Please advise -Student & ILR

[fatimahh]

Hi - i am posting on behalf of my friend who hold a student visa since 2004. The thing is that she has no visa break until 2012 and then when she send her application for renewal on April 2012 she never received any COA nor the passport till now October 2013. she called once after 6 month the HO for update and were told to wait, since then never dare to ask again.
she is still at the same address since she last sent her application and were not able to register for a new course due to the absence of her passport.

The concern now is we think that
1 - as long as HO got her passport she is still legal in the country. Is that correct?
2 - She will be completing 10 years in the UK in April 2014, can she apply for Set (LR) base on 10 years residency and inform HO that they already got her Passport???
Please advise

[Wanderer]

How can she be sure HO received the application if she didn't check? I suspect the app and passport has been lost, she should formally write to UKBA and not call, the people on the phones are just drones - you cannot take their word....

[fatimahh]

OMG thank you Wanderer for opening our eyes - we never thought of it this way. if the Passport appear to be lost will she be considered an overstayer?????????????

[Wanderer]

OMG :shock: thank you Wanderer for opening our eyes - we never thought of it this way. if the Passport appear to be lost will she be considered an overstayer?????????????

Not sure - depends if you can prove it, we always sent ours via special delivery, trackable, what did your friend do?

[fatimahh]

Her application was sent via special delivery and she even include another one for them to return it.

[Amber]

Did you track it?

[fatimahh]

Yes she did track it and the parcel was delivered. So very worrying now