I am a Zimbabwean national who has been legally resident in this country since 2002. My immediate family ie father, mother,brothers and sisters all live here and have attained citizenship status. i had just turned 18 when we moved here therefore i was not automatically eligible like my brothers and sisters. i however was on a student visa.
to cut a very long story short (please feel free to ask if you need me to clarify anything) an application to renew my student visa was rejected in 2009 because initially my bank statements were not in the correct format(although they had been stamped by a bank official -the law had just changed and i could no longer use my parents' statements as supporting evidence hence the rush to transfer funds into my own account and get stamped copies)..i re applied and it was consistently rejected thereafter..out of time blahh...
I claimed asylum and my troubles truly began! although twice i have been covered by the then country guidance case, (RN returnees zimbabwe) and HJ(iran) extended....my claim just has come up against a brick wall!! infact under HJ iRAN when i made further submissions, the HO conceded that i had a case which would otherwise be successful...but they suspended to make the decision till they had appealed. My lawyer argued that they were to apply the law as it stood then but whilst we were issuing them with a pre action letter to instigate a judicial review hearing and force them to make a decision based on the HJ guidelines they won their appeal and based on this (four months later) my case has been thrown out.
I am tired of the long drawn out battle and my query really is now that i have completed my studies can i leave the UK and reapply for entry clearance elsewhere? ie would i be allowed to come back as a work permit holder or will the ten year banning rule apply to me? will they release my travel documents if i am not going to zimbabwe? i have family in SA and there is a history of failed asylum seekers having problems in re entering zimbabwe ie being detained, beaten even disappearing i therefore have no intention of going back to zimbabwe but maybe to a neighbouring country...would that work? the HO has it on record that the rest of my extended family is now based in South Africa.
with regards to family ties they have argued that these are not strong as i am an adult but my parents have been paying for my education in this country and also bills ..i however did not present the evidence as i was told that it was not very crucial..would it have helped? anyone know of a similar case?
although my letter advises me to leave it does not state when....when do i become an overstayer? i do not want this to happen as i believe i have reasonable career prospects maybe here maybe elsewhere i just do not want an adverse immigration history..or maybe i already have one
?!? please help