I would be most grateful if someone can advise me on my current situation. Nearly 19 years in the country as an over-stayer. Entered the UK on a student visa in 1999 and overstayed ever since due to DV back home. There was no state protection back home and I could have claimed asylum but I never did. Further more in the 1st year here I suffered DV from my then boyfriend, which left me severely traumatized and because of this I overlooked the need to regularize my status in my early years. I was diagnosed with PTSD and complex trauma at a later stage. My mother also left home shortly after me and lived for 15 years in the EU (due to the same problem). I am not married and have no children.
In 2013 I tried to regularize my stay and instructed my OISC adviser to submit Set(O) application outside the immigration rules. She forged my signature ans submitted FLR(O) application instead and pocketed the money I paid her as a Home Office fee (that's in addition to her fee) and ticked the fee waiver box - all this without me knowing. I understand that FLR(O) application was more appropriate but it was refused twice due to no fees paid (application was rejected as invalid). I only discovered what had happened when I removed my file from them. I reported the OISC adviser to OISC and they determined that it was not my fault that the Home Office fees were not paid, that the adviser did not pursue my case due to her own actions and that the signature looked different to the untrained eye. They also recommended that she repays her fees as my application was effectively never submitted. However, she refuses and I will need to take her to court.
In 2015 I submitted a fresh Set(O) application enclosing all the evidence of the scam by the previous OISC adviser. The application was rejected both for ILR and for the Discretionary Visa. In 2013 when I applied with the "help" of the OISC adviser I was very likely to get Discretionary Leave under para 276ADE(vi) which says (vi) is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK. My mother lived abroad, I have no siblings, etc. However, the "no ties" rule was changed to "insurmountable obstacles" by the time I made the 2015 application which was refused.
I was given a full right of appeal under Article 8 which. The appeal was refused in 2017 by FTT. The judge placed too much emphasis on the fact that I was an overstayer. She did not know anything about 14 year rule (now cancelled) or 20 year rule which is for overstayers. I will be 19 years in the UK in May. I have never claimed any benefits, etc. I volunteer in the community. The judge accepted that I am fluent in English, am integrated and will find employment if my status is granted. She also accepted that my mental health will suffer if I am sent back. She also accepted the strength of my private life. However, for the effective maintenance of the immigration control, the appeal was refused.
I appealed to FTT for permission to appeal to UT which was refused. I have now 3 days to submit an application for permission to appeal to UT directly which is not that simple as it's about errors of law.
Would you be able to suggest any case law or any further course of action please?
I would be most grateful.
Thank you.
