Overstayer married UK citizen with no decision on ILR in 1yr

[jason07]

I have read numerous posts relating to some situations like my own but no clear answers on what should be done next.

-Came to the UK in july 1998 with a medical visa,
-Started University after a couple of months and went back home to africa to change medical visa to student visa.
-Given 3 years visa & met my to be wife just as visa was about to run out.
-Given 6 months extension till dec 2001 for graduation ceremony.
-Applied for extension of student visa for masters but dropped out after 2 months. Couldnt cope with full time work clashing with study.
-Got a request by HO to send proof of University attendance 2 months after
-Ignored letter and received IS151A from HO.
-Married in June 2003, moved into mortgaged property together since February 2003. Both have bills in single and joint names & both working without public funds. Decided not to apply till both of us were living together for a couple of years.
-Application for ILR submitted Feb 2006 with partners british passport and some docs returned with letter saying that it was no longer needed.
No response received in up to a year and my solicitor wants to get my MP involved.
Does this make any difference?
Wont getting the MP involved make things worse?, expecially since i had already been asked to leave the UK previously?
Is it true that it could drag on for 2 years?
Should i just demand my docs & expired passport, leave & re-apply from back home?
Any key questions i could ask my solicitor or things to enquire if he's done.

The uncertainty and wait is terrifying, any suggestions would help.

Jason

[Jeff Albright]

-Got a request by HO to send proof of University attendance 2 months after

Probably the uni reported to the HO that you stopped attending classes.

-Ignored letter and received IS151A from HO.

Wrongly sent. Should have received a curtailment of leave instead. Bad idea ignoring things of this nature. As you don't appear to have appealed, by law, you must have left the country soon after that.

-Married in June 2003, moved into mortgaged property together since February 2003. Both have bills in single and joint names & both working without public funds. Decided not to apply till both of us were living together for a couple of years.

Your marriage post-dated enforcement action, since you are not eligible under the DP3/96. You can appeal on human rights but you are unlikely to succeed. Your removal will be always viewed by the HO and by the Immigration Tribunal as in accordance with the law. There are no reasons or insurmountable obstacles as to why you should not leave the country and apply to come back as a spouse of your wife. Your appeal is bound to fail.

-Application for ILR submitted Feb 2006 with partners british passport and some docs returned with letter saying that it was no longer needed.

You will either get removal directions now or maybe a copy of your IS151A with the request to leave the country or be arrested and forcibly removed. You can delay this by lodging an appeal, but your appeal will most probably fail. At the end of the day leaving the country is the only option.

No response received in up to a year and my solicitor wants to get my MP involved.
Does this make any difference?
Wont getting the MP involved make things worse?, expecially since i had already been asked to leave the UK previously?

Involving an MP will only lead to your receiving your removal directions sooner.

Is it true that it could drag on for 2 years?

Can drag for 10 years and will only waste your own time.

Should i just demand my docs & expired passport, leave & re-apply from back home?

This is what you should do.

Any key questions i could ask my solicitor or things to enquire if he's done.

Just call the INEB and ask for whereabouts of your file. Write a letter saying that you withdraw your application, request that your passport and other documents be returned and leave. Information about how to receive your passport back is given on the IND website. The Enforcement and Removals office which holds your file can also be directly contacted.

[JamesC]

The last post is correct. Involving your MP will send your application into another queue. This will extend your application by some 6 months +.

The MP has no powers and frankly don't really know what they are talking about. Many letters attempt to play on the compasionate reasons which will be ignored by the IND.

You could involve your MP but my advice would be to voluntarily leave the UK and return using the correct entry clearance. Obviosuly there is no guarantee you will be allowed back in but there should be other posts on here giving you advice on how to successfully apply for a spouse visa.

J

[jason07]

If i can wait 11 months, i think it's still best to wait a couple more months till at least i get a response. I appreciate everyone's response and know that with the home office, nothing is fixed or impossible.
I'm not involving my MP and will wait till a response is received. The only confusing thing is "why does it take so long to get a response", does it mean that i have a better chance as its being considered or are all applications received nowadays like this?. I would have thought that a negative response would have been sent much quicker.
Mv sols has presented a compassionate case based on being married, working without public funds and being close to 9 years in the uk. Would inform the forum of progress, hopefully , a positive one.