Home Office Fault but im the victim!

[haged]

i was student in UK between 2008 and 2009. i applied for visa to renew it in march 2009. I didnt get any response from HO and i decided to go back to my country in november 2009. between march and november 2009,i called HO lots of time to get any answer for my application,they always said my appliation had been under decision. in november 2009 i did send a letter to HO to cancel my app. and to get my passport back but they didnt send anything.when i left from Heathrow the officer signed the form IS151A and gave me,he said my passport had send me in June 2009 so i was illegal in Uk after March 2009 and there was not any evidence to show that i had tried to keep in touch with HO about my visa application....it was ridiculous cz i called HO lots of time even i send them a letter to cancel my application...
anyway now my status is probably overstayer and im banned 1 year or 10 year and probably i may not get visa to UK in the future even it was HO fault....

so what should i do to change this circumstance and how to proove im not overstayed ?

[geriatrix]

in november 2009 i did send a letter to HO to cancel my app. and to get my passport back but they didnt send anything.

How did you travel without your passport?


regards

[haged]

i took a travel document which shows my passport was in HO ,from my embassy in london

[Obie]

I am not convinced you will be barred for 10 years. In fact i think you might be banned for one year maximum.

If your overstayed was 28 days or under, assuming the HO signed this form on the day you left, i assume that was the case, then you can apply anytime for entry clearance, and you will be fine.

If it is alleged that it was for more than 28 days, then you will have to wait for 12 months.

If you disagree with the content of the IS151A or the IO assertion , you should have appealed against this decision from your home country. You have a right to do this, as would have been explained on part 2 of IS151A

[haged]

it happened about 13 months ago ,and i would like to apply for a visa to visit my friends for two weeks in February 2011.so is there any way to get some evidance to add my application to appeal against IS151A ?

by the way wat u mean part 2
cz i have only that document

http://img691.imageshack.us/img691/1481/ss1sscopy.jpg



cheers...

[Obie]

This link explains the process. There is a 2 part of the form you were issued, detailing your right of appeal. You are supposed to have been provided with this.

A family visitor visa would carry a right of appeal, but visiting a friend will not carry one. I am not sure they will refuse you on grounds of the overstay, if you meet the exemption conditions. However if they refuse, you will have no right of appeal.

It is important that you find out, why you were refused, and apply under the FOI act for a copy of your file. Then you will be in a better position of knowing how to deal with things, and how to proceed and deal with any visa question or issues that may arise.

[haged]

It is important that you find out, why you were refused, and apply under the FOI act for a copy of your file. Then you will be in a better position of knowing how to deal with things, and how to proceed and deal with any visa question or issues that may arise.

Hi again,
thanks for ur reply ,
i applied for SAR and i recieved Docs from HO.
they refused me because i wasnt student when i applied visa....but in Docs it shows my course started before application and i was student at the course ...
i dont get how they couldnt see the fisrt of course date from the school paper?!?!?!?!??
so with this new situation,if i apply again do they refuse me because of overstaying?
cheers...