Entry Clearance granted after overstaying and IS151A

[sweet1]

My student visa expired in September 2003. In order to complete my final undergraduate year at University for 2003/2004 I applied for a visa extension. However I applied over two months late in November 2003. I did not get any reply from the Home Office until February 2005. They told me they had lost my passport. By this time I had already completed my final and had attended the convocation. I only got this reply in February 2005 after I had informed them I wanted to return to my home country. The process of getting a replacement passport at my embassy in London took over 8 months. While awaiting my passport replacement I began a Masters degree. When I did get my new passport I reapplied for a student visa extension (for my Masters degree) at the Home Office.

While awaiting this second visa extension I completed my Masters degree in September 2006 and simultaneously got a 5 Year work permit (out of country) through an employer. By this time I still hadn’t received my passport back for my second student visa extension application from the home office. Therefore I wrote a letter to the home office telling them I was withdrawing the visa extension application in order to return back to my country to get entry clearance on the basis of my 5 year work permit. I showed the home office the air ticket to prove it. Instead I got served IS151A based on my initial late application in 2003 and was given illegal immigrant status. Technically I was an overstayer for 3 years although it was my initial 2 month late application that did it. I was upset, shattered and was so embarrassed. Nothing can definitively explain the mixture of nasty emotions that ran through me

I did not tell a single soul except my then future boss. Luckily my boss stuck by me and hired a lawyer on my behalf who set about a water tight application for my entry clearance. When I got back to my home country with my IS151A I handed in the entry clearance application and included the following documents (under instruction from my lawyer) amongst other obvious requirements:

• A letter with reasons for my late application in 2003 and further circumstances affecting my case. I told the truth all the way.
• Tenancy agreement
• A sponsorship letter from my girlfriend with bank statements
• Letter from my sponsoring employer.
• Copies of academic certificates
• Reference letters from previous employers

I handed in the application and got my full 5 year entry clearance within 5 working days. There was no interview, no further enquiries – just that. I’m over the moon.

On receipt of my IS151A before I returned to my home country to apply for my entry clearance I did read so many postings on this immigrationboards.com website. Some of the stories I read upset me and some of them gave hope. I hope my story gives hope.

[sidraghava]

Congratulations. Your experience is definitely hope-affirming. I am applying for a settlement visa after having been issued with an IS151A. Hope everything goes right with me as well.

Cheers

[Jeff Albright]

Sweet1,

You are really sweet to post this story on this board! Thank you. This will certainly clarify a few things to many people, in particular, in reference to the rule 320(11). Well done, congratulations!

Please could you fill us in on the following:

- Did you give a copy of your IS151A to the ECO?
- Did you put "yes" to the question in VAF "Have you ever been removed/required to leave the UK (got the form IS151A)?
- Why did you need a letter of sponsorship from your girlfriend - you were approved for Work Permit for 5 years that guarantees your income sufficient for the ECO to be satisfied that you would support and accommodate yourself without having recourse to public funds.
- What was the role of the lawyer your employer had hired? From what you said it appears that you have done everything yourself.

Thanks

Jeff

[sweet1]

Thanks Jeff,

I read your posts after getting my IS151A and I prayed you knew what you were talking about. It looks like you did. People should listen to you.

Here are the answers to your questions

I gave them a copy of my IS151A form however, of all the documents I gave them, the IS151A form is the only one they returned to me. Maybe it means that they did not require it but I am not sure.

I put “yes” on the question "Have you ever been removed/required to leave the UK (got the form IS151A)?”

I needed a sponsorship letter from my girlfriend to prove that I will have enough money for the first month vis-à-vis will not resort to public funds before receiving my first paycheck since I did not have enough money in my account. My bank statements showed that my account was in overdraft. Even though I had close to thousand to spent considering the overdraft limit, my lawyer advised me against it – my girlfriend was several thousand in the black.

Actually I failed to mention this earlier the lawyer did the following amongst other things; she

• Wrote a letter detailing why I should be given entry clearance i.e. that I was of the right age, did not have a criminal record, was qualified for the job, had enough financial means to support myself etc. It was a really convincing detailed letter which strengthened my case. It had some legal-speak I can not recollect– various sections of immigration law were mentioned.
• Made sure that I did not give out adverse information for example by not handing in my bank statements, I would not disclose that I was working part-time beyond my visa.
• Advised me that in the event of an interview I should tell the truth but should only answer questions I’m asked. She said that it would be near impossible to appeal if I had lied at any stage. Anyway I wasn't interviewed.

Sweet 1

[sidraghava]

What is the IS151A form? I only have a written affirmation in my passport.

[Jeff Albright]

I read your posts after getting my IS151A and I prayed you knew what you were talking about. It looks like you did. People should listen to you.

Pleased to be able to help! We just all seem to learn things like these from experiences of the others, as there is no exact information available anywhere regarding the ECO guidance and procedures to make people aware of what to expect... Imagine how much time and public money would have been saved if people could get proper advice instead of running into appeal process that costs a lot of stress and anxiety, takes months and even years, uses the taxpayer money for the tribunal hearings and even ends up in so many appeals being lost and the taxpayer's money - wasted.
It is a lot easier to make sure all the rules are met, go out, apply for fresh EC, get it in 5 days and return. This would have probably also reduced a number of illegal population in the UK.

I gave them a copy of my IS151A form however, of all the documents I gave them, the IS151A form is the only one they returned to me. Maybe it means that they did not require it but I am not sure.

I don't think they did - that document is for your own personal keeping and has nothing to do with your EC application.

I put “yes” on the question "Have you ever been removed/required to leave the UK (got the form IS151A)?”

Indeed, it is always good to be honest.

I needed a sponsorship letter from my girlfriend to prove that I will have enough money for the first month vis-à-vis will not resort to public funds before receiving my first paycheck since I did not have enough money in my account. My bank statements showed that my account was in overdraft. Even though I had close to thousand to spent considering the overdraft limit, my lawyer advised me against it – my girlfriend was several thousand in the black.

VERY wise advice and right thing you did. Your lawyer also appears to be good. However, if you had already been working for that company and could have produced payslips, that would have diminished the need to show your girlfriend's funds.

Wrote a letter detailing why I should be given entry clearance i.e. that I was of the right age, did not have a criminal record, was qualified for the job, had enough financial means to support myself etc. It was a really convincing detailed letter which strengthened my case. It had some legal-speak I can not recollect– various sections of immigration law were mentioned.

I think it was a very good advice to write this letter. It would also be a good advice to obtain a similar letter from your MP.

Made sure that I did not give out adverse information for example by not handing in my bank statements, I would not disclose that I was working part-time beyond my visa.

But you did enclose your bank statements, didn't you?

What questions were you asked when passing through immigration control on arrival?

[sweet1]

Actually Jeff, I did not enclose my own bank statements at all, only my girlfriend's.

At arrival I was asked why I was given the IS151A. I told them the truth. She didn't give me a hard time.

Sidraghava, an IS151A form tells you of your illegal immigrant status. In addition to its issue, the immigration officer will write in your passport for example, "Issued with an IS151A at XYZ Immigration Office". An IS151A form tells you in general terms why you are considered an illegal immigrant.

[nyetmo]

Hello Sweet,

I am in the similar situation - overstayed and entry clearance refusal.

Can you please give me your lawyers name and contact details ASAP.

I am now in the process appealling to high court. I don't know how to argue with paragraph 320(11).

Thanks

[nyetmo]

Hi its me again.

Do you still have a copy of the solicitors letter? Could you email me the letter? nyetmo@hotmail.com

It would be really great if I can have the solicitors contact details ASAP - I only have 22 days to go for high court appeal.