a bit of a mess

[jack86]

hello good people!
i have a situation here and i was wondering if anyone can give me some advise.
i arrived to the uk in the begining of october as a visitor on a turist visa in order to spend time with my girlfriend , and supported by her and myself.
i was given a 6 months visa.
after 5 months i decided i want to stay longer so i left the uk for a week and came back. the immigration were very hard on me and held me up for hours , although my girlfriend was with me and we supplied all neccecery proff that i wasnt going to work , immigrate or use the system in any way.after hours and some mind games (asking the same qustion a few time in order to confuse??? what , are we 10? come on) ,they gave me the 1 month that i asked for.
at the end of the month i decided to send a visa extention form , with all the money (no joke , 335£) papers statments and the rest. and the problem is ...
the idiot that got my forms not only denied my visa (his right , i know) but put a black stamp on my passport marked 2009 and claimed that since i came here in october ,i have over stayed my 6 months and i am illigal now. i think that guy didnt bother to flick through the pages in my passport to see that i got another visa.
and now i have no idea how to fix it. i called every office there is just to be told nobody deals with this problem. they just give me another phone number.
how can i make them see the missunderstanding that happened here.
i played by all the rules , and still got faced by the system. the last thing i wanted was to find myself illigel here with a uk ban for 3 years.
so if you bothered to read untill here i thank you,and you can give me some good advice , i will be more then greatfull!!!

[tvt]

You have no right to appeal a rejection of a tourist visa. The only way to amend this is to start an expensive judicial review process or to get out of the UK and seek a new entry clearance. If your relatioship with your GF is solid you may consider marriage of fiance visas.

[Jeff Albright]

i played by all the rules , and still got faced by the system.

The fact that you have only been in the UK for 6 months does not render any form of compassion to your case and it will be a waste of time for you to fight it. Some people have lived here for years, abided by all the rules, got faced by the system and then fought for years to put things right.

the last thing i wanted was to find myself illigel here with a uk ban for 3 years.

Even if you overstayed, you would not have been banned from re-entry to the UK. Overstayers in the UK are not banned. Please have a look at your stamp properly and see what is written there before jumping to conclusions.

[Kayalami]

my understanding of the op's post is that:

1. He is a non visa national who was granted leave to enter (LTE) the UK for 6 months at a UK Port of Entry (POE). He then departed the UK prior to the expiry of the 6 month LTE.

2. He then returned to the UK and sought to enter as a visitor. The Immigration Officer at the POE noted his previous and very recent stay in the UK and doubted that he was a bonafide visitor. Hint you should spend more time in your country than the UK in any given 12 month period if you are a bonafide visitor. Also how do you manage to fund yourself in the UK and how do you intend to given you will be here for such a long time? The IO can rightly concur that you will/ are working illegaly.

3. Accordingly the IO granted the OP 1 month LTE. I would expect that the OP was also told in no uncertain times to not attempt to play the visitor visa regime.

4. The applicant applied for FLR to extend his visitor status to six months and this has been refused.

5. If the application was submitted after the expiry of the 1 month intial grant of LTE then there are no grounds of appeal. If the application was submitted prior to the expiry of the 1 month LTE then there are grounds of appeal. With respect TVT's comments refer to visitor visa/ entry clearance applications at overseas diplomatic posts that are not in the designated family member category. Where such are refused then there is no right of appeal.

6. I would suggest given the gravity that a refusal entails on your immigration history particularly for visitor status you submit an appeal. Further from first impressions it seems the person who dealt with your application has possibly gone the deportation route and may have issued a deportation order against you which is serious stuff - such would require you not to return to the UK for 3 years i.e. my reading of the 2009 annotation. This makes it even more imperative to get the appeal going. It seems finances may not be an issue for you - I suggest you get some competent legal help on this which may cost you. Your advisor would need to review the matter of appeal time and timeline to the 6 month extension you would get. It may be he/she works with the Home Office to remove the refusal/ cancel it without prejudice and get your records on their computers corrected. You have 14 days from receiving the decision to appeal.

7. If you decide not to appeal and leave the UK don't try to return and seek LTE at a POE. You will need to get a visitor visa and as things stand your chances of getting one in the near future are slim to none.

good luck