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HELP!!! would i qualify for ILR now or should i wait?

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klimov
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Posts: 23
Joined: Sun Oct 16, 2005 12:32 pm

HELP!!! would i qualify for ILR now or should i wait?

Post by klimov » Sun Oct 16, 2005 1:22 pm

i have come to the UK in dec 1995, aged 17 on tourist visa, 2 wks after my arrival i have claimed asylum in the UK on grounds that i refuse to go to the russian army because of my religios and political beliefs. decidion to claim asylum i made here( my folks recieved call up paper for me from russian MOD whilst i was here)im 27 now- past the conscription age, but things in russia are still the same .upon arrival to lunar house i wrote them a peper explaining who i was and what i was claiming asylum and i took that decidion here. my lawers and i filled questionaire and posted it shortly afterwards. 6 months down the line i recieved a letter from HO that my claim is rejected. i barely managed to get permission to work! there was no interwiew or anything, so we appealed againt this. went to court which upheld decidion of HO, and it carried on all the way to Immigration appelate authority on rosebery ave.it took about 6 yrs. in the meantime my new lawers managed to loose my passport and blaimed it on may old representatives. i am a hard working person, and i have never claimed dss or any other benefits excluding first 6 months here and have never been in any trouble with the police, so i asked my boss if he can try to get me a work permit here, and he did, but because i had no passport i had to send my IND paper as a proof of my ID.i asked some lawers about it, and they said althou it was approved , but my status hasnt changed.
with all this happening and waiting i couldnt go sudy, or buy a house, it was a feeling like you stuck between heaven and earth, it got to the point where i tried to top myself. was recieving help from phsicologist for 6 months afterwards,got scars for life, but feeling of desperation has not gone i ts pushed deep inside now.work permit has run out now, i been here for 10 years , lost all contact with russia, has not seen my parents since i was here. i got my new representatives now, and they think that i might have a case to get my status legalised on the grounds that i have enered UK as a minor and claimed asylum when i was 17( dont HO have a guideline where all minors are granted leave to remain?) and that i have been here 10 years, also i am fully integrated into the society- my work , my friends are all here. i really dont know what should i do, because if i fail in my claim HO will be on my door step and i will get a ride to russia at her magesties expense- which is not an option for me! please any advice would be very much appreciated.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Oct 16, 2005 5:40 pm

My girlfriend is russian, her brother is 25 and has avoided the army quite easily with a forged doctors note for several years now, hardly seems justifiable grounds for asylum.

I think u'll find Russia is a very different place than the one you left but this isn't the time for discussing that.

I dunno how this will pan out for you but good luck anyway. It's just I'm afraid UK doesn't consider the call up as a valid reason for asylum IMO...

Steve

stedman
Member
Posts: 192
Joined: Wed Sep 28, 2005 4:15 pm
Location: london

Post by stedman » Wed Oct 19, 2005 8:54 am

I thought you had to be under 16 to be considered a minor?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Oct 19, 2005 10:29 am

Stedman, no, a minor is someone under 18 years of age.

Klimov, I don't see how you have any ability to make a claim for ILR under the 10-year concession. So I think you need to wait until you have been here for 14 years and then apply under that provision.

If anyone else thinks Klimov can apply under the 10-year concession then please do post.
John

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