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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
I sent all passports which shows all stamps , all the data is there really .ppron747 wrote:
I don't think that Liam Byrne's letter is accusing you of being an overstayer or an illegal entrant. It says "Unfortunately more complex cases and those made by overstayers and illegal entrants are not straightforward...".
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Yes - but, as your phone call today indicates, they haven't looked at them, except for just long enough to form a view that it is "complex"...Aloevera2 wrote:....I sent all passports which shows all stamps , all the data is there really....
Others will know this better than I, but I believe that if the visa application was submitted in time, and the appeal was lodged in time, you continue to be here "with permission" - ie you're neither an illegal entrant nor an overstayer....By the way if your awaiting an appeal hearing from a refused student visa what status are you...
Thanks for your replyKayalami wrote:Aloevera2 wrote:1.In dec 2004 home office denyed my student visa renewal which I appeal
Kayalami wrote:1. There is not enough detail in terms of course programme, content, detail of results submitted and duration to when the second set of results was submitted for me to deduce the merit of the appeal. On paper though it seems that it would have had a chance of success.
2. Again without site of the paperwork difficult to comment conclusively but if he/she addressed the above points with reference to the immigration rules and substantive documentation to prove such then it is likely there was a chance for success.
Are you sure of this as i belive waiting for an appeal still means u are here legally and the clock is ticking (as what paul said above )Kayalami wrote:
3. This comment concerns me in the extreme and makes me question your lawyer. I'll try and explain why. The residence clock counter for immigration purposes automatically stops when there is a refusal because you then have no leave.
I only applied for 9 moths from 31 st dec 2004 to sept 2005Kayalami wrote:
(i) E.g. you are at year 9 when apply for a student visa extension of say 2 years and it is an in time application (i.e. within the validity of your current visa). As it is in time Sec 3C of the 1971 Immigration Act as amended applies and the conditions of your previouse stay are deemed to continue until a decision is made on your case i.e. you do not become an overstayer. However Sec 3C is not a grant of leave.
Any any moderators (in the know people comment on this )Kayalami wrote:
IMHO by withdrawing your appeal you effectively lost your chance to continue the clock had the appeal been successful. Upon withdrawing the appeal you no longer have any basis of remaining in the UK. Your leave to remain ended the day your extension application was refused and your chance to regain it seems to be now lost. It seems that your lawyer has taken the position that Sec 3C applies to making an application when an appeal is pending. It is my view that this is not the case since Sec 3C only applies when the applicant has extant (existing) leave which was not the case here. If this is the case you are effectively an overstayer and the ILR application will fall for refusal. You will not have a right of appeal other than on restricted grounds.
The said your application does not attract a fee and your money has been refundedKayalami wrote:
Also puzzling is that the Home Office have sent back the fees - what are the grounds for this?
Yes any thing you would like me to look for , i have both the irl application and appeal letter ?Kayalami wrote:
This indicates some type of discretionary application or one based on specific articles of the european convention e.g. art 3. Have you actually seen copies of what your lawyer submitted?
I should have this will check as she made me fax over a request to cancel the appealKayalami wrote:
Is there any correspondence from the Home Office or the Immigration Tribunals acknowledging the withdrawal of the appeal? Something doesn't seem right.
Notwithstanding this since the appeal is withdrawn any merit is now moot.Aloevera2 wrote:Thanks looking at the points I belive I had a good chance to win my appeal also
Aloevera2 wrote:Are you sure of this as i belive waiting for an appeal still means u are here legally and the clock is ticking (as what paul said above )
My comments would apply to any period...the figures I use are for illustrative purposes/ as an example.Aloevera2 wrote:I only applied for 9 moths from 31 st dec 2004 to sept 2005
What form is it - should be SET (O). Does the form contain references to any articles of the Human Rights Act. I am not sure what you mean by appeal letter - is this the letter you sent to withdraw?Aloevera2 wrote:Yes any thing you would like me to look for , i have both the irl application and appeal letter ?
So your 'appointed representative' told you to carry out an action that entirely prejudiced your immigration position...have you asked yourself why she did not write the letter.....is this the kind of person one would trust to look after an immigration matter? This is unprofessional and unethical.Aloevera2 wrote:I should have this will check as she made me fax over a request to cancel the appeal
What course were studying? My view is that you will need to look into a Work Permit as a minimum going foward. Such depends on your qualifications and/or skills.Aloevera2 wrote:I am not studying any more my course has since been completed and I passed.
Aloevera2 wrote:The lawyer details I got from the OSIC web site
Is she a British Citizen and if so how did she acquire it? I ask since there are various categories of British Nationality each with their respective passports. Why did you not acquire British Citizenship if your mother holds such?Aloevera2 wrote:my mother holds a bristih passport and it was sent with my application as she supported me during my studies.
It is not unusual for applications that are not straightforward to take several years before resolution - look in the family forum and see people who have had their applications at the Home Office for anything up to 4 years. It appears that your file has not even been assigned to a caseworker. With Romania and Bulgaria acceding to the EU in 6 weeks time the Home Office resources will be further stretched with the 'worker registration' type regime to control their flows. If you wish to resolve your status sooner/ want to influence it then you need to look at other visa options - such would have to be in a category leading to settlement e.g. work permit. You would have to go back to your country of nationality to apply for the relevant visa. In the meantime I suggest you discuss the same with your lawyer.Aloevera2 wrote:If they wish to refuse me then its best they do it asap instead of keeping me waiting so long its to stressfull .