Desperately need advice for a family member

[dosknyppxpuxtg]

Hi Everyone,

It's a bit of a sad story, but I just found out from an aunt of mine that her son has been hiding important information from her regarding the status of his stay here in the UK, which needless to say is in a bit of a mess. I don't have all the details, but here goes... I hope someone can offer a sensible advice here.

To cut a long story short, my cousin came to the UK back in 2001, successfully completed his GCSE and A levels and then a university degree and was granted a year long visa under IGS last year. Before it expired, my cousin applied for a switch to PSW a couple of months ago, but his application was denied (which is the most saddest reason of all, simply because of my cousin's stupidity, his family are literally millionaires and why he didn't have a bank account with £800, I have no idea)!

My cousin hid the fact that his application to switch was denied from his family and appealed against the decision on his own (big mistake, again!, without consulting any of his nearest). Needless to say, the appeal was rejected again, because of lack of funds.

Now comes the worst bit: he has hid the appeal rejection too from his family and just today my aunt came to know about the appeal rejection and most importantly, his visa actually expired back in May of this year! Although home office gave his visa back in September, no matter what, he's over staying.

Question is, what are the options now?

* Can he switch to a student visa now, using an in-country application, given the circumstances?
* Can he appeal against the appeal rejection?
* What are his best options now?

I understand this is a very tricky situation and I've advised my aunt to seek legal help ASAP to avoid additional hassle.

It would be a shame having spent 9 years in this country, he'll need to go back and possibly loose grounds for ILR based on the 10 year rule because of stupid mistakes!

Cheers.

[meats]

Although home office gave his visa back in September, no matter what, he's over staying.

Question is, what are the options now?

* Can he switch to a student visa now, using an in-country application, given the circumstances?
* Can he appeal against the appeal rejection?
* What are his best options now?

1) No, as you pointed out he's an overstayer and he should leave and apply from his home country.

2) I'm pretty sure that he can't.

3) Go home and apply from there.

[dosknyppxpuxtg]

Hi,

Thanks for that. Makes sense, what you said.

Just to salvage whatever that's left, if he goes back and comes back again using a valid visa, i.e. student, will he still be eligible for ILR based on the 10 year rule? Or that's a lost cause too?

Cheers.

Although home office gave his visa back in September, no matter what, he's over staying.

Question is, what are the options now?

* Can he switch to a student visa now, using an in-country application, given the circumstances?
* Can he appeal against the appeal rejection?
* What are his best options now?

1) No, as you pointed out he's an overstayer and he should leave and apply from his home country.

2) I'm pretty sure that he can't.

3) Go home and apply from there.

[meats]

Hi,

Thanks for that. Makes sense, what you said.

Just to salvage whatever that's left, if he goes back and comes back again using a valid visa, i.e. student, will he still be eligible for ILR based on the 10 year rule? Or that's a lost cause too?

Cheers.

Although home office gave his visa back in September, no matter what, he's over staying.

Question is, what are the options now?

* Can he switch to a student visa now, using an in-country application, given the circumstances?
* Can he appeal against the appeal rejection?
* What are his best options now?

1) No, as you pointed out he's an overstayer and he should leave and apply from his home country.

2) I'm pretty sure that he can't.

3) Go home and apply from there.

Not too sure but he's currently here illegally so even if he stays up until the 10 years now he wouldn't be eligible for ILR.

[Jack_Hammer]

My advice is to go to the immigration service advisory, or get a lawyer to see the best option . You have already stated that money is no object at all. It is the best thing to do while he still inside the UK, before leaving the UK. I don't thing it is an issue that can be solved by posting a few lines here. Get a lawyer if he can't get the best advice from the immigration advisory in your area.
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[Jack_Hammer]

This to confirm that overstaying may be used as grounds for refusal to entry clearance in the future once he left the UK. If he stayed more than 28 days and left the UK voluntarily, he may end up staying at least a year before they consider giving him entry clearance again.

I would say advise him to clean up the mess before leaving the UK. Remember good advisers and lawyers have seen many cases like this.


For more, please refer to this link and read it carefully:

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/
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[ash786]

Hi Everyone,

It's a bit of a sad story, but I just found out from an aunt of mine that her son has been hiding important information from her regarding the status of his stay here in the UK, which needless to say is in a bit of a mess. I don't have all the details, but here goes... I hope someone can offer a sensible advice here.

To cut a long story short, my cousin came to the UK back in 2001, successfully completed his GCSE and A levels and then a university degree and was granted a year long visa under IGS last year. Before it expired, my cousin applied for a switch to PSW a couple of months ago, but his application was denied (which is the most saddest reason of all, simply because of my cousin's stupidity, his family are literally millionaires and why he didn't have a bank account with £800, I have no idea)!

My cousin hid the fact that his application to switch was denied from his family and appealed against the decision on his own (big mistake, again!, without consulting any of his nearest). Needless to say, the appeal was rejected again, because of lack of funds.

Now comes the worst bit: he has hid the appeal rejection too from his family and just today my aunt came to know about the appeal rejection and most importantly, his visa actually expired back in May of this year! Although home office gave his visa back in September, no matter what, he's over staying.

Question is, what are the options now?

* Can he switch to a student visa now, using an in-country application, given the circumstances?
* Can he appeal against the appeal rejection?
* What are his best options now?

I understand this is a very tricky situation and I've advised my aunt to seek legal help ASAP to avoid additional hassle.

It would be a shame having spent 9 years in this country, he'll need to go back and possibly loose grounds for ILR based on the 10 year rule because of stupid mistakes!

Cheers.

1. U said your aunt and her son so wat is the legal status of his mother in the UK.