ILR - How does this work?

[ruesha]

Advice needed please. This has already been discussed in various ways but my case is as follows. Please hear me out.

* Arrived in the UK in 91.
* Working holiday visa granted for 2 years.
* Got married befoe the expiration.
* Got 1 year extension.
* Problems arose, husband went to his native country due to father's ill-health, family feuds, etc.
* Husband was in an out of UK.
* Application got messy as husband was not here for most of the requirements.
* Relationship broke down and got stuck.
* Sought advice from a solicitor - put in for asylum in 1996.
* Notice for removal received in 2001.
* Appeal put in.
* Nothing heard from HO for many months.
* Put in 10 years application in 2001.
* Was advised by HO to remove pending application from asylum section so case can be dealt with under 10 year duration concession.
* Duly done, asylum application removed, 10 year application put in. Got response back saying application for 10 years was vaild and will be passed on to a case worker.
* Then in 2003 received letter from HO saying appeal papers for 2001 had been lost by HO and could i send copies. (felt case was being dealt with by 2 different teams and informed HO of this. Got no reply).
* Solicitor informed them that case was now under 10 years concession.
* Called to AIT in June 2006, did not attend as advised by Solicitor and asked for case to be referred back to HO.
* Completed SET(O) in April 200r under the ILR scheme of 14 years legal or illegal stay.
* Confirmation received that case was pending until they heard from AIT and £335 fee deducted from my account.

* I have now received a letter telling me that i have no basis of stay in the United Kingdom and should make arrangements to leave without delay. Also attached was the Notice To A Person Liable to Removal of 2001.

I am at a loss as to what to do. I have now been in the UK for 15 years and 2 weeks.

Can anyone please advice?

Thanks

I have

[Jeff Albright]

This is a complex case.
Looks like the clocks stopped for your long residence when you received your IS151A and IS151B in 2001. It appears as though you would not have qualified for ILR under 10 year rule, as you were not viewed as someone having a continuous legal residence between 1991 and 2001, because as you advised that not all the rules were met in some of your applications.

It also looks like you formally withdrew your appeal in June 2006 when you did not attend and asked for the case to be referred back to the HO. Bad advice from your solicitor, I am afraid.

Also, you have appealed on asylum grounds (haven't you?) and then withdrew your asylum application. Your appeal was probably deemed as cancelled.

Because your appeal was cancelled, you would have been expected to leave the UK by the virtue of the HO's decision to remove you in 2001.

If you would like to remain in the UK, you will probably need to appeal again on Human Rights Grounds as soon as possible or seek judicial review. Expert immigration advice is required here.

Good luck!

[ruesha]

Thanks for your advice Jeff. I am definitely seeking leagal advice. I never thought things could be this difficult. If i were to go via the Human Rights angle, what advice would you give as to what to do, say, directions, etc.

Thanks again.