Posted 04 March 2010 - 08:38 PM
Can anyone clarify what the situation is now? My reading of the rules from the link given is that normally time spent "in breach" should be counted as legal residence if subsequently there is a grant outside the rules. They don't have to, but if they "should normally exercise discretion" they would have to justify not doing so.
I have a friend who was advised by a CAB last year that she could apply for BC, a year after ILR outside the rules and five years after applying for asylum. She was refused, as far as I know (I haven't seen the papers) because her period on TA was not counted as legal residence (she applied in-country). Naturally, her fee was not refunded.
If the rules have been changed, what do we think would be the prospects of re-applying and asking for a fee waiver? And what about the liability otherwise of the CAB - apparently they have admitted verbally that they gave wrong advice, but when she asked for a copy of the advice given her (she lost her own copy) they couldn't find it.
Any suggestions, apart from the obvious see a solicitor (I already told her that) would be very welcome!