Student Visa Refusal - What should be done ?

[msasim]

Hi Everyone,
I was just wondering if someone could enlighten me on the following subject.
A very close friend of mine recently had his student visa extention refused and was asked to leave the country. My friend however decided to stay due to pressing financial problems in his home country. He has been in the uk now for about a year after his visa extention was refused. He tells me that if he goes back it is very unlikely that he will ever be allowed to come back to the Uk again. He is a very honest and hardworking individual and I would really like to help him.He does not talk to anyone about his situation and only I know about this.He has a job so he is able to maintain himself.
Is there any Hope and can anything be done without leaving the UK?

Thanking You All.

[tvt]

What was the basis of the refusal?

Did he appeal? If yes, what was the outcome of the appeal?

[msasim]

Hi,
Thanks for you reply.From what he told me I can see two reasons,firstly he sent his passport for extention very late,i.e after the visa expired and secondly he was asked to bring documents from his home country which he couldn't in the time he was given and so they sent his passport back straight away and asked him to leave the country within 28 days. As for the appeal I don't think he has appealed because he did mention that he does not have a right to appeal.

Thanks

[Smit]

He doesn't have much chance of staying in the UK without him going back to his home country first. Maybe he can qualify under some other category?

Or he can wait around till he has completed 14 years in the UK and then apply for ILR (assuming the 14 year rule will still be there when he applies).

Or he can always look behind his back wait for a "dawn raid" to be carried out by the immigration service.

Or he can explore going back voluntarily under the IOM/Home Office initiative.

[tvt]

I cannot really sea how can he regularise his stay from within the UK. In any case he is blacklisted on the UK immigration system as he applied for extension after his visa expired.

[msasim]

The situation does look bleak and I have tried talking to him to go back voluntarily but he still believes something can be done. Thanks for your reply anyway.

[rogerroger]

has he considered marrying a british citizen

[jes2jes]

has he considered marrying a british citizen

Roger, even with the above suggestion I believe he still has to go home since I know a couple of overstayers who married citizens and have to go to their home country for the visa application.

May be the following news can be good news although there is no timeline and no classification as to who will qualify.

Illegal immigrants may be granted amnesty in the UK
15 June 2006


The Home Office has not ruled out an amnesty for illegal immigrants, despite previously denying one would go ahead.


Home Office minister Liam Byrne said it is too early to tell whether he will allow the controversial move, adding he wants more information before he makes a decision.


Estimates put the number of people living in Britain without permission at about 500,000.


Labour has been considering the idea for at least three years. Former Home Secretary David Blunkett said it was mooted when he was heading the department.


And Jack Dromey, deputy general secretary of the Transport and General Workers Union, welcomed the possibility of an amnesty.


He said: "The time has come for the Government to be brave, distinguishing between deporting the few who commit serious crimes and allowing the many undocumented migrant workers to remain."


He said: "They are good men and women, essential to our economy and pillars of their local churches and communities."

[tvt]

There will be no amnesty as Labour will suffer a tremendous fall in the polls if this is implemented. This is issue is very politically sensitive.

[olisun]

There will be no amnesty as Labour will suffer a tremendous fall in the polls if this is implemented. This is issue is very politically sensitive.

true

[Jeff Albright]

I agree. I don't think there will be amnesty as such.
There may be a regularisation programme according to strict eligibility criteria for those who has spent in the UK considerable amount of time and worked all this years and never broken the law. Overstaying just for one year is unlikely to be a significant factor in order to qualify.