Studen visa, 10 years residence

[konkon]

Hi, everybody. I live in UK for nearly 10 years (came here in 2002). I came here on a student visa and in 2003 sent my application for prolongation of student visa. Did not have any responses from HO (though my solicitors and I personally contacted HO - they were saying not to worry as they need more time for decision). I kept studying till 2008 in college, than, as I still did not receive my documents back and I could not enrol anywhere, I started distance learning. All this time contacted HO with no result. In 2011 received a letter from legacy. Sent back the filled form and pictures as been asked. Received refusal as I did not send enough documents. . Appealed to first-tier tribunal in 2011. The appeal was dismissed. Appeal to Upper Tribunal allowed. Appealed to Upper Tribunal and waiting for decision at the moment. Does anyone have any idea what will happen next? I do not have a family life here but I mentioned Article 8 Private life in appeal (sent letters from many of my friends living here), also I sent a proof that I have enough money to support myself here. When Upper Tribunal will approve my application, will I receive a right to apply for another student visa, or will it be ILR? Was I all this time lawfully in UK? And if an outcome will be a student visa would it be possible to apply for ILR on the grounds of 10 years lawful residence in UK? And if yes, which documents would I need to send supporting my application? Thanks everybody.

[vinny]

If you had made your application in-time, then you are still legal in the UK.

[Eastender14]

What you should have done was to carry on as a full time student irrespective of the decision of HO or Tribunals. If you believe that you will win the UT, then you will need to submit a fresh application to extend your leave. Distance learning will not count. Unless you can demonstrate to HO that you are still a FT student, then extending your visa on that ground will be feasible. I do not know if once you win your UT as to whether you can apply for ILR straightway. Perhaps a senior member can help you with that. With regards to applying for ILR under 10 year lawful stay, there is no issue. I have many friends who have applied and got their ILR. See their guidance notes for more info. Supplementary info such as bank statements and P60s is at your discretion.

[konkon]

Thanks everybody who responded for my question. I made an application in time but it was refused through Legacy after 9 years! So, basically, I have no visa at the moment but I appealed to the court straight away. And it is 6 months passed now since the Legacy refusal. Am I still lawful in UK while my case is in a court? I presume yes, but how can I enrol to college/university? They all want to see a passport with a student visa… That is why, actually, I started distance learning. It is like a closed circuit… I should prove to HO I am a full time student to get a student visa and I cannot enrol anywhere as all my documents are still in Home Office (for nearly 10 years!). And does the time spent in a court count in a 10 years long residency? Thanks for everybody’s replies.

[bobby80gh]

A fair judge will uphold your appeal. It took UKBA so many years before they wrote to you with a rejection letter and as a result you have suffered undue hardship. A fair judge will ask them why it to took so many years for them to make a decision. You have to get a good solicitor or argue your case properly and you will be fine. If I were you I will argue my case in line with my Human rights. It will also help if you have strong ties in the UK. I wish you all the best.