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10 YEAR RULE
Posted: Fri Dec 09, 2011 12:40 pm
by tara2902
I HAVE A QUESTION BEEN IN THE UK FOR TEN YEARS. I FIRST WAS GRANTED A STUDENT VISA IN 2004 BECAUSE THEY WERE TAKING LONG WITH THE APPLICATION. SECONDLY IN 2005 MY APPLICATION WAS REFUSED BECAUSE I WAS WORKING 23.5 HOURS OVER THE 2O HOUR THRESHOLD. IT WENT TO COURT I WON THE APPEAL. I HAVE SENT OFF MY APPLICATION SINCE 2006 APPLYING FOR STUDENT VISA AGAIN AND STILL HAVEN'T HEARD FROM THEM. I CALLED THEM IN AUGUST 2011 AND THEY SAID IT IS STILL PENDING. I AM STILL A STUDENT. WILL I BE ABLE TO APPLY UNDER THE TEN YEAR RULE. OR BECAUSE OF THE PREVIOUS BREACH WILL THAT AFFECT ME, ALSO BECAUSE THEY HAVE MY PASSPORT AND I HAVE NOT ACTUAL GOT ANY VISA SINCE 2005 WILL THAT BE A PROBLEM? LET ME KNOW THANKS
Posted: Fri Dec 09, 2011 1:10 pm
by Casa
How can this take 5+ years to decide? Contact your MP for their help in moving this forward.
Posted: Fri Dec 09, 2011 3:27 pm
by John
tara2902, why did you post in block capitals? On the internet that is equivalent to shouting, and on this board such postings are liable to be deleted without warning.
ALSO BECAUSE THEY HAVE MY PASSPORT AND I HAVE NOT ACTUAL GOT ANY VISA SINCE 2005
When you last applied, at that time did you have a valid in-date visa? If the answer to that is "yes", then it is not true to say that you do not have any visa. That is, you would have "Section 3C protection" and the visa that was still valid when you last applied is "treated as continuing", even though its stated expiry date has long since passed. You are not an overstayer.
Conversely if your last visa had already expired when you last applied, you do not have "Section 3C Protection" and have been an overstayer for years.
The comment above by Casa, I totally agree. You need to contact the MP for the area in which you live.
RESPONSE TO YOUR QUESTION
Posted: Sun Dec 11, 2011 10:49 am
by tara2902
I had a visa in 2005 when the visa expired I re-applied and then then visa was denied, they gave me 28 days to leave the country. I consulted a solicitor and it went to a tribunal, the judge allowed the appeal. I then re-applied for a visa in Dec 2005 and I have not heard from them since. I rang them up in August of this year and they told me that it is still pending, and if I want my passport back I should write to the Sheffield office.
Posted: Sun Dec 11, 2011 12:03 pm
by John
Definitely contact your MP!