Hi All,
I need some advice on what visa i can apply for from a student visa.
Historical Facts:
My Mother came to UK in 2001 on a work permit visa.
In May 2005, she brought me into UK on a Visitors visa of 6 months.
I was 12 years old by then.
I stayed for 3 months and in August 2005, she applied to vary my visa from visitors to dependant visa/leave to remain as a depedant child.
The reason was due to change of circumstances.
The Home Office requested for reasons to the change in circumstances and they were sent in October 2005.
In November 2005, the Home Office replied back with a REFUSAL TO VARY LEAVE
Paragraph 199 with reference to 197(vii) of HC 395 ( as amended)
it said the reason was because: " Do not have a particular immigration document (section 88(2)(b) ).
The decision was appealed in December 2005 through a solicitor.
The case was handled by the solicitor and all communication from the Home Office was sent to the Solicitor
My mother did not hear from the Home Office until July 2008.
During the period from July 2005, I was enrolled into school in UK until July 2011.
In July 2008, the Home Office sent a letter to my mother directly apologising for the delay in dealing with the request to reconsider my application.
it said much of the delay had been as a result for them being unable to contact my solicitor who was acting as my representative at the time of the application.
The letter said " I have reviewed the circumstances of XXXXXX(myself) 's application and the care arrangements in xxxx(Home Country) have now taken into consideration.
-Could you please confirm that still act as the sponsor in this application and also provide the following documents for XXXXX(myself): - current passport, 2 passport sized photographs, details of schooling that was arranged at submission of the original application, the current address of this person.".
On receipt of this letter, my mother tried to get in touch with the solicitor as he had all the documentations that is; the passport,the original support documents.
When my mother got in touch my the solicitor (XX/08/2008), she was informed that the documents had got lost during a change of office premises.
She was advised to report to the police and apply for me a new passport.
The process of obtaining the new documents took 6 months (XX/02/2009) then they were sent off to the Home Office.
She did not hear from the Home Office and could not establish contact with the solicitor ( it was now Dec 2009).
She got so frustrated and didn't know what to do so after a while she decided to do it herself and made a fresh application for indefinite leave to remain on my behalf( xx/09/2010).
The Home Office replied back (xx/11/2010) with a refusal.
it stated that i did not have limited leave to enter or remain in the UK at the time of application and the application failed to meet the requirements of Paragraph 298 (ii). therefore it didn't satisfy the requirements of the immigration rules for this category.
She appealed the decision using a new solicitor ( xx/12/2010).
The Home Office replied (xx/08/2011) maintaining the same refusal decision.
It advised my mother that i should leave the country and that my passport would be picked up at the airport ( this was still school summer holiday break)
On xx/09/2011, my mother returned me back to my home country directly to a boarding school as i had no one to stay with.
I stayed in the boarding school but could not cope so she was advised that the best way was to get me back to UK and the quickest way was the expense option of applying as a student.
She applied for me as an international student in a university and i get a three year visa as the course was a three year course.
Arrived back in UK (xx/02/2013) as a student and have been studying my degree course which i finished in Jan 2016.
My visa expires in May 2016.
I need ADVISE as to how to proceed to apply for leave to remain since i'm now old enough to do it myself although i'm still fully funded( sponsored) by my mother who is a settled British citizen.
I would like to do it before my leave expires to avoid the problems my mother encountered (of my expired leave) at the time.
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