Anyone been or is in a similar position?

[LilyNicole]

Hi All,

I first want to thank you for taking the time to read my post and expelling your recommendations. My story is quite extensive but I will try to keep it short and direct.

My story starts in 2001 when I came to the UK as a minor to visit my uncle, obviously I did not end up just "visiting" I started a new life in the UK. I was only 11 years old when I entered the UK and I started my secondary education in September of 2001. I studied at my secondary school until I left at the end of year 11. I passed all my GCSE's. I then went to on to study A Levels at sixth form until 2009... this is when my life fell apart. I received offers from all the universities I applied to but I was unaware of my status in the UK. I did not have legal status in the country therefore I was not able to attend university. I spent 2009-11 doing absolutely nothing, which really frustrated me as I had to watch all my friends move forward in life while I was stuck! I decided to go back to college last year and I completed a course, so now I've got more than enough points to go into university.

Last year I also decided to make an application for leave to remain after the July 9th rule change. I sent my application at the end of September last year. Sadly, I received a refusal letter from the HO staying that I spent 10 days extra in my home country than I did here(UK) so I did not qualify. My solicitor sent a reconsideration letter to them immediately. He has also stated that if they do not resolve it in my favour, we will be going to court. I was just wondering if anyone else is in a similar position, how are you dealing with it and what are the procedure of a Judicial Review? This is really frightening to me because I have NOBODY in my home country. My sister, nephew, niece, uncles, aunts, friends etc are here in the UK.

I would really appreciate any advice and experience.

Thanks

[LilyNicole]

Anyone?? I just really need to hear from others who have been in a similar situation or have any 1st hand experience of a Judicial Review or HO reconsideration procedures.

[peppekalle]

Just relax someone will come around with more information.You are not getting kicked out and i bet they haven't issued you with removal directions cause they know you will succeed in your appeal.

Hang on to your lawyer like a leech.

[LilyNicole]

Thank you very much for replying. That has made me feel a lot better. I am just hoping for the best and that some clemency will be applied in my case. I found it very weird for them to say that I have "ties" to home country because of the 10 days I spent there extra as a child, when I provided them with letters from family members and friends.

[Olasunkanmi]

Hi All,

I first want to thank you for taking the time to read my post and expelling your recommendations. My story is quite extensive but I will try to keep it short and direct.

My story starts in 2001 when I came to the UK as a minor to visit my uncle, obviously I did not end up just "visiting" I started a new life in the UK. I was only 11 years old when I entered the UK and I started my secondary education in September of 2001. I studied at my secondary school until I left at the end of year 11. I passed all my GCSE's. I then went to on to study A Levels at sixth form until 2009... this is when my life fell apart. I received offers from all the universities I applied to but I was unaware of my status in the UK. I did not have legal status in the country therefore I was not able to attend university. I spent 2009-11 doing absolutely nothing, which really frustrated me as I had to watch all my friends move forward in life while I was stuck! I decided to go back to college last year and I completed a course, so now I've got more than enough points to go into university.

Last year I also decided to make an application for leave to remain after the July 9th rule change. I sent my application at the end of September last year. Sadly, I received a refusal letter from the HO staying that I spent 10 days extra in my home country than I did here(UK) so I did not qualify. My solicitor sent a reconsideration letter to them immediately. He has also stated that if they do not resolve it in my favour, we will be going to court. I was just wondering if anyone else is in a similar position, how are you dealing with it and what are the procedure of a Judicial Review? This is really frightening to me because I have NOBODY in my home country. My sister, nephew, niece, uncles, aunts, friends etc are here in the UK.

I would really appreciate any advice and experience.

Thanks

@ LilyNicole, sorry to hear about your refusal. The problem with new guideline is that caseworkers are not allowed to apply discretion to immigration cases anymore. Its unfortunate that you only fall short of the qualifying period by a period of 10days.

I think that your lawyer should have resubmitted a fresh application for you as you will have spent more than half of your life in UK by now. The problem with the reconsideration request is that your application will be reconsidered based on all the evidence that you submitted last September and you might still be considered to still fall short of the requirement at the time of first submission.

A judicial review is also an option you could have consider, but it could be a lengthy battle but you are very likely to win your case as you have now meet the requirement with the information you wrote on this forum.

So, just relax as you will definitely get your 10years route to settlement soon.

[LilyNicole]

@Olasunkanmi.. Thank you for your reply. That's very interesting as I had forward my case to few solicitors before deciding which one to submit my application through and all of them said it would be fine. But what's done is done. I did read a few review about "reconsideration" and "submitting a fresh application" and it seemed people thought it was better to ask for a reconsideration as the HO might find another reason to refuse the application. I just have to cling to faith. God will work it out for me

You've been very helpful!

Thank you