lola56uk wrote:
Hello All.
First of all , lets me thank everyone for sharing their stories. Its has being a motivation from a "HOPE" point of view.
So let me share my Story.
I have been in the UK since 1985 ( aged 7). I applied for ILR initially in 2001 but it was declined in 2003 because the forms had changed when the HO decided to look at the application.
I submitted a new application in 2003 but it was declined in 2005 based on info provided by my uncle which stated I had left the country when he was extending his Visa. This was a great oversight from the UKBA has they had sufficient proof showing that I was still in the country. I was served with removal papers which were scrapped after appealing and provided evidence showing that Uncle was bitter from divorce from aunty.
Summary
• Detained December 2007 - January 2008.
• With help from MP whilst detained ; I submitted in January 2008 - An Application for ILR on compassionate grounds outside the immigration rules. As of 2012 - Still Awaiting a response.
I have now employed a very good legal representative , who have worked on some very high profile case including reversing the conviction which saw rapper Snoop Dogg bared from the country. (Expensive but worth every penny). They suggested I submit a new application to add pressure to UKBA covering 14 year till November 2007 before I was detained and before the death of the 14 year rule.
If i may use this forum to ensure that any one planning to submit an application to UKBA : Should ensure that their Application is Fully Vetted and Organised to the Highest standard.
Nb : Please note that i summarized my case in a nutshell. I had a drink drive conviction in 2004 but was told this will be disregarded because its more than 5 years old and there was no custodial sentence , it will be disregarded under some rehabilitation rule which I am not too sure of.
Below is an outline of latest UKBA application
• Application with Payment by card posted - 07/07/ 2012
• Confirmation received - 16/07/12
• Sent Life in the UK test , in addition a new payment by cheque with covering letter from bank stating new card was issued as old card had expired - 08/08/12
• Cheque for £991 cashed - 31/08/2012
I will keep you updated on progress . I have been reading in different post the right to a private life rule , can some please shed some light on this process.
So you have already have 2 application if read you post correctly one you submitted on January 2008 on compassionate ground and another on 07/07/2012 both for IRL. Is that right? and you want to submit another one? You have been in UK for 27 years is that correctly? Apart from what you mentioned do you have any other serious criminal convictions?
Is not necessary to submit third application for the same thing. One application is enough you energy should have been directed on choosing competent lawyer and put pressure on Home office plus familiarize yourself with immigration rules.
If a child has been in UK for 10 years they were provision for them to apply for IRL.
On new provision you can through 20 years rule. Read the info about private life below
But i think the best course of action for you is to chase your application already submitted.
You should use your local MP to contact home office on your behalf, writing to Ombudsman complaining about delays for your application and your lawyer writing to home office threaten Judiciary Review if they they continue with delays the first application it has been 4 years.
You can read more here about private and family life.
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf or below
PRIVATE LIFE
58.
The Immigration Rules will provide a basis on which a person without family life can remain in the UK through long residence and social integration in the UK
59.
Under the new rules, at least 20 years’ continuous residence in the UK, lawfully or unlawfully, will generally be required before a person can apply to start a 10 year route to settlement in the UK on the basis of the Article 8 right to respect for private life. Anything less than 20 years’ continuous residence will generally be insufficient to establish private life to the extent that it would be unlawful to remove the person from the UK. The criminality thresholds set out in the section below will apply.
60.
The Immigration Rules will provide that, for leave to remain on the basis of private life in the UK, the applicant must:
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have resided continuously in the UK for at least 20 years (discounting any period of imprisonment, in this and other cases); or
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be under the age of 18 years and have resided continuously in the UK for at least seven years; or
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be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK; or
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be aged 18 years or above, have resided continuously in the UK for less than 20 years but have no social, cultural or family ties with their country of origin.
61.
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