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Advise please

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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vimen00
Newly Registered
Posts: 1
Joined: Fri Oct 18, 2013 10:59 pm

Advise please

Post by vimen00 » Fri Oct 18, 2013 11:08 pm

Hi,
i came to the uk at the age of 19 yrs old in 2001 on student visa. i studied ever since and remained on student visa until oct 2009 where my visa expired. As i was still studying at that time, i applied to renew my visa but there was a problem with the funds for renewing and the home office returned my application in january 2010 since my passport expired in dec 2009, i could not reapply straight away and had to renew my passport.
So i sent my passport to get renewed and received it in march 2010, then i made an application to go directly to the home office in croydon to renew my visa there. my appointment was in may 2010 when i got there they told me that since it was more than 6 months since my last visa expired, i had to send my application by post or go back to my country to apply for my visa.
since i was still studying and my course required a 98% attendance, i decided to wait until august when i had 2 weeks holiday to go to my country to apply for my visa. i went to my country on the 16th of august and went to the embassy. but i was told there that my visa would be refused as they were treating my case as if i was coming to uk for the first time. i needed to have the equivalent of £20,000 on my personal account recent UCAS letter which for me being in the final year of my studies i cant get.
So since my holidays from university was coming to its end i had to find a way to come back to england. so i decided to come on a tourist visa and entered the uk on the 28th of august 2010 on a visitors visa and have been here ever since.
i finished my studies in aircraft engineering and is currently living at home with my mother.
my mum is a british citizen and my brother has got indefinite leave to remain in the uk. They are the only family that i have as my dad passed away in 1998.
I have not worked or claimed any benefits while being on visitors visa. only time i was working was when i was on student visa, i was doing 20hrs a week.
i would like to know what would be the best option for me to be able to stay here with my family.
many thx
kevin.

Optional Information:
Province/Country relating to question : UNITED KINGDOM

Already Tried:
I have been to see a few solicitors, but some are saying yes i can apply some are saying no..

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Oct 19, 2013 12:01 am

vimen00 wrote:As i was still studying at that time, i applied to renew my visa but there was a problem with the funds for renewing and the home office returned my application in january 2010
Was it an application payment problem? What did they say when they returned your application? Did they give you a certain time to reapply?

Regarding the lawyers who were saying yes, what are their basis/strategies?
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Amber
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United Kingdom

Post by Amber » Sat Oct 19, 2013 7:45 am

When in 2001 did you arrive? If you've completed 10 valid and continuous years, you may be eligible for SET(LR) subject to regularising your stay. I gather your Mother was naturalised British, if so, when?
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