I have been in the UK with my husband from our A-levels (full boarding school) period since 1997. It has been nearly 12 years now we are legal residents in the UK (taking into account being legal under appeal pending processes etc and switched visa etc) and we have been unfortunate in getting the ILR under 10 years, even had problem extending my husband's visa at one point that I had to switch place with him since I was studying my master's full time at the time as main/dominant visa holder (rather than dependant).
Here's the story;
We were both Malaysian government sponsored students which have been selected for scholarships to complete our A-levels and bachelor's degree. We have been both released from any bonds.
My husband's case;
1997-1999-Completed A-levels in the UK (Granted 2 years student visa)
1999-2000-Failed first year medicine at the university in the UK and returned to Malaysia (Granted 5 years student visa)
2001-2003-Married me in November 2002 in the UK and switched course to business studies (Continued on the granted 5 years student visa)
2003-2005-Followed me to Manchester so that I can do my master's and continued his studies but failed (Continued on the granted 5 years student visa and was refused for extension therefore went on under appeal process when I was still as a dependant-we switched places and were granted student and dependant visas)
2005 onwards-Have since been working full time (since December 2003 when there were no classes/vacation and then full time), paid taxes and NI, promoted to technician level in employment and until now on dependant visa
Eligibility for ILR-My husband has continuous visa (no gap except appeal legal process) but his absences exceeded the 6 months at a time therefore raises question whether he will get that ILR under 10 years long residence. The reason he was refused extension for student visa at one time was because he decided not to apply for visa since he already got that 5 years student visa clearance (Back at the time visas were given based on the length of the course).
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My case;
1997-1999-Completed A-Levels
1999-2003-Completed Bachelor degree with One year student workplacement
2003-2005-Working and doing my master's full time (legally)-Completed my Master's degree
2005-2008-Working as contractor accountant (on vacation periods) and completed my ACCA examinations (Association of Chartered Certified Accountants) full time, became an affiliate in February 2008
2008-2009-Continued working full time for a bank and accountancy practice under IGS (International Graduate Scheme) Visa until recently refused for extension until 2010 (Post-Study Work Visa). Became a full ACCA member in May 2008. Gave birth to a wonderful daughter in October 2008 in the UK.
Eligibility ILR: After refused ILR and revoked from right to appeal because applied for it too early - before the student visa expires, I managed to get the IGS Visa. The reason for refusal was because I had 16 days gap in 2001-2002 and simply because I was in Malaysia when my visa expires and I had been turned away from renewing my visa because the British embassy in Kuala Lumpur was closed for applications due to September 11 attack.
I was deemed to not have intention to continue when this is absurd because I have not finished my 4 year course at the time - since included the student workplacement. I had to come back to Malaysia to extend my scholarship which I did and was on my way to renew my visa for another year (I was given a 3 year visa because the scholarship was for 3 years at first) but was advised to renew visa at the airport when I get back to UK 16 days after expiry date. This I followed but was told because it was 16 days late, I was not eligible for ILR anymore-how unfair! Lost GBP750 for it!
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Now we are on appeal because of the new rule on bank statements that we were unfortunate enough to stumble upon that we have not been informed about to be able to switch to post study work visa for another year.
What are my chances if I apply for ILR? Should my husband apply instead because his visa is continuous although absences are longer? I never left the country more than 2 months at a time! Only for school/university holidays but the 16 days gap was because of the stamp was late because I had to get it at the London airport otherwise my circumstances were immaculate to meet the ILR long resident rule.
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In my appeal for PSW visa, I have included following additional grounds;
• That my removal from the United Kingdom as a result of the decision would:
Be incompatible with my rights under the European Convention on Human Rights;
Under Article 8
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
1. Having originally entered the UK in 1997, and stayed legally as a student, spouse and recently on IGS Visa for nearly 12 years, achieving qualifications up to master’s degree, gained Association of Chartered Certified Accountants (ACCA) membership, married and delivered a child in the UK, I have established more than a third of my life in the UK, therefore truly believe I have the right to private and family life. I am accustomed to the ways of life in Britain and have strong family relations in London (blood relatives who are permanent residents in the UK for a few decades). Had I not been refused of the application of a permanent residence status due to mere 16 days visa gap due to unforeseen circumstances, under the long residence category 2 years ago, I would have stayed permanently and contributed to the economy as a highly skilled migrant.
2. I have been diagnosed to have Systemic Lupus Erythematosus (SLE) in September 2008 whilst under the leave to remain as an IGS participant, and currently undergoing treatments to recover from this illness. (Please find attached copies of hospital letters). I have had a kidney biopsy and currently undergoing treatments to recover from Lupus Nephritis (part of SLE). After seeing the kidney specialist on 28th April 2009, Dr Klara, I have been strongly advised to stay on course for further treatments in the UK and due for next check up in August due to the complicated nature of the illness. I am currently waiting for a letter from Dr Klara to confirm that it is more appropriate to have the treatment in the UK than Malaysia. I have just had a colonoscopy on the 29th April 2009 and will be expecting to find the results of this by the end of May 2009. I will be expected to attend hospital appointment with Dr Harrison (For Joints and Lupus) on 13th May 2009. I hope to recover fully before going back to Malaysia for good next March 2010.
On more of compassionate ground, I am appealing that my family (current dependants) will stay with me during this difficult period of time. However, I believe I am capable to work full time now and currently registered with Hays Recruitment Specialist (Accountancy) to find employment subject to permission to work from Secretary of State.
I hope that Secretary of State would consider my case on compassionate grounds as I have a family and health rights to protect. Hence, I am hoping to be permitted to stay until 20th March 2010 which I am truly entitled for with my dependants until everything can be sorted out and I can leave peacefully if be it. Your kind help is very much appreciated.
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Should I include this in my application for ILR again-or forget ILR, pack up and leave all of my commitments to UK which I have over those long years!
That is why it infuriates me when someone comes around and say, long residents grants should be abolished especially when one, even as a student has worked hard, paid NIC and taxes in those long years and contributed to the economy, have strong stable ties with locals and community etc.
HELP! What should we do?
Appreciate any help/ideas asap.