ILR Refused

I've read some great advice on this board and hope I can get some answers.

I'm a 21 year old final year university student. I came to UK in August 2000 on a student visa and have been renewing it since then. I applied for ILR this year in August and it was unsuccessful.

Reason being was that when I renewed my visa, they received my application late on three occasion. This happened in 2002, 2004 and 2007. In 2002 and 2004, I was a child and my legal guardian filled the application form back then, and even though he posted it before the visa expired, they received it 3-5 days later on both occasions.

In 2007, I was 18 years old and took the responsibility of completing the form for the first time. I submitted the form before my visa expired however by mistake, didn't tick one box. The Home Office sent the form back and asked me to complete the page with red marking which I did and sent it back ASAP. The visa was expiring in Oct 2007 and due my unintentional mistake, they sent it back to me late November, I sent it back as soon as completing it and they received the application in December 2007.

Based on these three occasions, they have refused my application for the ILR. I'm still on Student Visa till November 2012. The case worker hasn't given me the chance to appeal but an option to ask them to reconsider.

I have no idea what to do, I have obeyed every rule and because of those three occasions, they say I have stayed in the country unlawfully and therefore refused my application. However they were unintentional mistakes.

My guardian is now over 70 years old and suffers from dementia which is progressing slowly. I'm his right hand through his hard times, and would not be able to look after him after my studies, and I feel very disappointed in myself for not being able to after he has done so much for me. I have also got a lot to offer to this country and I have never broken any other rules, in regards to working more than allocated time limit and claiming benefits.

If anyone can advice me on what to do then I would be ever so grateful.

You don't have a right of appeal, because the decision hasn't resulted in your not having leave to remain.

As far as the gaps are concerned, on the strict letter of the law, you have a problem.

So should you write and ask for a reconsideration, I'd include explanations of the gaps, and a letter from your guardian, if possible.

Thank You avjones for your advice. Would it be a strong case if I mention that my guardian is a doctor, well retired GP now, and maybe even get a Barrister to support my application?

It can't hurt, but it will be up to the caseworker's discretion.

when you applied initially did you write to HO explaining about the gaps?

Hi sun75, No I didn't as I wasn't even aware that this matter existed. I applied through a solicitor and the solicitor is very doubtful that they will consider my application. It's kind of heart breaking and stressful and I don't know what steps to take for future.

I did a fair bit of research and I can apply for post study work visa, but that wouldn't count towards ILR. Tier 1 and 2 (General) do count towards ILR but I'll have to stay for 5 years on those visa but I don't have enough points for Tier 1 (general )and it will be hard to get a sponsor for tier 2 in this tough economic climate.

The only think I can think of doing is after graduating in 2011, I take another 3 year course which would take me to 2014, and then maybe I could apply for ILR under 14 years which considers unlawful resident applicants. (in my case it is less than 2 months over the 10 year period). Well this my thought but I don't even know if I would be eligible for the 14 year criteria.

I'm open to all advice and therefore I would greatly appreciate your positive comments.