How Will I know my Sentence - If I Leave with an Emergency Travel Document voluntarily

[sluzie]

Hello, I am new here I am not sure if this is the right forum but since I came here on a student visa I thought I should post here. Apologies if I am wrong

MY STORY
I came to UK on a Tier 4 student visa for my university in 2013 all through till 30th september 2016 when my visa expired. I applied to extend my visa for my masters programme at my undergraduate uni and I was granted leave to remain till 30th January of 2018.

During my masters course things went pretty bad for my family financially to the extent that I was withdrawn from school in May of 2017. However I stayed back to re-apply to another university plus I was in serious debt (owing about 5k in rent, 2k in tuition and other utility bills) although I was working part-time to pay them as much as I could. I did not want to leave the country owing that much as I did not want to seem decietful or like a run-away. Also with me is my kid brother in secondary school I could not just up and leave him. I tried to apply for September intake but I still lacked the funds. I got admission into a university in January of 2018 and started my lectures. I applied for a visa extension and got denied on the grounds that I do not satisfy the progression requirement and secondly my application came in late (I applied 6th of February 2018 after my expiration- 30th of January 2018). I was denied on the 12th of April, the Home office holds my passport.

I quickly contacted an immigration lawyer (recommended by a family friend), the lawyer claimed that there was nothing wrong with my application that I satisfied all grounds. He said my CAS was satisfied. He even argued that I applied within 'grace period' which I think he was referring to the 14 days; I do not think that rule is still in effect any longer. I explained my story to him from scratch. He told me to apply for an AR he argued that if the home office was not sure of their decision that they would not have permitted me an opportunity for an AR. I applied for the AR but the home office still retained their initial decision 25th of April. At that point I decided that I had to leave the country however my lawyer proposed a reconsideration appeal; my mum pressured me to go for it because she had already cleared my tuition of 11 thousand pounds (not refundable) also because of my kid brother. My reconsideration was submitted on the 6th of June 2018 we are in November 2018 and I still have not heard from the home office.

I sought the help of my country's embassy here and told them about the lawyers I even submitted to them our correspondence to see for themselves. They said the lawyers did not act in my best interest, they are very misinformed and just wanted my money. The embassy further explained to me that after I was withdrawn from my first masters I would have left, even when my visa was denied I should have left and then I had a chance of coming back within a short period. I explained to them of the money I owed and the money I had just paid it was a lot, I did not mention my kid brother I did not want to involve him. Their advice is that I leave the country, I was supposed to leave in October but my mum keeps posting me. She is very strong headed even this time I had to cry to her on the phone and even shoued at her to do something about my kid brother so I can leave. I know I can just call the voluntary returns office for help and leave but my kid brother will be left alone in a rented aprtment that is in my name. I have even suggested that he comes home with me but my mum does not like the idea. She has agreed I come home but I do not know her stance about my brother; he has even started his GCSEs. The embassy adviced that I be issued an emergency travel document and leave and forget my passport. That I can get a new one when I get back home.

MY QUESTION
I would love to return back to the UK to complete my studies or anything else in future. If I leave the UK on this travel document how will the UK Immigration know I have left the UK and how will my ban sentence be passed? I know I will get banned for at least a year since I have been here for 9 months. I am thinking of contacting the voluntary returns so that I get my passport even if it gets stamped an overstayer at the boarder I do not mind. I believe through that means I can know my ban. I do not want the travel document if it will make me seem like I am trying to play a smart move on UK immigration. I want to be very honest, clean and straight with them.

[wahi66]

sorry to hear all this trouble you are facing but in my view dont get emotional as you have already taken the steps so all you have to do is to face the out come and it could be positive. Meanwhile keep studying and complete your masters as you already paid fees so dont waste that money too. it will be a positive sign and evidence that you have completed your master during the appeal time in case later you have to show more evidence regarding your progress.

You are still legal in this country and you are not breaking any rule because your appeal case is still pending and needs to be decided. I would suggest to focus on study and on your brother and leave rest to them to decide your case. lastly, your mother has paid huge amounts towards your up bringing so better turn all her investment into good outcome and make her happy.

take care