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student overstayer

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hoods24
Junior Member
Posts: 92
Joined: Sat Jul 14, 2012 6:27 pm

student overstayer

Post by hoods24 » Sat Jul 14, 2012 7:05 pm

hi

id like some advise on my case...
i came to uk in october 2004 on a student visa, with my family who were visitors...we joined our father who was a visitor here since 2002
i started my studies and applied for several extentions and was granted aswell, until may 2010, they refused it because of less funds in my account
i submitted a written appeal, during this process i got married in july 2010 but i didnt register it, unfortunately it didnt work out and my marriage ended in october 2010, my ex husband turned out to be a criminal, fraud and violent person, and i was a victim of domestic violence, and i reported him to police, he was charged with ABH, but he did not plead guilty....they called me to the court twice, but never actually asked me to give evidence, eventually they dropped the charges in october 2011
during that time i could not pay much attention to my visa process, my college admin was handling all that, i had to go to see doctors, and attend my counselling sessions, visiting police stations...i was in a terrible condition, ...., my appeal in upper tribunal was heard in march 2011, but i didnt know much of whats been going on with my visa application, so they dismissed my appeal in april 2011.
my solicitor advised me to apply for discretionary leave on the basis of that i cant go back to pakistan as ill be in danger from my husband there, as he visits pakistan alot.
in may 2011 i overstayed, and they ask me to report on monthly basis, in october 2011 my solicitor applied for my discretionary leave on the basis that ill be in danger from my ex husband if gone back to pakistan.
i have not heard from home office since, ive asked my mp to write a letter to them which he has written, my family's application on the basis of long residence and child's best interest is also submitted in june 2012.
my family has been here since last 8 years, got 2 younger siblings going to school and college...they both have spent 7 years in uk being underage...
my counselling sessions are still going on, i resigned from work because im not allowed to work....., im volunteering just so that i can live a normal life or atleast have some activity...
i live with my parents, brother and sisters, i have got an established private and family life with my family, and ive got loads of friends from my college and work place here....no criminal record

my life is stuck...
Is there any chance for me to obtain leave to remain in this country?

JAGOO
Junior Member
Posts: 73
Joined: Fri Jun 15, 2012 11:15 pm

Post by JAGOO » Sat Jul 14, 2012 8:08 pm

1. Your case is very complicated and i think you shud act on your solicitor's suggestions and recommendations.

hoods24
Junior Member
Posts: 92
Joined: Sat Jul 14, 2012 6:27 pm

Post by hoods24 » Sat Jul 14, 2012 10:24 pm

yes, it really is, got no option but to wait......thanks anyways

hoods24
Junior Member
Posts: 92
Joined: Sat Jul 14, 2012 6:27 pm

Post by hoods24 » Sat Jul 14, 2012 10:25 pm

yes, it really is, got no option but to wait......thanks anyways

hoods24
Junior Member
Posts: 92
Joined: Sat Jul 14, 2012 6:27 pm

over 18 with family applied for article 8

Post by hoods24 » Fri Aug 10, 2012 2:20 am

What happens to children over the age of 18 and their parents have applied on the basis of article 8 family life with their underage children, n the family been here for almost 10 years? Would the home office consider their over 18 children with them? as they've always lived together.

hoods24
Junior Member
Posts: 92
Joined: Sat Jul 14, 2012 6:27 pm

judicial review

Post by hoods24 » Fri Dec 21, 2012 7:34 pm

Hello

Im sorry if im posting in a wrong category as i couldnt find something related to judicial review or appeals.

Little history about me:
Came in oct 2004 as student, extended my visa till march 2010, they refused it in may 2010 due to less funds.
Entered Islamic marriage July 2010, marriage ended in October 2010 due to domestic violence.
During that time my appeal permission was under consideration for upper tribunal.
As I went through domestic violence, had to go to police stations, victim support, counselling, GP.. etc etc
My appeal in upper tribunal was refused in April 2011. Became overstayer in may 2011.
Then i applied for leave to remain out side the rules in October 2011.
They refused my application in october 2012 and they decided it under new rules that came on 9th july.
My mum dad and brother sisters are here for almost 10 years now. I live with them.
My family has applied for leave to remain on the basis of my younger sister as they have lived here for more than 7 years, gone to schools etc.
since september, im on anti depressents and still taking regular counselling, my mother and family takes care of me.
I'm thinking to apply for judicial review as they should have decided my application by the rules that were in force on the date I sent my application on which was october 2011.
Do u think judicial review is right for me?
Please help, would appreciate a lot
Thank you.

hoods24
Junior Member
Posts: 92
Joined: Sat Jul 14, 2012 6:27 pm

student visa over stayer domestic violence

Post by hoods24 » Thu Apr 03, 2014 12:35 am

hi

i really need someones advice. I will try and summarize my situation

i am 26 year old woman, who came to UK in 2004 on student visa with mum and younger sisters( all on visitors visa) dad already in UK since 2002 on visitors visa, my sisters started their school and i started my education, my visa was regular until march 2010 extension was refused it went through written and upper tribunal appeals. during that time i got into an arranged islamic marriage in July 2010. marriage ended in October 2010 because of domestic violence, he was charged with ABH and i was called to the crown court twice but they sent me home both times saying they have changed the dates, after a year they concluded the case and he was free and they didn't even ask me to come to the court to give evidence. anyways that was that, i overstayed my visa in may 2011, i submitted a new human rights application on the basis that my family is here and also i was in danger from my ex. which got refused in 2012, went through judicial review and that got refused as well with a right of appeal that i will be attending in few months. i was also working but as soon as i realized that i have overstayed i resigned from work in 2012
the amount of stress,agony and pain i went through is indescribable, i submitted all reports from police, gp, counsellors etc.

my current situation is i have been volunteering for a youth organisation for many months and the managers are my very good friends, and they are christian, so gradually i developed my interest in exploring christianity and i got baptised in september 2013, now i regularly go to church have lots of christian friends, also working for different projects for young people. so doing this and having faith has really helped me reduce my stress and depression and i stopped my counselling. i am living with my parents who have a reconsideration application for 7 year rule as my sisters have spent 7 years underage in schools are still in education.

i know its very complicated but i just need a genuine professional advice i would really appreciate it

Thank you so much

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