Any help or advice

[mikekumar]

hi all

i had my ILR on 10 yrs long ressidency Refused. reason 123 days gap. and no right to appeal as student visa valid till 30 oct 08.

Question

1) Can i ask them to reconsider if yes how?
2) meeting my local PM can she help if yes till what extend and how?
3) Do my right of appeal come to me automatically after visa expired if no how can i get it?

As i have suffered a refusal of no fault of mine. this was due to the college not acting on my extention, i handed my passport them to extend. College head spoke to HO and fax letters got copys till date in 2000.

some or any help welcome

thanks

[Wanderer]

123 days is a long gap no matter whose fault it was.

[mikekumar]

thanks for your reply.

Well let me explain more as my visa ranout on the 30 june 2000 i had given my passport to my college head for visa extention as my course never finished until 20th july 2000. i have letters from him which he faxed HO. i left uk on the 26th reached india 27th and went for a visa extention on the 28th where after a long wait and checks they understood what had happened and gave me visa same day.

After 10 days in india me and my brother had a very bad accident where both of us where hospitalised. so i came back 7th oct 2000

the person who calculated the days surely doesnt know how to count

as letter states 123 days gap i cant come to that figure as even if u add

31 days of july
31 days of Aug
30 days of Sept
6 days oct
98 total

but i had valid visa to come back as soon i reached india.
and HO was informed in the uk of my situation so the gap is there but with a reason

[paulp]

It should be criminal for colleges to play with students' visas like that. Because the college is acting as a representative of the student, the fault for late application falls on the student themselves, not on the college.

Did you provide any documents from a doctor or the hospital to explain that part of your absences when you were hospitalised?

I think you should seriously consider getting professional help as the overstay from 30 june 2000 to what I understand is 26th July won't be so easy to get around. The head may have sent a letter and try to say it was his fault but you were actually an illegal overstayer in the country.

Are there any other period that could account for the 125 day discrepancy?

[mikekumar]

hi paulp

thanks my friend

but i am stuck with this with no fault of my own. i was the only international student at the college very young. i got my offer letter for my teacher training before i finish my course. so applied for the visa ie gave passport to head before i finish course (got letters)

i didnt provide any doc for my hospital as i got the visa on the 28th the next day i reached india. i was under this impression as i have got the visa my gap and my problem is the overstay but the HO has combined them togeather

the head isnt there at the college anymore, so i got a letter from college stating i was in the college course did finish in july. "mayank states he handed his passport in and we have no reason to disbelieve this as i have been a responsible and organized student"

i have had 4 visa ext after that all well 22 on average in advance before my visa ranout

i know i really need a professional help but dont know where to go.

[paulp]

Look at the OISC website to see a list of registered advisers http://www.oisc.gov.uk/.

You could also ask for a free 30 minute frank appraisal of your chances to get ILR, particularly to get around those gaps/overstays. There is no point in throwing money at advisers if they do not think they have a reasonable chance of success.

[mikekumar]

thanks paul

i am trying this. so appreciate this.

once again many thanks