I came to the UK in Dec 1999 and received a 6 months visiting visa. Before it expired, I applied as a student and was given 13 months extension, that expired in August 2001. During that time I met my husband and became pregnant. I also lost my passport and my visa expired. Honestly, i did not understand the implications of overstaying then, the college that I was attending closed and my husband and I intended on getting married. During that time my husband sponsored my son to come to the UK and he was given a 6 months visa. I had my baby and got married in March 2002. We waited until May when my son was in the last 28 days of his 6 months visa expiring to apply on the basis of my marriage (which ment that i overstayed for 9 months).
Our application took 3 years to process and in in May of 2005, my son and I received discretionary leave to remain until May 2008. We went to a lawyer a few months before this expired and he informed us that because our situation is basically the same; as long as we make an application before our currently leave expired, we could do this ourself. We contacted the home office in May 2008, explained our situation and what leave we had and ask for them to send us the appropriate form. They sent us DPHL, when we received this my son phone the home office to double check and was told that that was the form to extend it because we already had discretionary leave to remain. We filled the application and sent it off.
That was 2 years ago, this coming May. I have not receive a acknowledgement or a single correspondence. I phone them more than 6 times. At first they said I had to wait 14 weeks, then the other times all they keep telling me is that it is still awaiting consideration. So last month my son telephoned them and they told him the same thing. He then said to me that they couldn't find us on the system by our ref. number or our personal detail, they asked for the royal mail ref. number, had to go check and come back with that explanation and if that was what they did every time I call. I told him yes. So he said something seem to be wrong.
Here is where we are at now and was wondering if anyone have any advise. We went to see a lawyer and she told us that we filled in the wrong form. She has decided to take on our case and said she is going to write to the home office to see exactly whats happening.
Currently I am still working. My eldest some is in University going a Degree and my other son who has a british passport and is 8 is currently in school. He is constantly sad because I have 5 other brother's and sisters and tons of niece and nephews; we are very family orientated and have been numerous holidays when we had leave to remain and for the last 2 year all of that has stopped and my little one can't seem to understand why. Even this past easter holidays his cousins went to disneyland but he didn't want to go because me or his brother couldn't go with him.
Here are my questions:
Can a application that was submitted on the wrong form be 'waiting further consideration' and if not why have the not send it back.
After 2 years and them telling me that our application is in consideration, can the home office turn around and say sorry u used the wrong form and refuse us?
My son is terrified that he will not be able to continue his degree, after he had invested so much into doing it he worked and save to pay the Uni fees and I'm now supporting him ( we had no financial assistance), now he's worried it all for nothing and they are going to root us up and send us back. Are we just holding our false hope?
Our solicitor seems to think that because they took so long, we have family life and my son has commitments here (i.e. the degree), she is going to ask them to consider giving us ILF instead of another discretionary leave to remain. Is that even possible?
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