gosh this is a complicated case. It is definately not straightforward.lucy lee wrote:I first came to the UK on 15th December 2000 under a 3 year student visa. I continued to study and successfully renew my visa under student visa until I finished university in February 2008 after which I applied for visa extention under IGS which was successfully granted until June 2009. On 8th June 2009 I appled for extention under the Post Study work visa and my application was refused on June 26th 2009 because I did not have sufficient funds in support of my application.
I appealed the decision and my appeal was refused. I appealed again and this appeal was also refused and deemed out of time by 3 days. I made a further appeal to the high court and also submitted a fresh Tier 1 application at the same time. My application was returned as not valid because I had an appeal at the high court. I then went to see a lawyer who advised me to withdraw my appeal and submit another application. I contacted the high court who informed me it was too late to withdraw my appeal as it was already with a judge. A decision was reached on my appeal and again it was refused and also deemed out of time. I then with the help of a lawyer submitted a fresh application under Tier 1 which was granted for a year from March 2010 until March 2011 as I had already been previously granted a year under IGS.
As my visa is about to expire in March 2011, I would like to make an application for settlement (long residence) using Form Set O having been in the UK for just over 10 years now.
I wanted to confirm that if I qualify to do so and if it is a straight forward application or there are underlying issues I need to consider/address before I send my application. On both occasions that my appeal was delayed,it has been under 10 days and was because of my previous solicitor.
The form does not request that I send any additional information apart from my passport. and a document showing I passed the Life in the UK test.I plan on including a letter explaining the delays in my appeals but would like some advice on what other documents I should include with my application.
Many thanks for all advice I will recieve.
So when you applied for PSW visa did you apply 3 days out of time? If you did, how did you get appeal rights?
When you lost the high court case, did you stil have section 3C leave? (ie. was your previous leave automaticaly carried forward?)
When you lost your court case, did the judge or anyone give you a time frame to submit a new application?
Even if you are eligible, I think you need to use a good solicitor. You cant just submit your passport and expect ot be granted as you will appear to have a huge gap of around ayear. So a solicitor can argue your case for you.
Also I suggest you order you SAR file (http://www.ukba.homeoffice.gov.uk/navig ... onal-data/) this file is all the data that the UKBA has on you. You can use this to prove your case. but you should note that caseworkers will not trawl through the database for you. You need to send in the evidence you find from your file with your application.
