14 years residence and have been served a deportation order?

[kulsum]

I was given leave to remain until 30 dec 1991 on a visitors visa from june 1991.On 5 dec 1991 i applied for extended leave to remain but was refused on 15 january 1992. On 15 oct 1992 i made a further application to remain as a visitor but was refused on 25 feb 1993.On 16 march 1993 i applied for asylum.I had no one to go to back in my country and i was at present being supported by my sister and her husband.Application for asylum was refused on 14 may 1997. On 24 june 1998,i was served with a notice of intention to deport.However i appealed against this but was dismissed on 21 jan 1999.Since 1991 i have been living with my sister and her family.I have taken a major part in bringing up her 8 children.I am 58 years old and i have never been married even after many marriage proposals i refused because i have always thought my sisters' family as my own.
I applied for indefinite leave to remain to stay in uk on 14 years residence in december 2005.I recieved a refusal letter from the home office today[21-02-2007].It states that i do not satisfy them under paragraph 276B of the immigration rules which is as follows;

(b)" he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom"

Could someone please tell me what this means,as i do not understand why i have been told that i have not been resident in uk for 14 years when i have since june 1991. I have been served with a deportation notice and i would like to know what legal action can be taken.Please can some one help because i have not got anyone to return to.

thanx

[try-one]

Hi Kulsum,
Regarding your "notice of intention to deport" served June 1998, you mention "but was dismissed" on Jan 1999. Can you please clarify if your appeal was dismissed or if the notice of intention to deport was dismissed.

Please note that the rule says "excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom": So from June 1998 you were served with such notice, if your appeal was dismissed then you have only 7 years that qualify towards the 14 years.

I would suggest you contact an immigration advisor, links, names and details can be found on this site with the search function.

[kulsum]

thanks for your reply.
I was misguided by immigration advisors that i would get indefinite after 14 years residence and that i didn't need a solicitor to take my case.
So does that mean that i will never qualify for 14 years residence?

Also i have been told that i must attend to an appointment with an immigration official.What is this appointment for and what happens at these meetings?

However i will also speak to an advisor aswell.

Once again thankyou for your reply.

[OL7MAX]

Unfortunately for you it is indeed the case that the clock stops ticking once you've been served with a notice..... but get an expert to read all the HO correspondence carefully. The HO often make technical mistakes which can be used to argue improper notice.

>> section 10 of the Immigration and Asylum Act 1999
This act wasn't in force when you originally came here, it wasn't in force when you were served with your notice. I don't want to raise your hopes but you may want your solicitor to explore all avenues to show that you do indeed have 14 years of allowable stay. You may even want to press them on what grounds deportation orders (if issued) can be revoked.

[saprani]

http://www.bailii.org/recent-decisions. ... ases/UKIAT
waste of a lifetime..