10 years waiting, and still waiting

[chenli306]

Hi everyone,

I've been resident in UK for 10 years, married my husband (UK citizen) for 4years, and I am still waiting for a decision to my settlement application.

I entered UK as a student on 1998, studied at college and university for 4 years. 2001 I met my husband, but at that time his divorce case was not completed. June 2001, the solicitor dealt with his case told us, that it will not take too long, and my visa was expiring on the 31st of Oct 2001, he said in this case even my visa expired for a few weeks or a few month I should still able to get settlement in UK. But his divorce did not complete till January 2004. So we got married on April 2004, but my visa was long expired. We made an application to home office, and started waiting. 2005 December we had our daughter, her name is Lucy. Keep waiting. Until August 2007 I decided to withdrawn the application, because many people told me that if I go back to China apply from the British Embassy could be easier and quicker. So I arrange to fly back to China on the 13th of March 2008 with my daughter, and my husband will join with us if necessary. A good friend also lawyer came to me said, that the immigration has changed the rules again, if I have been overstayed, I will need to wait for at least 1 year before I can apply for entry of clearance. I couldn't believe it, why this is happen to me. I cancelled my ticket, which I can only have less than half of the money back. And I made another application to the home office, on the 17th of March, I have had one reply asking to prove the Ground for this application, and we reply on the 18th of April. While, today is 28th of May.

Can anyone tell me, should I make enquiry to the home office to check the progress of my application. After 10 years, I really lost patient on this, and heard too many sad stories.

Or what else should I do, can anyone give me some advice. I think I have depression after all these waiting, I really can not wait anymore, I heard people says that the Home office are speed up than before, like my previous application, I got first reply after two years, and 5month. this time only one month I got a letter from the case worker. But I still want to know, how long will take the case worker to working on to these cases, and because I am a over-stayer, will my case be treated different with other settlement application?

thanks

[chenli306]

I hope that some one can give me advice to my problem, if not any support or suggestion all will be helpful.

[chibage]

Hi, i far as i know home office do take years to respond to applications for overstayers. Sometimes no news is good news. I understand your frustration and especially with there new rules things are so unclear. As a spouse you may not get a ban - i dont know. IF the eco thinks you significantly contrived to frustrate the rules then you may get a ban,. At the moment noone really knows whats going on, some lawyers say its better to wait and assess the situation before going back and some say go back. Its hard to decide. Anyway good luck.

[Frontier Mole]

Under no circumstances take your daughter back to China. She has a right to a British passport, ensure you apply and get her a UK passport. Your daughter remaining in the UK strengthens your Human Rights claim if your spouse application was to fail.

As an overstayer the current concession allows you to return to China and apply for the visa without any possibility of a ban. You must return before 1st October 2008 to qualify for the concession.

IF the eco thinks you significantly contrived to frustrate the rules then you may get a ban

This only applies to applicants who left before 17th March 2008.

[papa21]

Mr Mole please tell us where you got this info from. Quote:
IF the eco thinks you significantly contrived to frustrate the rules then you may get a ban


This only applies to applicants who left before 17th March 2008 If this is the case why is everyone on this board and many more boards in a panic?????? its the first time i heard this one. I thought the rules say from 1st of april. ALso if you check all the concessions that liam byrne made including the very current concession its states that and ECO can use 320 7b if one has significantly contrived to frustrate the rules. Please share the link with us?

[Frontier Mole]

Sorry I am confused by your question?

The concession to overstayers is if you leave after 17/3/08 and before 1/10/08 you will not receive a mandatory ban on reapplying to the UK for entry. There are conditions of course as set out in the link below.

http://www.ukvisas.gov.uk/en/ecg/chapte ... 0seventeen

Please remember I am replying to the circumstances laid out by the original post, it is not a general point that applies in all circumstances.

This individual will have to heavily rely on Human Rights based on her UK citizen child and her four year marriage. This will be set against her immigration history including her period of overstay. One unknown is the period that will be considered as an overstay. That could be from the point her original visa expired or as early as when she withdrew her FLR.
Another unkown is what will be considered under the heading "significantly contrived to frustrate the immigration rules". This is the reason so many on the forum are panicking. There is no set definition given to this phrase. The question will be at what point is the line drawn. Simple overstayers are somewhat different to failed asylum seekers who were absconders.

Until some negative ECO decisions get made for the individuals within the concession period it will be hard to gauge where this is going. Given failed asylum seekers who have spent many years in the UK after their decisions are being granted entry under the concession it is difficult to say where this line will be drawn.

[chibage]

Use of deception in previous leave to enter or remain application
You were refused [leave to enter/leave to remain] for using deception by [explain] on [insert date] (refusal notice attached).[I am therefore refusing you entry clearance under paragraph 320(7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration rules until [depends on how applicant was removed] after the previous refusal- i.e. the application in which deception was used]
Frontier Mole why does the above refusal statement seem to mean that if deception was done in the uk and you voluntary left its a 1year ban?

[Frontier Mole]

You are looking at a template letter and trying to second guess the contents of the spaces.

If someone receives a refusal after the use of deception it will be for the remaining period of the 10 year ban. The 10 year ban will start once you leave the country. So perhaps it is being read as you only get a 10 year ban from outside of the UK. That is not correct.

It is entirely possible if you do not leave the UK for five years after deception is noted and for example your ILR or naturalisation was cancelled that the ban will be in effect for 15 years. The five years when you should have left plus the 10 years once you did leave.

The whole idea of the new rules is to force / encourage overstayers to leave and try their lucky outside of the country. If you do not leave the ban clock does not tick therefore the longer you hang around the longer it will take to regularise your position.

[chenli306]

Hi, i far as i know home office do take years to respond to applications for overstayers. Sometimes no news is good news. I understand your frustration and especially with there new rules things are so unclear. As a spouse you may not get a ban - i dont know. IF the eco thinks you significantly contrived to frustrate the rules then you may get a ban,. At the moment noone really knows whats going on, some lawyers say its better to wait and assess the situation before going back and some say go back. Its hard to decide. Anyway good luck.

Thank you for all above. I totally believe that some times no news is good news. I also read someone were in the same situation got refused with in 3weeks, so I am still have hope onto my application. My daughter got her british passport since she was 2month old. I don't really understand law and immigration; but for sure I understand that I still have chance. even they refuse my application, I can appeal to it don't I?