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Please clarify: Does this mean that IND have had your passport for 6 years?Jeff Albright wrote:I was waiting and I am still waiting, after 6 years already. Except for one thing... In 2002 when I was trying to contact the Immigration via my local MP (after several other attempts have failed) they said that they never had any application from me and I was classed as an overstayer subject to removal.
I am going to have to think this one over for a bit, I can't imagine where they would hold on to a passport for 6 years...Jeff Albright wrote:Absolutely. But they claimed they never had it.
If the IND decides that you are in breach right now, your witness statement will have no value. The fact that they have not initiated AR proceedings in the past cannot be taken as a concession on their part that you were here legally.Jeff Albright wrote:I want to use this Witness Statement in the Court to make the IND rescind the record of overstaying on my file. This is a very important issue which will enable me to submit a fresh application
If they initiate AR, you'll need a caseworker. You might consider speaking with the http://www.jcwi.org.uk/ or the http://www.iasuk.org to get things started. Your situation is unique and complex. Beyond signpostings to the IAS or JCWI, the internet is unlikely to be a source of significant help.My question is whether someone out there would be able to guide me and assist me?
There is no favor being asked for from them. They can decide what they think is appropriate and bring it to me. I have my own defence side including witnesses, documents and facts. If I am pled guilty of something that should be based on all the evidence being considered in Court and not just on assumptions made by either of us. It's entirely up to them how long they want to take to do that. It is natural I cannot be held responsible for the time they take. My responsibility is to ensure I have followed the law, which always I did over last 6 years.
Really? The Witness Statement contains vital clues that there was a representation made to the IND in black and white. If there are doubts the investigation should be carried out before one party accuses another. It is an obvious thing. There is even a Human Rights paragraph about fair trial, etc.
The fact that they have not initiated AR proceedings in the past cannot be taken as a concession on their part that you were here legally
Thanks for your time and help. I shall bear this in mind and will follow this route. The reason for posting my tread to this discussion board was to find someone in a similar situation. I will continue to welcome any comments and advice who feels like sharing them with me. I appreciate this.
They said they have never had it in Croydon. They always use registered mail. If the package had been undelivered it should have been returned to them. Again, it is nonsensical and against the human perception to hold someone responsible for mistakes made by another party.
As for solicitor - I was entitled by English law to have a legal advisor. Whoever he was, he was allowed to exist and practise law in the UK. Who governed his activity and why - it is not within my own control. He presented himself as a knowledgeable and professional person. I took his services. Again - obvious and natural things.
If they initiate AR, you'll need a caseworker. You might consider speaking with the http://www.jcwi.org.uk/ or the http://www.iasuk.org to get things started. Your situation is unique and complex. Beyond signpostings to the IAS or JCWI, the internet is unlikely to be a source of significant help.
As I read it, your witness statement proves that your marriage broke down during your probationary period. That's all they need to know regarding your immigration status full stop.Jeff Albright wrote:Really? The Witness Statement contains vital clues that there was a representation made to the IND in black and white. If there are doubts the investigation should be carried out before one party accuses another. It is an obvious thing. There is even a Human Rights paragraph about fair trial, etc.
As I read it, your witness statement proves that your marriage broke down during your probationary period.
Oh yeah they always knew. If they wanted to follow it up quickly then we would have resolved the matter within the year or so. But to drag it up to 6 years, not respond to numerous attempts to contact them, and then after all blame me for everything and try to ruin my life is unspeakable. I cannot even imagine how many Human rights are violated here.That's all they need to know regarding your immigration status full stop.
It will reach the High Court, I am sure without any adjudicators. This is when all the circumstances will be weighed and then the judge will make a final ruling. There is no such law or any human being who can break me down that easily accusing me of something that I have never done.As to courts and "vital clues", it's not the way immigration law works. There's an adjudicator and then a tribunal. Based upon what's been written here, I would guess that your case will not even reach the adjudicator if you are not in a subsisting marriage.