after Long Residency rejected - reconsider

Hi all..

I have just heard that I was rejected (news came in an hour ago..) (I'm really sad about it.), (10 year-long residency visa)
I think the home office letter arrived yesterday.. but anyways.

(my reason for rejection from the Home Office letter is only because in 2001 March, my visa expired, but at the time I was

15, and school had my visa, and was supposed to renew it for me.. (obviously they didn't...forgot or whatever..)

then I went home for summer holiday in July(without valid visa), then got another visa in July then came back to the UK..)(so there is like 3 months gap)

and clearly in my case, I was 15, a minor, it was out of my control...

I know decision can be reconsidered..
Can I ask, if there is a way to get hold of the person who dealt with my case, write a letter to him, then he changes the decision??
Can you call him? How long would it take to change a decision like this?????????????/
Does anybody have experience reconsideration cases? and the best way to go about it???


plss plsss, I really need you help!!
Thank you!!!

Under the UKBA's guidance, a short period (10 days) when a late application is made can be disregarded.

They can disregard longer periods:

It may be appropriate to use your judgement in cases where an applicant has submitted a single application more than 10 days out of time if there are extenuating reasons for this (e.g. postal strike, hospitalisation, administrative error on our part etc). This must be discussed with a Senior Caseworker.

However, I'm not sure that will really help you here. it's a discretion, and your period was a lot longer than 10 days.

avjones wrote:Under the UKBA's guidance, a short period (10 days) when a late application is made can be disregarded.

They can disregard longer periods:

It may be appropriate to use your judgement in cases where an applicant has submitted a single application more than 10 days out of time if there are extenuating reasons for this (e.g. postal strike, hospitalisation, administrative error on our part etc). This must be discussed with a Senior Caseworker.

However, I'm not sure that will really help you here. it's a discretion, and your period was a lot longer than 10 days.

ummmm, do you know if it's anyway possible to call the caseworker who handled my case? or contact the senior caseworker.

Or

How do you direct a reconsideration letter to the caseworker or senior caseworker?

I need to do everything I can in my part to change the decision, which I think is really unfair.

Thank you!!!

What is your visa status at present? When will your current visa expire?

Good wrote:What is your visa status at present? When will your current visa expire?

PSW visa, expires 2012 January

Let me get it right - the gap was between March and July 2001? Since July 2001, you've been here lawfully, no problems?

It seems to me that it's a better idea to wait until July 2011, your PSW is valid until then, anyway.

avjones wrote:Let me get it right - the gap was between March and July 2001? Since July 2001, you've been here lawfully, no problems?

It seems to me that it's a better idea to wait until July 2011, your PSW is valid until then, anyway.

yes the gap is between March 2001, to July 2001.

Yes I can apply next year you are right, but I would prefer to get it now, ask for a reconsideration, because then I can hopefully get it sooner, and plus I don't have to pay again.

But is it possible to write to a specific person for reconsideration??

thanks..

I don't know, sorry - that's a solicitor's question, I don't do the review type things.

I just don't think you come within the rule, though.

avjones wrote:I don't know, sorry - that's a solicitor's question, I don't do the review type things.

I just don't think you come within the rule, though.

I know what you mean.. I just think that in my case, they should exercise their discretion, since there was nothing I could have done that I was a minor, 15 year old, I was getting pocket money from my school then! didn't even have my own account..!....

k333 wrote:

avjones wrote:I don't know, sorry - that's a solicitor's question, I don't do the review type things.

I just don't think you come within the rule, though.

I know what you mean.. I just think that in my case, they should exercise their discretion, since there was nothing I could have done that I was a minor, 15 year old, I was getting pocket money from my school then! didn't even have my own account..!....

what do you think...?

Hi K333,

You really need to seek proper legal advice on this one.

I had a "gap" of about 30 days and the Home Office gave me a lot of grief due to the strict 10 year ILR rules. You have about 3 months gap so you need a brilliant solicitor that can request a reconsideration on your behalf and ask if your age can be taken into consideration, in addition to other personal circumstances.

The main issue in your case is that you left the UK without a valid visa so your residency may be considered broken and you havent demonstrated enough ties to the UK. However, as someone already sugested, you may be better off waiting until July to reapply. You are lucky the break/gap was much earlier on in the 10 year period. You may also want to apply for your SAR file so you know what infomation is held about you.

Imani wrote:Hi K333,

You really need to seek proper legal advice on this one.

I had a "gap" of about 30 days and the Home Office gave me a lot of grief due to the strict 10 year ILR rules. You have about 3 months gap so you need a brilliant solicitor that can request a reconsideration on your behalf and ask if your age can be taken into consideration, in addition to other personal circumstances.

The main issue in your case is that you left the UK without a valid visa so your residency may be considered broken and you havent demonstrated enough ties to the UK. However, as someone already sugested, you may be better off waiting until July to reapply. You are lucky the break/gap was much earlier on in the 10 year period. You may also want to apply for your SAR file so you know what infomation is held about you.

Thank you for your reply!! Yes I actually have the SAR file in front of me, a very recent one (but before they made the decision). Do you know what info I should be looking for??

And also how do you demostrate ties to the UK?? What things, can you give me a list??? I'm sure I have ties to the UK.

Thank you!!!

Hi K333,

You can spend hundreds of pounds in hiring a solicitor if you wish. HO will take months to re-consider your case- sometimes nearly a year. You will definitely be better off by waiting until July 2011 and then send your fresh application, in which case it will be a straightforward one. (Or alternatively go to your local MP and see if he can help you- which I am not sure in your case). No harm in trying though.

k333 wrote:

k333 wrote:

avjones wrote:I don't know, sorry - that's a solicitor's question, I don't do the review type things.

I just don't think you come within the rule, though.

I know what you mean.. I just think that in my case, they should exercise their discretion, since there was nothing I could have done that I was a minor, 15 year old, I was getting pocket money from my school then! didn't even have my own account..!....

what do you think...?

What do I think?

It's possible you could fight it. It would take ages, be expensive, and I just don't think you qualify. It doesn't really matter whose fault it was.

Or you could reapply in July 2011, which is likely to be a lot simpler.