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1) No, as you pointed out he's an overstayer and he should leave and apply from his home country.dosknyppxpuxtg wrote: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?
meats wrote:1) No, as you pointed out he's an overstayer and he should leave and apply from his home country.dosknyppxpuxtg wrote: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?
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.dosknyppxpuxtg wrote: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.
meats wrote:1) No, as you pointed out he's an overstayer and he should leave and apply from his home country.dosknyppxpuxtg wrote: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?
2) I'm pretty sure that he can't.
3) Go home and apply from there.
1. U said your aunt and her son so wat is the legal status of his mother in the UK.dosknyppxpuxtg wrote: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.