A Friend In Need (Over-stayer)

[dapsonlee]

Hi there,

I am just trying to help a friend with a bit of a situation and was wondering if any advice can be given.

My friend came into the country in December 2001 as a visitor and 2 months into his stay in the country he decided to change his visa status from "visiting" to "student" to which he wanted to attend genuinely. Upon making the application an acknowledgement letter was received from UKBA about 2 months later. The letter was used to enroll into a college as an international student and gracefully attended.

In November 2002, Home Office replied with an un-successful result stating that he needed to return to his originating country to apply through the proper channel but having already paid a non refundable £4950 for college, he decided to stay on anyways to complete what he had started. He was later able to apply to a university with the good grades gotten from the college and graduated. Everything he done even though being an overstayer and managed to stay out of trouble.

In April of 2010, the Home Office issued a circulation to a lot of over-stayers asking them to submit their passports filling out their details but unfortunately he went through a lawyer who did not give him a proper advise on how to deal with the letter so he filled it out and sent it off as requested. It was until recently, we poised the problem with a lawyer that seem to know what he is doing. He said since, all the friends family are here being british citizen and he is not that it would not be adviceable for him to go back because an application can be made outside immigration rules with a "discretional leave to remain".

The lawyer insisted that the letter that was sent out last year was based on 2 reasons either one has been granted or they just need to figure out if he is still in the country. so he made a request to find out why the letter was sent and also an additional £2500 was made in case a reply was heard in order to apply for the DLR. I fear for him, cos he has no family back in his home country as all his family are here and British born and he is not.

What other suggestions is anyone able to make because this query was made in march and we are still waiting on a response.