15 replies to this topic

[decent_manchester]

HI all

Hope you are all doing well. I posted a couple of topics long time ago asking for advice on my case. In a summary, I have been in the UK since 1999 on student visas. I came to the UK with my wife and 2 daughters (2 and 1 year old by that time, they are 13 and 12 now) then my wife gave birth to our 2 boys in 2000 and 2004, they are nearly 10 and 6 years old. We never left the country except for once (30 days). In 2008 I applied to extend my visa which was refused 9 months later. I appealed against the decisoin of removing me from the country and the appeal was allowed according to paragraph 395c and article 8 of human rights. Last July I'v been legaly for 10 years. I asked my solicitor if I can apply to indefinite leave to remain on 10 year long residence rule and he adviced me to wait for the HO decision on my case. After 7 months of my appeal being allowed the HO granted us 3 year discretionary leave to remain. I consulted a few immigration advisors who confirmed me that they would have granted me ILR since the removal is not appropriate. If I would have applied to ILR in 2006 using the 7 year concession (which is now withdrawn) we would have been granted ILR. My question now!! Can i ask for any sort of reconsideration or seek any sort of legal action? What options are available for me to get the ILR without waiting 3 OR 6 years on discretionary leave? My eldest boy who was bron in2000 will turn 10 years soon and I will be able to register him as a british citizen. Could you please help me answering my quiries.

Best Regards

[Manchester Legal Services]

decent_manchester, on 20 March 2010 - 08:32 PM, said:

HI all

Hope you are all doing well. I posted a couple of topics long time ago asking for advice on my case. In a summary, I have been in the UK since 1999 on student visas. I came to the UK with my wife and 2 daughters (2 and 1 year old by that time, they are 13 and 12 now) then my wife gave birth to our 2 boys in 2000 and 2004, they are nearly 10 and 6 years old. We never left the country except for once (30 days). In 2008 I applied to extend my visa which was refused 9 months later. I appealed against the decisoin of removing me from the country and the appeal was allowed according to paragraph 395c and article 8 of human rights. Last July I'v been legaly for 10 years. I asked my solicitor if I can apply to indefinite leave to remain on 10 year long residence rule and he adviced me to wait for the HO decision on my case. After 7 months of my appeal being allowed the HO granted us 3 year discretionary leave to remain. I consulted a few immigration advisors who confirmed me that they would have granted me ILR since the removal is not appropriate. If I would have applied to ILR in 2006 using the 7 year concession (which is now withdrawn) we would have been granted ILR. My question now!! Can i ask for any sort of reconsideration or seek any sort of legal action? What options are available for me to get the ILR without waiting 3 OR 6 years on discretionary leave? My eldest boy who was bron in2000 will turn 10 years soon and I will be able to register him as a british citizen. Could you please help me answering my quiries.

Best Regards

Were you were granted temporary admission whilst you were awaiting you case? At any time were you illegally in the UK?

[decent_manchester]

Manchester Legal Services, on 20 March 2010 - 08:50 PM, said:

decent_manchester, on 20 March 2010 - 08:32 PM, said:

HI all

Hope you are all doing well. I posted a couple of topics long time ago asking for advice on my case. In a summary, I have been in the UK since 1999 on student visas. I came to the UK with my wife and 2 daughters (2 and 1 year old by that time, they are 13 and 12 now) then my wife gave birth to our 2 boys in 2000 and 2004, they are nearly 10 and 6 years old. We never left the country except for once (30 days). In 2008 I applied to extend my visa which was refused 9 months later. I appealed against the decisoin of removing me from the country and the appeal was allowed according to paragraph 395c and article 8 of human rights. Last July I'v been legaly for 10 years. I asked my solicitor if I can apply to indefinite leave to remain on 10 year long residence rule and he adviced me to wait for the HO decision on my case. After 7 months of my appeal being allowed the HO granted us 3 year discretionary leave to remain. I consulted a few immigration advisors who confirmed me that they would have granted me ILR since the removal is not appropriate. If I would have applied to ILR in 2006 using the 7 year concession (which is now withdrawn) we would have been granted ILR. My question now!! Can i ask for any sort of reconsideration or seek any sort of legal action? What options are available for me to get the ILR without waiting 3 OR 6 years on discretionary leave? My eldest boy who was bron in2000 will turn 10 years soon and I will be able to register him as a british citizen. Could you please help me answering my quiries.

Best Regards

Were you were granted temporary admission whilst you were awaiting you case? At any time were you illegally in the UK?

Thank you for quick reply. Actually, I applied to extend my visa before the old one expired (i was considered been here legally as i was waiting for a decison and then was given the right to appeal and I lodged an in-time appeal). Answering you question if i was illegal for any time. My answer is NO.

Regards

[Victoria]

Why not ask your solicitor?

[decent_manchester]

Victoria, on 21 March 2010 - 08:53 AM, said:

Why not ask your solicitor?

HI Victoria

Yes you are right..It does make sense that I skhould seek an advice from my solicitor. Imagine while the case was being in the court and before the hearing if I wanted to see him I could not. After the hearing the receptionist told me that they have done their job and left me contacting the HO ...etc. If I want to see him now they will ask me for £150 for advice!!!


Regards

[Victoria]

Sometimes I see exactly why the legal profession has such a bad rep.

[decent_manchester]

Hi all

I urgently in need of legal advice about my case as it is a little bit complicated. I have been in the UK for about 13 years with my wife, 2 daughters (who entered the UK with me on student visa) and 2 boys who were born here in the UK (11 and 8 years)- the eldest was granted a british passport on basis of been born and lived in the UK for 10 years. At the moment we are on DL visa since March 2010 following a successful appeal of refusal of student visa. The DL limited visa will end in March 2013. By then, we will be in the UK for nearly 14 years (only 4 months before the threshold of 14 years. I will be required to apply for extension of my DL for another 3 years as I will not risk of being overstayed. My question now if the other DL will be approved for another 3 years, will we be able to apply to ILR on basis of 14 years long residence even if we have a valid visa for another 3 years? In other words, do the immigration laws allow applying to ILR when we have a valid visa?

Your advice is really appreciated, Thank you

[vinny]

Of course, you may apply for ILR when you have leave.  However, did you not ask for reconsideration on the basis of 10-year legal stay?

[decent_manchester]

vinny, on 03 May 2012 - 01:23 AM, said:

Of course, you may apply for ILR when you have leave.  However, did you not ask for reconsideration on the basis of 10-year legal stay?

Thanks Vinny for your quick reply
Actually I sought an advice from an immigration centre and they adviced me that I could not challenge the decison of the HO and I have to wait till we have completed the 14 years period. I was not really conviced of the advice. But I did not know what to do! I had my SAR file and found that I have a couple of little gaps in my visas. Can I ask now for reconsideration even we have the DL for more than 2 years?

Thank you once again

[vinny]

If you had gaps, then applying for ILR under 14-year long residence may be better than asking for reconsideration under 10-year long residence.