ILR 10year Refused, Any Advice Welcome

[jude1]

I have had my application refused because:

On application for extension of Student Visa in 2001, my passport got lost and it was not until 2006 that the HO adviced that I needed too get a replacement passport.

I then applied for ILR based on the 10year rule. The HO refused on the basis that I have been here illegaly since my passport went missing which is no fault of my own.

I have been give right to appeal. Do I need a solicitor and if so can any of you have experience on such matter.

Please, Please, i need hel!!

[avjones]

Hi - I'm not clear what has happened in your case. Can you explain?

When did you come to the UK? What was your visa status? What have you been doing since 2001, did they ever make a decision on your application? Have you made any other applications?

[jude1]

I came to the UK in 1996 as a student.

Since 2001 I have finished my studies and worked. I have corr. with the HO informing them that my passport was still with them. I then lodged a complaint in 2006. Thats when HO adviced that passport is indeed missing and so I should lodge a new application.

[sakura]

I have had my application refused because:

On application for extension of Student Visa in 2001, my passport got lost and it was not until 2006 that the HO adviced that I needed too get a replacement passport.

I then applied for ILR based on the 10year rule. The HO refused on the basis that I have been here illegaly since my passport went missing which is no fault of my own.

I have been give right to appeal. Do I need a solicitor and if so can any of you have experience on such matter.

Please, Please, i need hel!!

So for five years you didn't have a passport or anything from the HO. Did you submit the passport to the HO and THEY lost it? Yet you received nothing from them? What country are you from? (And all the other questions avjones asked you).

[jude1]

I have had my application refused because:

On application for extension of Student Visa in 2001, my passport got lost and it was not until 2006 that the HO adviced that I needed too get a replacement passport.

I then applied for ILR based on the 10year rule. The HO refused on the basis that I have been here illegaly since my passport went missing which is no fault of my own.

I have been give right to appeal. Do I need a solicitor and if so can any of you have experience on such matter.

Please, Please, i need hel!!

So for five years you didn't have a passport or anything from the HO. Did you submit the passport to the HO and THEY lost it? Yet you received nothing from them? What country are you from? (And all the other questions avjones asked you).

Yes that's right, for five years nothing. They lost it.

[OL7MAX]

<sigh>

Did you miss this bit?

And all the other questions avjones asked you

[avjones]

So, just to make sure I've got it right, you last made an application for leave in 2001. Nothing was heard for ages, and the HO lost your passport. What happened in 2006 when they told you they'd lost it? Did you make any new application, or what?

It's hard to see you have been here legally 10 years. Leave continues until the Home Office makes a decision, on the same basis as before. But you were in breach of that leave, as you weren't still a student.

OTOH, the Home Office's behaviour stinks!

[jude1]

So, just to make sure I've got it right, you last made an application for leave in 2001. Nothing was heard for ages, and the HO lost your passport. What happened in 2006 when they told you they'd lost it? Did you make any new application, or what?

It's hard to see you have been here legally 10 years. Leave continues until the Home Office makes a decision, on the same basis as before. But you were in breach of that leave, as you weren't still a student.

OTOH, the Home Office's behaviour stinks!

I applied to my embassy imm. for a new pasport and theron applied for the ILR. Apparently the application for leave to remain was rejected in 2001( not aware until refusal documents came in yest). My correspondence with the HO did not yield anything then they adviced me to lodge a fresh application as a student in 2003.

[jude1]

Avejone, thanks for showing interest in my difficult case.

[VictoriaS]

... then they adviced me to lodge a fresh application as a student in 2003.

And did you do this?

Victoria

[jude1]

... then they adviced me to lodge a fresh application as a student in 2003.

And did you do this?

Victoria

I wrote back imm stating that documents and passport have not been sent back. So I did not lodge the application at that point cos did not have esp my passport.

[VictoriaS]

Then I think you are stuck. Not having a passport is not an excuse for becoming an overstayer, and I think that it is likely that you haven't been in the UK for 10 years.

Did you call my office earlier? If so, then my advice then was to get the Home Office file and see exactly what has happened. You won't know if you have a case until you get this.

Victoria

[jude1]

Then I think you are stuck. Not having a passport is not an excuse for becoming an overstayer, and I think that it is likely that you haven't been in the UK for 10 years.

Did you call my office earlier? If so, then my advice then was to get the Home Office file and see exactly what has happened. You won't know if you have a case until you get this.

Victoria

Yes I spoke to you earlier.

My argument is that the HO lost my pp and that delayed in lodging an application.

Are you suggesting I have no case hence not worth appealin. If so have I got any other options?

Thanks

[VictoriaS]

I would liek to see the paperwork, but as I said, just because you didn't have a passport you still should have made an application, especially as a) in 2003 they told you to do this b) in 2006 they confirmed that your passport was lost. Also, you have been working, which would have been a breach even if they had approved the student extension.

What are you working as? Is there any scope for a work permit? Are you in a relationship with a UK national?

Victoria

[jude1]

Am a Qualified Accountant with strong family ties in the UK.