Hi, everybody. Thanks for your time reading this post. I have a bit of confusion what I shall do next in my situation. May be someone has a relevant experience or law knowledge and could suggest me something to sort the situation out or at least make it clear what to expect or what to do or not to do…. And one of the main questions I have is - is the time spent in a court appealing against visa decision count towards 10 year lawful long residence? And if yes, may I apply for ILR while my appeal is still in the court or should I wait for the decision?
Anyway, here is the story. In short–
July 2002 - Arrived on a student visa,
January 2003 - sent all papers for visa prolongation,
2003-2011 heard nothing from Home Office,
March 2011 - received a legacy form, filled it and sent straight away, visa refused,
January 2012 - first-tier tribunal appeal, refused,
May 2012 - upper tribunal appeal, waiting for the decision at the moment.
In long - I arrived here July 2002 as a student. In January 2003 I send my passport and all relevant documents for my student visa prolongation. That was the last time I saw my papers… I had 2 solicitors in different time and they both told me that all they could do was just send requests and wait. That was exactly what we did. I was phoning to Home Office myself may be once in half a year or so and the answer was that they were still considering my application and as soon as they would consider it they would contact me and there was nothing to worry about. Well, I was worrying as it was several years since I sent my application. But my solicitor at that time told me that it was ok, that sometimes it takes longer to decide… Meanwhile I was continuing my study as a full time student till 2008. I have studied all possible courses in the college I started with, so I needed to move forward. I found it not possible to enrol to any college or university without my passport and visa, though I had a letter from Home Office saying that they are considering my visa application. So all I could do and actually did was to go to distance learning at CIMA (Chartered Institute of Management Accountants) because my first degree in my country is Accountant. All they wanted to see was my passport’s copy and I had it. Then suddenly in 2011 I received a letter from Home Office asking me to fill in a simple form and add my recent pictures and send it back. I did it straight away. In 6 months or so I received a letter saying that I was refused in my student visa(after 9 years of concideration). I went to my new solicitor, which I knew from my friends was good, and he told me that there was no chance to win an appeal against the decision as since 2008 I was not a full time student and he even did not want to spend my money and his time doing that. I was not agreeing. I was a distance student, but it was Home Office’s fault that they kept my documents for so long and I had no other choice if I wanted to continue my study than do it as a distance learning. So I filed the appeal and first-tier tribunal dismissed my appeal. I went to Upper tribunal and waiting for the decision at the moment – it should be done at the end of July I think.
There is another thing which is making all this complicated case even more complicated is that in July it will pass 10 years of my residence in UK. What I want to know is was I all this 10 years lawfully in this country though I applied for my visa in time and filed all appeals to first-tier tribunal and upper tribunal in time? Is the time spent in court counts towards 10 years long residence at all? If yes, there is ANOTHER problem (do not laugh please) - I still do not have my passport and I do not have any Home Office ID to pass a Life in UK test to send them a SET(O) form. And as it is nearly a £1000 payment to Home Office to consider ILR application I do not want to gamble and send it without the Life in UK test certificate as they well might reject it and keep the money.
Many things done wrong and I know it now, but at that time everything was done to my best knowledge, so please do not point it out in your replies what I should have been done as I cannot change it now. All I need is an advice what to do next. I have a driving licence from my country of origin, but it seems they are very strict in the Life in UK assessment centre as per their website if I do not have an ID from their LIST I would not be able to take a test.
All suggestions are welcome.
Thanks!
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