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Do I have Compassionate grounds? NEED PROMPT EXPERTS ADVICE

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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s_afrose
Newly Registered
Posts: 4
Joined: Mon Jan 25, 2010 3:42 pm
Location: London UK

Do I have Compassionate grounds? NEED PROMPT EXPERTS ADVICE

Post by s_afrose » Tue Jan 26, 2010 5:22 pm

Thanks for your reply. I think I would want to explain my situation in detail.
I've already told that I first came to Uk in 1994 as 14 years old child along with my parents on visitors visa,went to school,then for further education and thereafter my Bachelors degree from London UK.

Though in september 2003 I went to Pakistan for relationship purposes while I was in my first year of BSc. and hadn't finished yet , got married there in Pakistan as I wasn't British but my former spouse was British who sponsored me and it took 9 months for the application of spouse visa to be decided in Islamabad, Pakistan.

The reason why it took long to decide my spouse visa application in Islam abad in 2003 was because British embassy was closed for sometime due to political instability there at that time and once it reopened they had massive backlog and thats how the application which otherwise could have been decided in 3-6 months took 9 months.

I arrived back in UK on 13th June 2004 with entry clearance as spouse valid for two years until 25th May 2006. Unfortunately my marriage broke down soon and decree absolute was issued by Uxbridge county court on 20 December 2005, though me and my ex were separated in two weeks after I joined him in Aug 2006 because he never accepted me as his wife and asked me to leave.

Therefore before the expiry of spouse visa, I returned back to Pakistan to get entry clearance as student on 5th sept 2006 valid until 31st oct 2007 to finish my bachelors degree that I commenced before my marriage.

I entered UK as student on 3rd Oct 2006 and thereafter on 27th oct 2007 was granted with FLR until 31st Jan 2009 to complete my bachelor of Science.

Now once again before my student visa would have expired on 31st Jan 2009, I visited an immigration advisor on 2nd Oct 2008 to seek guidance on HSMP application because I knew I had points for age, only until 31st Oct 2009 which was my birthday, and qualifications but was unsure if I was eligible for earning points. He calculated my earning points and CONFIRMED me that I just met the condition.

Shortly after that he disappeared and after several attempts of enquiry I was informed by office reception that he had to travel abroad in emergency and will return in January 2009. He missed the vital deadline in my case and after expressing my doubts to him when he returned back he revealed that I was lacking 5 points for earnings that he only worked out later.

He then asked for some more time in order to prepare alternative route for me and came up with an option of PSW Visa without realising that the requirement was that the applicant has to have £800 maintenance funds for last three months from the application date. As predicted PSW was rejected from the same day service due to my bank balance not meeting the eligibility criteria, though it could have worked out for me if we had planned for this application well before,possibly back in oct 2008.

Two of these failed attempts had narrowed down the available options for me to pursue a settlement in the UK. But because I was fully trapped by his constant assurances that he would sort everything out and had paid him £3150 for his professional services, I had no choice but to rely on his advice.

Finally he came up with his third WAY FORWARD that he would file an ILR in UK on the grounds of long residency in UK i.e. 15 years. He advised me this when I was only left with two days before the expiry of my student visa and finally we submitted this application on 30th Jan 2009.

Unfortunately on 28th sept 2009, UKBA served us with "notice of immigration decision" that my variation of leave to remain has been refused, the major reason of which was that it was NOT a continuous residency as I had spent more than 90 days out of UK in 2003 "at one single instance for my marriage" which was made very clear to him prior to the application by me.

I had been given the right of appeal as I made an in time application.I had ten business days to the 12th of oct 2009 to lodge my notice of appeal. I made an appointment to come to his office on 6th of oct 2009 so that I could check, sign and date the notice of appeal. I visited his office on the above date, checked the appeal notice, signed and dated the notice of appeal and handed it over to him. I also took a photocopy of this form with me before leaving his office. He promised me that he would FAX and POST this notice of appeal to AIT immediately and used the words "THERE AND THEN".

On 2nd Nov 2009, I received "notice of late appeal decision" by AIT, the contents of which were that the notice of appeal was not received by the tribunal until 14th oct 2009, two days after the deadline and only by post, AIT confirmed me that no fax had been received by him.

I spoke to my solicitor regarding this matter but he clearly said and wrote to AIT that he faxed and posted the form by Recorded delivery, though upon request he provided me with neither recorded delivery receipt nor transmission report of fax as evidence that the notice of appeal was sent on the day 6th oct 2009 and said he couldn't find them.

As a consequence, I lost my right to appeal against the decision of AIT. One serious aftermath of this negligence of his resulted in the dismissal of my job because now I was no more eligible to work in UK as my case at AIT was closed.

Due to my case becoming very complicated, my life has been affected by many other entities and I believe the quality of my life has been seriously damaged.

I have already made an official complaint about this solicitor and now waiting for his reply, in the mean time my new legal rep. has written Judicial review pre action protocol letter to AIT and JRMU (UKBA) on 10th Dec 2009 and gave them 28 business days to reply which we haven't received yet.

I don't know where am I standing right now? All my family is very well settled here in UK and my brother and sisters are themselves British citizens and have children who were born in UK. I have strong connections in UK, a personal history, associations and employment record, domestic circumstances, no previous criminal record or offence.

I strongly feel there are exacerbating compassionate circumstances to give consideration to my case in relation to my upbringing in the UK, my studies in UK, my continuous employment and contribution to taxes my marriage to UK citizen.

I should not reasonably be expected to return to Pakistan as all my family is settled here and have NOBODY in Pakistan. The only longest period I spent there was in 2003 when I got married and WAITED WITH HOPE FOR 9 MONTHS to be granted with spouse visa and stayed there with my Uncle( Dad's friend). Obviously I didn't know what will happen in my future. I didn't stay in Pakistan as a "resourceful citizen" of that country. Neither I know the culture and system of Pakistan that I can be expected to start a new life there. It will be a serious breach of Article 8 Human rights act in my opinion, someone who came as a minor, has spent her formative years in UK as a useful devoting citizen and spent most of her life here would be told "you have no right to live here."

PLEASE REVERT BACK AS A MATTER OF UTMOST URGENCY TO ADVICE WHAT SHOULD BE DONE IN THESE CIRCUMSTANCES. I WOULD MUCH APPRECIATE EXPERTS OPINION IN THIS MATTER. THANKS

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