Post
by irfan051 » Wed Jul 18, 2012 2:25 pm
I came to UK as a student in 2005, completed my studies, got a degree, then got PSW visa, which was expiring on September 8, 2011. I invested about £80,000 pounds and set up a retail business in order to qualify for tier 1 general. I applied for tier 1 general on 1st April, 2011 but have been refused on the basis of few missing invoices and didn't get a right of appeal because of extent leave. I was unable either to send a fresh application because the category was closed by that time. I was also searching to get onto PhD research course from some time and got a chance to start my PhD from September, 2011 also at Bangor University. My solicitor advised me that applying for student visa means I can't continue with my business and it is not possible either to stop the business straight away because I am losing huge investment. The investment was also not enough to apply for entrepreneurial visa either. So, they apply for me under article 8 on the basis of private life, which has been refused, the appeal also rejected in that case. The outcome of the appeal came to me on 31st January, 2012. I believe my representation and the idea was not correct and that’s why I decided not to contact any solicitor again. So, after that I applied for student visa on 8 February, 2012. That has been refused on the basis of maintenance issue, without the right for appeal because they consider me over stayer and my passport has been sent to the enforcement division. I re-apply with fresh documents on 8 June, 2012 and now waiting for the decision on that application. Enforcement officer came to my house last week to arrest me but I was not available. Later I contacted them and meet them at their local office, where I discussed my situation and said that I am unable to leave my studies neither my business because in both cases I am going to sustain huge losses. They put me on regular contact and asked me to re-apply on the basis of 'leave outside the immigration rules' in order to avoid detention in near future. Because if they said, it is more likely that my current application for student visa may be refused again for other reasons and even if I get a student visa, still they will detain me because on student visa I can’t continue with my business. Now my question is that can I re-apply for ‘leave to remain outside the immigration rules’? If yes, this should only be on the basis of Article 8 or I can just explain my situation that I can’t leave the country at the moment, therefore, I just need time now and in future I may be able to sell a business and also will complete my studies, then I can returned back. I am not looking for permanent residence in this country anyway. And how many are the chances of avoiding administrative removal on this application for now and the success later on. I need the right guidance and advice and the preparation of my application, then I’ll submit and follow my application on my own. Thank You.
