I would like you to express your expert opinion on my friend’s current immigration situation.
Can he apply for 10 years long stay category? Or any other options, like, he apply for permanent stay in the UK? Or any suggestions to get a solution.
His mother is very seriously ill in back home, is it any way (other than withdraw her application and go for ever) he can go to see her ?
His passport is still with home office since 7th Sep, 2006, last latter he received from home office was in Jan 2009.
My friend contacted his MP in March 2008 and his MP got replied from Home Office in April 2008 as under:
Mr X (Applicant) applied for student visa on 2002, 2003 and 2004 and visa was granted him till Feb 2005.
His application in Feb 2005 for extension was refused on April 2005, He was granted a high court review in June 2005. His appeal was dismissed on 5th December 2005.
Mr X (applicant) requested a review of the decision as he not received correspondence from the Home office. This was not reconsidered in our letter of June 2006 in view of the fact that all correspondence was addressed c/o (Care of) Mr Y (friends of Mr X) as he (Mr X) had specified in his application.
Mr X made fresh new application for leave as a student on September 2006. His application was refused on June 2007. Mr X requested a further review of the decision to refuse on July 2007.
The review of the decision is still outstanding. We will only take a case out of turn in very limited circumstances. These are where the case has been seriously mishandled (i.e. the decision has been served incorrectly or is factually inaccurate); where there is new information which has not previously been considered and which will materially affect the decision); or where there are compelling compassionate circumstances. In MR X’s case none of the above factors apply and no reasons have been put forward that would justify proceeding with his case ahead others.
After some time he contacted his MP again in Dec 2008 and get another reply from home office in Jan 2009 as follows:
Mr X ‘s case is now with the relevant team awaiting consideration. Once a decision has been made on his case we shall contact his representative with the outcome. We can not give you precise date but endeavour to reach a decision as soon as circumstances permit.
_________________________End of Home office letter ___________________________________
Brief case history:
His case was very mess due to postal problem and his solicitor’s inefficiency. Case was opened twice in court. I am trying my best to describe his case as follows:
He arrived in the UK in 7th January 2001 on student visa. He extended his student visa till 28 Feb 2005. When he applied for another extension in 2005 home office refused his application on the basis of not providing required documents.
(Before the refusal, The home office sent a letter to his correspondent person (a friend) to provide original bank statement (while original bank statement was submitted with the application). This letter had not been received by his correspondent person on time so he can not provide the document within time limit so home office refused his visa application on this ground.)
He wanted to review his application and he went home office personally and got advice to send it to given address. By mistake his review application was submitted in the AIT. As appeal form was sent him with refusal.
When he received appeal hearing from court he went to a solicitor to deal with the matter. Solicitor worked on his case and end up with appeal disallowed (by some court/solicitor mistake two cases was opened in court record and solicitor was submitting documents according to the due date of one case while court made decision on another case in which required document was not submitted in timely manner. This mess up end up with a refusal.
Solicitor advised him for high court review on 15 June 2005 and was refused again on December 2005. Solicitor failed to present his right situation regarding not receiving his 1st correspondence by his friend. He was insisted that applicant did not received home office letter to provide bank statement and home office said that applicant gave his friends name in his application so we sent letter to his friends address.( while solicitor should stand on ‘ even his friend did not receive home office letter in time in order to reply it with in time limit of 28 days).
During this all above process my friends took admission September 2005/2006 in University of Derby and finished his master degree March 2007. He sent his new application with the documents and passport to the home office during studies in September 2006 for new student visa with letter from his university confirming him as student and course. In April 2007 my friend took admission in another Master Degree course for the duration of 18 months. In May 2007 the home office sent him a letter to report in some place for deportation within 14 days. My friend’s lawyer contacted the home office, the home office wrote back not to report any more to the home office for deportation. And the home office told his solicitor they will take a decision on due course.
He has to change solicitor, new solicitor sent his update to home office and requested to review the decision on additional documents. Home office replied him to wait till his number come up.
After finish master degree my friends took admission in another college as he has to live in the UK as a student until home office take decisions on his case.
His passport is still with the home office since September 2006 (Which expired 5th June 2010) so he is unable to apply for jobs in absence of his passport and even can’t travel to his home country. He really needs a good advice (Especially from John) to solve the mystery.
Thanks and regards.
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