ILR URGENT COMPLEX SITUATION HELP!!!

[fmcool05]

I came in to the UK in Feb. 2001 as a student and I renewed my leave in this category consistently until 2008 when my application for a further extension of my leave was refused.

My application for the extension of my leave as a student on a yearly basis proceeded smoothly until September 2008 when I applied for a further leave to extend my leave and this was refused in December 2008 primarily on account of the facts that the Home Office did not accept that my sponsor had the requisite funds and was also not satisfied with evidence of my progression despite having informed them that my post graduate studies was completed in September 2008 but was not awarded until November 2008.

My application was made in time and was received and stamped by the HO on 30 September 2008 and an acknowledgement by the HO dated 1st October 2008 was sent to me.

After receiving the refusal letter, I sent a letter to the HO in December 2008 with my documents requesting for a review of the decision. This was allowed and I was granted leave from November 2009 till February 2010. It took the immigration authorities 11 months to review and then extend my leave from November 2009 to February 2010.

Before the expiration of my leave in February 2010, I applied for a leave to remain under Tier 1 of the points based system and this was refused on the basis that I made my application out of 12months period and no further representation is allowed.

I appealed the decision and had the hearing in August 2010. Although, the judge dismissed the appeal, he gave a recommendation that the HO may wish to look in to the case again.

I later sent a letter to the HO to review the decision and this was also refused as a result of applying for leave to remain under Tier 1 (post study work) in excess of 12 months after the award of the qualification.

Here I wish to point out that the post graduate qualification was awarded on the 5th November 2008 and as at then my documents were with the HO till when my leave was granted in November 2009, bt did not get my documents back until december 2009, this prevented me from applying within 12 months of the award date.

I have spent over 9yrs in the uk and continuously live with my sponsor who is a british. i also have a 3yr old child which i have never mentioned in any of my applications.

At the moment, i am exchanging letters witht the Home Office pointing out their fault in delaying to apply for the post study work permit within 12 months of award which they are yet to reply me.

I will be 10years in the UK in feb2011 and thinking what to do.

I am considering to make an application now that my appeal has failed and the letters i have sent so far have not been replied favourable except if tomorrow their next reply to my last letter will be positive and therefore seek your advice as to which application to make.

[Pierrot95]

At the moment, i am exchanging letters witht the Home Office pointing out their fault in delaying to apply for the post study work permit within 12 months of award which they are yet to reply me.

You said the judge was not convinced with your case, how do you expect the Home Office to change their mind about it?
It seems to me that it was clearly your fault because you had the option to ask the HO to send back your documents if you though the PSW visa was a priority. Would you ask the HO to compensate for any job opportunity or any other thing you missed because you couldn't travel during that time?
Just apply for any other visa category you qualify to take you to 10 years of legal stay so you can then apply for ILR under the 10 year rule.
Just my view.

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[fmcool05]

Don't get me wrong, the judge said 'it is the discretion of the HO to decide about the delay or not as such isnt dealt with in a tribunal and therefore will recommend to the HO to relook into the case'.

Regarding requesting for my documents and putting in the psw application. Firstly one woundn't have thought that the review would take that long and also it was a requirement for psw to have a valid leave of entry when applying and that was exactly what i was trying to get so how could i have withdrawn the review letter and put in for psw? Obviously it would be refused on that as well as no point would be awarded.

Still on what to do now as it is 10 years next month february, thanjs.

[Imani]

@ poster,

did you at any point use a solicitor?

After the first refusal, that was the time to have engaged an immigration adviser regarding a reconsideration or you could have made a fresh application which would be "out of time" but at least you made an attempt to regularise your stay. A reconsideration is not a new application and unless you have a very solid case, it may have been best to reapply with further evidence. Unfortunately some people at the Home Office are not very considerate and just apply the policy even sometimes not applying what is in their own guidance.

With regards to Long residence, it will be tough as they can overlook some days of gap but the length of gap that you had (11 months) may not be overlooked for ILR and Citizenship.

My advice (which you can always disregard) is not to represent yourself anymore and look for a good lawyer that may be able to find something in case law that can help your case. You have represented yourself so far without any success so i am not confident you can take on the Home Office any longer unless you are very convinced you can do it. Lawyers are expensive, i dont like to pay as well, but if it will save me a lot of stress especially if there is a previous refusal, then it may be worth it if you get the outcome you want.

You mention you have a child with a British partner. Well you may want to consider either spouse or unmarried partner's visa. Not sure if you can apply in the UK or have to apply from home. This may be your only option as if you are successful, then you can apply for ILR in 2 years time.

[fmcool05]

I have used a solicitor all the while only the letters i have been sending has been my own persnal work. the solicitor recomends an application for the FLR(O) and made mentioned of article 8 as i have established my life in the uk and i live with a british who has been my sponsor from the moment i came in the uk, but you never can trust these solicitors, just want to be sure it is the right application he suggested to me least i waste my money.

i live with my sponsor (my sister) who is a british and not my spouse.