Should I stay or should I go

[William Blake]

Hi everyone,

I have been trying to get some advice on this urgent matter.

My ILR ten year rule application was refused. I am awaiting a reconsideration. Legal counsel's strategy is to submit the reconsideration with a request for appeal on article 8 failing a grant of leave. Failing a grant or appeal being given with the recon then re-apply. Failing a grant or being given an appeal go to JR. Meanwhile a company has prepared a work permit application on my behalf. I do not know whether to apply for discretionary leave from UK or to leave and seek re-entry. My student visa expired 31 January 2008. I was told in country discretionary application has a slim chance of success and if refused the company would have to re-apply for an out of country work permit thereby restarting the application process. But regarding getting entry clearance from abroad the compana's solicitor stated:

As you are aware, from 1 April 2008, anyone who submits an entry clearance application to come to the UK in any capacity, and who has previously breached immigration law, may be automatically barred from the UK for a fixed period depending on the infringement. However, an “amnestyâ€

[katrina]

Hi

How long you are waiting for your reconsideration .

[William Blake]

This is the tenth week.


Guys I don't need any detailed analysis of this situation as such just give me your opinion if you think there is anything I need to watch out for.

[Frontier Mole]

Go home - your recon could take months and leave you outside the 1st October deadline. You have a much better and safer option applying for your WP visa than waiting the months and years to progress through all the steps your sol's suggest. The cost of the route they propose is very expensive - do you have that level of funding?

One other question - have you been served with an IS151 - if so the ILR clock stopped ticking in any event.

[William Blake]

Thanks for your reply.

I wasn't served with anything. I was just sent the refusal notice.

Anyone have any ideas as to how long recons are taking?

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Well just to update that if its relevant to anyone I sent in recon on 15 April and got it back 7 July. They upheld the previous decision.

I honestly don't understand what they are trying to do. One refusal ground was out of time applications. I sent in the recorded delivery slips, home office letters etc. and pointed out that it is the date of posting that constitutes the date of an application so in fact the applications they claim to be late were not late. The guy just wrote back and said that as far as he is concerned the application was late and he doesn't accept "my excuses" for making late applications. As regards our request for appeal rights under article 8 he claims article 8 is not relevant as I must have known I would have to leave the UK at some point. Yet chapter 18 long residence says:

The Rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here...The main
purpose of the two Long Residence rules is to enable people who have been working here, or otherwise contributing to the economy, to regularise their position.

Its like they are just determined to back up the original decsion no matter what even when it is factually clear they are in the wrong. Refusing the recon is one thing but to just blindly stick to this claim of late applications in the face of the overwhelming hard facts is just beyond me.