Student Visa on FLRO In pursual 10 long Residency

[eskaila]

Hi All, on december 31st Dec 2012 I I made an FLRO application under HRA Article 8 for stuedent visa. i was on student dependant visa on non point based system which expired on same date 31st december 2012. I have a post office reciet as a proof of post. in the application i stated that i had already took admission in MBA in september 2012 and if i go back to my home country to obtain student visa i will subsequently miss out on my university classes. ( According to the rule i had to leave country to obtain a fresh visa). My application was refused on 24th of july 2013. One of the main reasons of refusal was i made application after my current leave had expired. I was not given the right of appeal. in the mean time i successfully completed my degree in Jan 2013.
I am pursuing 10 years long residency. My 10 years will be completed in july 2015. my solicitor suggested me to send a reconsideration letter to home office sating that i had applied in time which he sent in August 2013. Till then i have not recieved any reply from home office. The solicitor said if home office accept my argument and give me rigt of appeal then my period would be legal under section 3c and i woud have sufficient time to cover the remaining time to complete 0 yearsin the appeal process. if home office does not respond me we would send them couple of reminders and just before i am due to complete 10 years we will apply for judicial review and take right of appeal from the court and the my stay would be legal to put up 10 years long residency application.
Can someone please suggest me if whatever my solicitor telling me make any sense or shall i consider someother options as I have bee living in uk nearly 9 years now. there are no breaks and gaps in previous visas.

Best Regards

[eskaila]

Anybody?? please help... all advise welcome

[rooney0511]

You can also file for an appeal explaining the circumstances around the date of posting and your arguments around the refusal.

When the judge gets that he will accept the notice of appeal and then its upto the HO to prove otherwise why your application was classified as late application.

This is the best way to get the HO to look into the circumstances as they have to respond.

You will be definitely accepted by the FTT judge for a appeal hearing. ( Please note advice is purely based on similar situations of my friends)

[eskaila]

Thank you very much for your reply. I have already sent a reconsideration letter to home office as soon as I got a refusal of the application. They have not respond me since last 7 months. I am not forcing them to respond fast as it will buy me more time to cover the remaining time for long residency application to cover 10 years. I will start sending them reminders as I draw near 10 years. few months prior to the 10 years if i still not get the response from home office or in case they do not agree with my arguments I will take the case to the court to obtain their decision. rest of the time can be spent in appeal proceedings. Please tell me if it is appropriate course of action. Thank you very much once again for your guidance.

[rooney0511]

Thank you very much for your reply. I have already sent a reconsideration letter to home office as soon as I got a refusal of the application. They have not respond me since last 7 months. I am not forcing them to respond fast as it will buy me more time to cover the remaining time for long residency application to cover 10 years. I will start sending them reminders as I draw near 10 years. few months prior to the 10 years if i still not get the response from home office or in case they do not agree with my arguments I will take the case to the court to obtain their decision. rest of the time can be spent in appeal proceedings. Please tell me if it is appropriate course of action. Thank you very much once again for your guidance.

Firstly, you just cannot hang waiting indefinitely just by sending a reconsideration letter. The onus is on you to follow it up.
Secondly as you are thinking to spend time in the appeal process, please note that you have to win it to make your 10 years.
Just by chance, what if you loose, what are you going to do then.

[eskaila]

Hi Rooney0511,

Thanks for your reply. I was under the impression that the period spent in the process would be considered under 3 c leave and if in the mean time my 10 years are completed i will be eligible for long residency application. That means i do not necessarily need to win the appeal. Please enlighten me.
I have been thinking what if I loose but honestly speaking I cant find suitable course of action in that scenario except keep on fighting on human rights ground try and argue that I have spent significant amount of time in UK. I know this would be very weak case.

kindly suggest me if there could be a better alternative.

Waiting for your reply,

Best Regards