training or vice versa (not entirely her fault as this was handled by the human resources staff at her workplace).

she was advised to have her application 'withdrawn' rather than 'rejected' (she went in person to HO), if she wants to keep her record untarnished. i suspect, this way you can't appeal. she even asked the desk staff if she would be eligible to apply under the 14 years rule, and was shocked when the staff told her she will not be eligible because she came into the country 'legally', and that the 14 year rule only applied for immigrants who came illegally to begin with!

HO's very strict about this 10 yrs ILRbusiness. Her advice is not to even bother trying if you have at ANY point any interruption of your lawful stay.

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long residence "unlawful" continuous residence

long residence "unlawful" continuous residence