Hi
I am confused on if I can apply for the 10year long residency route because my immigration history is not very straight forward. Here is my time line
September 2008 - January 2009 (student visa)
January 2009 - January 2011 (PSW)
January 2011- December 2012 - this is were it gets real messy ( I applied for an extension under my husband using the then flr(o) form because he still had a valid PSW visa till November 2012 but heard nothing back from the Home Office. So when November came, we wrote to the home office to withdraw the application and asked that they returned our documents including passport and marriage certificate.
November 2012 - January 2013, we heard nothing back from the home office. By this time we had bought return flight tickets for myself, husband and 6month old baby. All the while both ourselves and lawyers had made numerous attempts to contact the home without success. Our flight was scheduled for the the last week in January and when we still had no correspondence from the HO I came on this forum to see if I could find help and I found the number for the local HO centre which I rang. I explained everything to them and told them that our flight was due in 2days. They said that they would return the passports but didn't, instead they sent us removal notices stating that we were over stayers and that we should start reporting at the local reporting station. We missed our flight (tickets were non-refundable) and started reporting. On the first day of reporting I was hand my passport to allow me process a passport for my baby.
We decided to fight the "overstayer" status and in march or April 2013, they withdrew the removal notice against me and my son but refused to withdraw my husbands after we lodged a Judicial review in feb 2013. I stopped reporting after they withdrew my removal notice while my husband carried on reporting.
They then issued me with a back dated visa which had expired on arrival. I think the visa was issued in July with a start date in April and end date in the same July. All the while we had lost all our savings because neither of us were working and had fallen in serious debt. On advise from our lawyers we lodged a litigation claim against the home office as the whole palava was as a result of mistakes on their path. Once this happened, HO asked us to withdraw the JR and issued all of us with a 3 month visa stating thathat this will allow us settle our litight ion out of cour and for us to prepare and leave the country. The visa was issued in Oct 2013 and expired in December 2013. I managed to find a job during this time which is how we survived.
In December 2013, we applied for further leave to remain to allow us be present for the litigation hearing process because the HO wanted to cheat us even though home office admitted wrong against us they wanted to go to court over the litigation amount which was about £25000.
In January 2014 our visa application was refused and then we lodged an appeal. We finally had a successfull appeal in 2014 based on long residency, human rights and the fact that the judge thought it was fair for us to remain I the UK until the process was complete. We were issued BRP in January 2015 for 30month's which expired in July 2017. We also had an out of court litigation settlement with the HO.
We have now submitted another flr (fp ) application based on the fact that our circumstance has not changed, long residence and my son who is now 5years old and has autism and would not be able to get the help he us getting here back homes which is still pending.
If we are successful with this application, I will complete my 10year long residency next September will I be abe to apply for indefinite leave to remain?
Sorry for the long write up. I summarised as best as I could.
Any response will be appreciated.
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