Advice needed--- Papers in Home office for 5 years

[kuki_sandhu2]

Hi All

I applied for Working Holiday Maker in 2002 which was refused. I appealed which was succesful in 2003. But the UK High Commission in India issued me a 6 Month visitor Visa by Mistake. I came to UK on that Visa in Aug 2003 and then submitted my application 3 days later to the Home office to correct their mistake. Home office accepted the application. Since then its status is pending. I enquired many times and every time their response is "pending". Now its More than 5 years. My question is am i eligible for ILR now as i have spend 5 years lawfully in UK and this is cause of Home Office's mistake.

Any advice will be much appreciated.

Regards

[Mr Rusty]

You must be joking.

5 years with an outstanding application doesn't qualify you for anything. And if your original intention was to spend 2 years in the UK as a Working Holidaymaker, you've spent more than enough time here. Working Holiday Visas are issued on the understanding that the holder will return to their own country when the 2 years is up. That must be what you or your representative told the appeal judge - or were you lying?

Ask the Home Office to give you back your passport and go home.

[Wanderer]

It's five years on work visa, ten on any visa, 14 on no visa/part no visa.

What you've done is overstayed a visit visa (six months) and possibly used deception to enter the UK since you knew it was issued in error. Ten year ban.

I agree with Mr Rusty, the OP is taking the piss.

[Mr Rusty]

If he submitted an application whilst he had leave I don't think he could be said to have overstayed - his leave would continue under the same conditions as it was granted until a decision was made. If the facts are as he has stated, then he has been here for 5 years under visitor conditions, so if he's taken any employment, it must be illegal.
I can't see he has any reason to feel hard done by. If the visa was wrongly issued, I can't believe he didn't realise that before he left India, as he went to the Home Office as soon as he arrived. His correct course would have been to ask the issuing office to amend it.
Now he's had more than double the length of stay which he had a right to expect. When a decision is made they'll either refuse him, or grant him a very short period to complete his stay. If he then applied again, he'd certainly be refused pretty quickly.
I truly believe that the smart thing to do would be to withdraw his application and leave the UK promptly. That way he avoids any question of overstay and there's no record of a refused application against him, so he'll have a clean record in case he wishes to apply for a visa in the future. If he's caught working here, he has, in the pungent phraseology I used to hear in Sheffield, sh*t his potfull.

[sakura]

Hi All

I applied for Working Holiday Maker in 2002 which was refused. I appealed which was succesful in 2003. But the UK High Commission in India issued me a 6 Month visitor Visa by Mistake. I came to UK on that Visa in Aug 2003 and then submitted my application 3 days later to the Home office to correct their mistake. Home office accepted the application. Since then its status is pending. I enquired many times and every time their response is "pending". Now its More than 5 years. My question is am i eligible for ILR now as i have spend 5 years lawfully in UK and this is cause of Home Office's mistake.

Any advice will be much appreciated.

Regards

You should have written to the High Commission that they gave you the wrong visa, instead of using it...

[jei2]

If he's caught working here, he has, in the pungent phraseology I used to hear in Sheffield, sh*t his potfull.

So that's what all my explanations have been missing!

Think I might have to learn a bit of Sheffieldian myself.

[drjabberwocky23]

Hi All

I applied for Working Holiday Maker in 2002 which was refused. I appealed which was succesful in 2003. But the UK High Commission in India issued me a 6 Month visitor Visa by Mistake. I came to UK on that Visa in Aug 2003 and then submitted my application 3 days later to the Home office to correct their mistake. Home office accepted the application. Since then its status is pending. I enquired many times and every time their response is "pending". Now its More than 5 years. My question is am i eligible for ILR now as i have spend 5 years lawfully in UK and this is cause of Home Office's mistake.

Any advice will be much appreciated.

Regards

You should have written to the High Commission that they gave you the wrong visa, instead of using it...

I agree.

Why did you (the Original Poster) enter the UK on an incorrect visa? Surely it would have made more sense to correct the mistake then and there, and avoid all this kerfuffle now?