HO lost my files, they have no records of me, please advise

venski · Post by **venski** » Thu Sep 21, 2006 7:03 pm

Hello,
I called HO for some info on my case and they have no data of me at all! I applied for asylum in 1996 , had an interview in 1998 and nothing since! Now they want me to send them a letter with my name, DOB and HO ref number! What could I expect to come out of all this! Any advice will be greatly appreciated! Thank you in advance!

Jeff Albright · Post by **Jeff Albright** » Thu Sep 21, 2006 10:37 pm

venski wrote:Hello,
I called HO for some info on my case and they have no data of me at all! I applied for asylum in 1996 , had an interview in 1998 and nothing since! Now they want me to send them a letter with my name, DOB and HO ref number! What could I expect to come out of all this! Any advice will be greatly appreciated! Thank you in advance!

Here is another interesting case!

IND had lost many files during re-organisation of several units into Integrated Casework Directorate in 1998-1999.
I give you one tip - do not send them anything as yet.
First get a copy of your file - write to Subject Access Bureau with your HO ref number, date of birth, etc. Don't forget to send a cheque for £10. Refer to instructions on IND website how to do that.
Once you have received a copy of your file, see what is in there.
Let us know what you will find, feel free to send private message to me. I was in the similar situation like yours.
One thing to say - if they have LOST your documents including your Asylum Interview details, you have a good chance of applying to remain in this country on the basis of your long residence (10 years of lawful residence 1996-2006)

Good luck!

Jeff Albright · Post by **Jeff Albright** » Thu Sep 21, 2006 11:25 pm

Just a couple of more things to clarify.

- When did you arrive in the UK? Did you come here legally? What was your status up until you applied for asylum in 1996?
- Do you have copies of any documents issued by IND (ARC - Application Registration Card, copies of IS126)?
- Do you have HO ref number? When you called, did you give it to them? if you did, did they say that they had no record of your HO ref number or of your applications/documents?

Cheers

Jeff

venski · Post by **venski** » Fri Sep 22, 2006 5:43 am

Hi Jeff,
Thank you for your advice and I really appreciate it! I arrived in UK on 01/05/96 and applied for asylum on 30/10/96. I have copies of all documents from the HO and a reref number! I gave it to them and they could not find anything, as if I have never existed! Before I applied for asylum I was here legaly as a student working on a farm with 6 months visa! Thank you for your time and help!

Jeff Albright · Post by **Jeff Albright** » Fri Sep 22, 2006 11:03 am

Venski,

Thank you for reply.
It appears as if you have been in the UK for 10 years legally now.

So what you have to do now:

- Get a copy of your file from SAB.
- At home find copies of all the documents showing evidence of dealings with the Home Office in the past. Keep them securely, do not give away under any circumstances, only send away copies.
- Look through your Home Office file and compare what they have against what you have.
- Download SET(O) form from the IND website
- Fill it in. There is a paragraph where you will need to give them your full immigration history and reasons for settlement.

Write them a separate letter emphasizing the following:

- You have arrived as a student on 1st May 1996. Your visa was valid until....., you applied for asylum on 30th October 1996 before your visa expired. You had your interview on..... 1998.
- You have been waiting for 8 years. You have not got a decision. Your file appears to have been lost and you enclose the evidence you have to your letter (COPIES of all documents you have kept).
- On the basis of 10 years spent here as per the Paragraph..... Section ...... Immigration Act 1999 you are now seeking Indefinite Leave to Remain in the UK.

It may take long time to process your application (a year or longer) but there is no reason why you should not qualify for ILR on the basis of your long residence.

Good luck!

Jeff

London coool · Post by **London coool** » Wed Sep 27, 2006 12:31 pm

If you did apply for asylum did you get an ARC card? Did u go for an Asylum interview? If you did then mostl likely you had a decision made.If you didnt have an interview but did claim asylum your application could have been refused for non-compliance reasons (maybe you forgot to return a form [SEF],etc). You can not assume that you do not know what your Asylum status is because if it was refused and your appeal rights were exhausted you could be "a failed asylum seeker" and may not qualify for ILR under the 10 year rule but under the 14 year overstayers rule. Most times applicants change their solicitors who still receive correspondence from the Home office for their clients without forwarding it to them.

Since you applied in-country you may not have an IS126 letter issued to you. You can check with the PEO to find out your current status since you still have a reference number.

Jeff Albright · Post by **Jeff Albright** » Wed Sep 27, 2006 1:43 pm

London coool wrote:If you did apply for asylum did you get an ARC card? Did u go for an Asylum interview? If you did then mostl likely you had a decision made.If you didnt have an interview but did claim asylum your application could have been refused for non-compliance reasons (maybe you forgot to return a form [SEF],etc). You can not assume that you do not know what your Asylum status is because if it was refused and your appeal rights were exhausted you could be "a failed asylum seeker" and may not qualify for ILR under the 10 year rule but under the 14 year overstayers rule. Most times applicants change their solicitors who still receive correspondence from the Home office for their clients without forwarding it to them.

Since you applied in-country you may not have an IS126 letter issued to you. You can check with the PEO to find out your current status since you still have a reference number.

The chap said that the HO confirmed they had no records on him at all and that is the point.
This is why it is important first to have a sight on his file.
No matter what they decided and what they have not decided - there is no apparent record of a decision on his file. If the documents are not found at the IND and as far as he is concerned, the consideration of the case will be based on the documents HE provides (copies) and not the IND. As there is no evidence of any decision made by the IND on his case, he should be eligible to apply under the 10 years rule.
Suppose he had no records himself, either, then he would still be able to apply for residence on a concessionary basis.

venski · Post by **venski** » Wed Sep 27, 2006 3:05 pm

Hi guys,
Thanks for your discussion, I do not have a card , it is just a piece of paper with my photo on it and a work permit stamp on the back of it! It says that this document is valid until a decision has been taken to grand/refuse my asylum application! I had an interview in April 1998 and I have acopy of it, but I have not heard anything since! I had sort of solicitors who did nothing but telling me I should wait, so in 2004 I sent a letter and also called them saying that I would not need their services anymore! It is very unlikely that they have made an decision 6 years later and send it to my solicitors.
Cheers!
Venski

Jeff Albright · Post by **Jeff Albright** » Wed Sep 27, 2006 3:57 pm

That's fine. Just treasure these documents like your own life

(because in fact the 10 years of your life are in them!)
Once you have looked at a copy of your file, then we will discuss what to do next.

venski · Post by **venski** » Wed Sep 27, 2006 4:07 pm

Hi Jeff,
Many thanks again! I am waiting for the reply from SAB now!
Cheers mate!
Venski

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HO lost my files, they have no records of me, please advise

HO lost my files, they have no records of me, please advise

Re: HO lost my files, they have no records of me, please adv