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Advice needed, 4 years and still waiting...

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WCC
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Advice needed, 4 years and still waiting...

Post by WCC » Mon Aug 17, 2009 3:40 am

* This process has been going on since 2005, my family (consisting of 4) all applied for ILR, myself, my brother and mother applying as my father's dependants. My parents had been overstayers for a period of over 20 years.

* Over 2 years later ('07) our application had been rejected. My brother re-applied as he was 18 by that time and within a year received his ILR.

*The three of us went for an appeal mid 2008 and in November my dad was granted his ILR. Myself and my mother however had been rejected again as we could no longer apply as his dependants (despite our original application being sent at a time where this was allowed, and even after wrongly rejecting our application originally).

* Through our MP, we alerted Mr. Phil Woolas to our situation (providing him with all the necessary info) and he responded saying that our (me and my mum's) cases would be treated as a "legacy" case and should therefore apply separately using "set O" forms, that would be addressed to a person (a name was provided) working for "Team 9" of "Managed Migration" in Liverpool. The message portrayed by him was that this would resolve our case(s) in a much quicker time than through the usual "channels".

* We sent our applications on the 1st April (time had been wasted in saving up to pay for the fees as well as taking the Life in UK test) and in my case it took almost 2 months before payment had been taken and a letter of confirmation has been sent (coming from Croydon and not Liverpool - is this usual?).

* It has now been over 4 months since sending off the application, 14 months since I've left college and been forced to abandon hopes of going to university for that year and 4 years since my parents had started this whole process.

* I have less than a month to respond to my university, not doing so will mean me being forced to take a 2nd unwanted "gap year". I was born and raised in this country, have never left this country and never committed any crimes, so why do I feel like I'm being treated as scum?

I've sent a begging letter through our solicitor (to the Croydon address) last week asking for them to consider my application in time for university. Is there anything else that you think I could do in the meantime (e.g. are there any numbers I could call?/ would contacting my MP again help?) in case no response is given within the next couple or so weeks (literally as that is all that I'd have left).

ouflak1
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Re: Advice needed, 4 years and still waiting...

Post by ouflak1 » Mon Aug 17, 2009 1:40 pm

WCC wrote:. I was born and raised in this country, have never left this country and never committed any crimes, so why do I feel like I'm being treated as scum?
You were born and raised in the United Kingdom? If that's true, and you stayed continuously in the UK until the age of ten, then you qualify for citizenship I believe, although such an application may have to have been made in a certain time period. I would really look into this. You might already be a citizen (unless you specifically don't want citizenship for some reason?).

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

f2k
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Re: Advice needed, 4 years and still waiting...

Post by f2k » Mon Aug 17, 2009 4:55 pm

ouflak1 wrote:
WCC wrote:. I was born and raised in this country, have never left this country and never committed any crimes, so why do I feel like I'm being treated as scum?
You were born and raised in the United Kingdom? If that's true, and you stayed continuously in the UK until the age of ten, then you qualify for citizenship I believe, although such an application may have to have been made in a certain time period. I would really look into this. You might already be a citizen (unless you specifically don't want citizenship for some reason?).

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/
I second ouflake1's post. You could/ should be applying to register as a British citizen not ILR. I think you are supposed to complete a 'Form T' or something.

With regards to the application timelines i think it is pretty consistent with what we have seen on this forum. it is normally a looooong wait before the long stay applications here from the HO. I would say your brothers timeline should be what you should be expecting, actually it was pretty quick as we have heard of pple here waiting more 2years or more as in your Dads case. it may be quicker or longer of course but thats anyones guess. Of course in your case you should be looking at citizenship instead. also not sure what your brothers circumstances are as he too could possibly be looking at citizenship.
i am not sure what it was like in 2005 but presently for long stay ILR applications it is 'each man for himself', dependents have to apply on their own once they have reached the 10/14years depending on the category they are applying for, so technically you havent been waiting 4years you have actually 'only' been waiting 4months. applications will be treated on their own merit as shown in your brothers application

WCC
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Post by WCC » Tue Aug 18, 2009 2:29 am

Firstly, thank you for the responses.

This news upsets me very much.

Why had I been advised to apply for ILR and not for British citizenship? Mr. Woolas had beed told EVERYTHING about our situation and never once mentioned that I was applicable for this, nor did our solicitors. My brother applied for ILR also after not being told anything about being able to apply under Citizenship.

Adding insult to injury, I'm now faced with having to pay another £700 for British Citizenship in the future.

I fear that it is too late for this to be changed as my ILR application has already been sent over 4 months ago and they've taken our money. They have all my documents, including my passport. I also fear reapplying could jeopardize both applications and also restart the waiting period that I've gone through now on 3 occasions.

Our financial situation is very poor, to the point where we've relied on my brother's student loans to help pay the fees, obtaining another £700+ is just not possible.

Is there really nothing that i can do, no one to contact at the HO? Whilst I do doubt that anything will come of this I cannot stand watching the days go down. :cry:

Obie
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Post by Obie » Tue Aug 18, 2009 3:18 am

You can apply for British Passport, and you will certainly qualify for it.

I am really sorry about your predicament. Look at this form start cracking on it right away.

Use This Form . Hopefully you registration process would be concluded in time for university.

Take care mate.
Smooth seas do not make skilful sailors

f2k
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Post by f2k » Tue Aug 18, 2009 9:53 pm

WCC wrote:Firstly, thank you for the responses.

This news upsets me very much.

Why had I been advised to apply for ILR and not for British citizenship? Mr. Woolas had beed told EVERYTHING about our situation and never once mentioned that I was applicable for this, nor did our solicitors. My brother applied for ILR also after not being told anything about being able to apply under Citizenship.

Adding insult to injury, I'm now faced with having to pay another £700 for British Citizenship in the future.

I fear that it is too late for this to be changed as my ILR application has already been sent over 4 months ago and they've taken our money. They have all my documents, including my passport. I also fear reapplying could jeopardize both applications and also restart the waiting period that I've gone through now on 3 occasions.

Our financial situation is very poor, to the point where we've relied on my brother's student loans to help pay the fees, obtaining another £700+ is just not possible.

Is there really nothing that i can do, no one to contact at the HO? Whilst I do doubt that anything will come of this I cannot stand watching the days go down. :cry:
Sorry about this, i can only imagine what you and your family have gone through. my only advice to you is to read up as much as possible from the links provided on this forum and any other information you can find before you make your next move. Hopefully it will work out for sooner rather than later. Good luck

WCC
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Post by WCC » Wed Aug 19, 2009 12:42 pm

Thanks again for the responses.

I spoke with my mum and it seems that our solicitor clearly doesn't know what he is doing. Mr Woolas had given us a direct address to send our application to and that we should contact our solicitor to sort out which form to send off (so for that I guess I did -understandably- jump the gun on that part). I am so angry (words alone cannot truly portray this). I feel like punching him in the face for this, the dumbass has practically ruined my family.

It appears that I won't be able to apply for british citizenship now as my birth cirtificate had been sent with my application for ILR... looks like I'm screwed.

My mum's in the progress of writing a letter to my MP explanining this to see if anything else can be done.

Anymore ideas guys? I'm still looking through the info for applying for British citenship but as I said, without all the info they're requesting I cannot apply. Even if I did have it they say it'd take up to 6 months, I'd rather just gain my ILR and go to uni now, and pay again in the future.

*edit* - don't get wrong, I know that not going to uni isn't the end of my life, but it was something that I'd been planning on doing my whole life and what makes things worse is that I cannot even work in the meantime.
Last edited by WCC on Wed Aug 19, 2009 12:46 pm, edited 1 time in total.

Obie
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Post by Obie » Wed Aug 19, 2009 12:46 pm

You can get a copy from the registry office.

How come your mum was refused. Is she still married to your dad?

Have you lived in the UK all these period, or the first 10 years of your life, and this can be proven.

I sent you a PM, check it up.
Smooth seas do not make skilful sailors

Rozen
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Post by Rozen » Wed Aug 19, 2009 12:47 pm

You can get a copy of your Birth Certificate (persumably it's British) from the General Registry Office for a small fee. Can't remember how much. I fink it's just over a tenner. I fink!

WCC
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Post by WCC » Wed Aug 19, 2009 1:41 pm

Just a few more questions guys,

My mum worries that I may not be able to make two appliations at the same time (i.e. a new application for British Citizenship along with the current ILR application which is already in the system). She fears this may complicate things. Can I still apply for British Citizenship whilst my ILR application is pending in the HO system? COULD there be any issues if both were sent to the same location?

As mentioned in applying for Citizenship, I would require my original birth certificate (already with my forms for ILR), and my mum believes that the copies obtained from the RO would be invalid (as it is a copy). Based on your replies it sounds as if this isn't the case - as if their copies are printed out as such that thre's nothing to indicate that they're not the original - but just to clarify, Would obtaining a COPY of my birth certificate from the General Registry Office be valid for use in my Citizenship application?

Some of your posts seem to suggest that it is possible for citizenship to be granted within a month (I need to reply to my university by the 21st September), but from what I've read so far it usually takes around 6 months to be processed. Even so whilst of course I do want this to be resolved ASAP either way, as mentioned in my earlier posts, £700 is alot to ask for (in our current financial situation) to wait for another 6 months. It's a catch-22 situation where we could spend now, or later on after recieving my ILR.

Thank you for that PM Obie, it means alot to me.

And sorry for the long messages, I'm just trying to obtain as much info as I can in this short period of time.

Thank you all.

f2k
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Post by f2k » Wed Aug 19, 2009 4:43 pm

with regards to your birth certificate maybe you should ring up your local registrar and find out about the validity of the 'copy' that they would give you. I actually think it also will be an 'original'. Infact when i got birthcertificate for my child born earlier this year i got 2 original copies (the long form) from them it was about £3 each or something like that.

With regards to timelines of course a lot depends on how quickly you can gather information required as well as the quality or completeness of the information you provide, I take it you are over 18 so they possibly may do more checks on your case than they would for a say a 10year old.

The thing though is that your BC might still happen quicker than ILR. Not sure though about the implications of applying for both at the same time. with your current financial situation i guess it is something to seriously consider.

Anyway its better to ask as many questions as possible so when you do make your application you are able to leave no stone unturned

WCC
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Post by WCC » Thu Nov 12, 2009 4:38 pm

Just posting an update, hopefully it'll help relieve me off some of my stress.

We decided to continue through the ILR route and contacted our MP to give the HO a kick up the backside. Before the end of August I received the usual "sorry" letter and that it'll be dealt with quickly. I was then contacted by another person working for the HO asking for me to send MORE pictures of myself. I only hope that they haven't once again restarted the process (time-line) again...

It's been nearly 7 weeks now since my last post here and there hasn't been any changes. Really it's been 73 weeks since I've been forced to stay at home (I've been counting). I read threads such as this one and see others recieving their ILR in under 2 months. (Don't get me wrong, I'm pleased for that member).

Truth be told I feel I'm starting to lose my mind being stuck at home. I haven't been outside more than twice in the past two months. I've dropped all contact with my friends since many months ago as I cannot pretend any longer that I'm doing well (they don't know about this). Those who do know say to pray to God but I now find this hard to do.

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