Passport without a visa

[tyronegal]

Hello everyone again,

I posted a question a while back about working while waiting for a visa hearing. Well, I got a hearing and it's disappointing news because the tribunal decided there is nothing they can do about our applications since we really didn't break any rules, the home office just looked at my mother's account and said the finances weren't enough e.t.c, which wasn't the case. Therefore as it stands they are just saying it's not their problem, it's the Home Office's problem. My mother wrote to the Home Office to say there was no way she was going to leave until I finished university because she had invested a lot of money and it was my last year (I graduated yesterday ). What they did is, they returned our passports with nothing on them. No stamps, no visa, just nothing. Assuming they want me to stay and finish my university and leave when I'm fed up? Because really what can you do with a passport without any visa/documentation? especially when looking for modest jobs?

Now my main questions:

1. Anybody been in this situation, how did it go? What did you do e.t.c

2. If I get a job in another country and wanted to apply for a visa to go there, will this issue cause any problem? As in, will they ask why I'm in the UK without a visa or will the letters from the Home Office about my case take care of this? This second question is very important for me as I'm looking for a job abroad so any detailed information will be appreciated.

Thanks so much.

[troubled]

Strange situation.Why don`t you reapply and address the concerns of HO?I have never heard a case like yours before where even the court could not decide the outcome.Make fresh application with your new evidence if any.

[kiwigirl25]

I agree with troubled, strange situation.

The courts couldn't make a decision on your appeal because YOU didn't break the rules Appeals are for people like you; you tick all the boxes so no reason for UKBA to reject you. Now if you broke the rules then I can understand that outcome.

Really don't know what the next step is. Maybe take troubled's advice and apply again!?!

Your situation is very confusing and doesn't make sense.

[tyronegal]

I agree with troubled, strange situation.

The courts couldn't make a decision on your appeal because YOU didn't break the rules Appeals are for people like you; you tick all the boxes so no reason for UKBA to reject you. Now if you broke the rules then I can understand that outcome.

Really don't know what the next step is. Maybe take troubled's advice and apply again!?!

Your situation is very confusing and doesn't make sense.

I know it's just very weird. Is it possible to apply for discretionary leave to remain? Anyone know if I can do this?

[Mr Rusty]

If you had an appeal hearing you must have been refused LTR. I'm a little out of date now but that used to be indicated by an underlining through the date stamp. But perhaps the court "remitted" the appeal to UKBA for reconsideration.
However, unless you can scan and attach the court's judgement or subsequent correspondence from UKBA (removing personal details), it's impossible to say definitively what your problem is. It can't be totally bad because they sent the passports to you rather than the local enforcement office with instructions for removal. But presumably you had legal advice - what did your brief tell you?
If you can't show evidence of legal presence in the UK when applying there for a visa for another country, you may be refused.

Sorry, I should have added that some posters seem to have a misconception about the requirements for obtaining FLR. It's not a case of whether the applicant has "broken" any rules, but simply whether the application meets the requirements of the Rules. Under the PBS, it's a tick-box system, and if the box requiring a certain amount of dosh can't be ticked, it's a refusal. It's not quite clear whether this was the case or not with this application

[The Station Agent]

Surely UKBA wrote a letter to explain their decision?

Didn't this state something like "you have 28 days" and then you must leave the UK?

Otherwise they've left things hanging in the air.

[tyronegal]

Surely UKBA wrote a letter to explain their decision?

Didn't this state something like "you have 28 days" and then you must leave the UK?

Otherwise they've left things hanging in the air.

About the above, I've been going back and forth with the original lawyer who represented us to try and establish what exactly was happening and to see how to move forward from there. I learnt that before this letter came through, my father, without my knowledge (I was at uni) wrote a letter directly to the home office basically pleading as if he was guilt of something saying he was begging for us to atleast be allowed to stay until I finish uni and then we'll leave, hence this vague letter. I saw another copy that came back with this letter. It says 'we understand that you need your daughter to finish university and we'll let that happen but we believe that you are making necessary arrangements to leave this country as you stated in the letter to us that you are doing'

So, no 'you have until this and this date to leave', just a vague 'we hope you are making arrangements'. Now surely, arrangements? Different people make different arrangements at different paces, what did they mean by that exactly? And to return our passports without any ultimatum? My dad has since left the country to go home (which I think was his intention in the first place that's why he messed everything up for everyone without consulting me ) My mother has found a job in Canada, thank God, and I'm still consulting lawyers here to see exactly where this can go.

Please advice, what should be my next step as I'm essentially now going to be doing any (if any) application by myself without depending on my parents as before. What action can I take, or what visa can I apply for? How much am I looking to spend on lawyers? I'm confused. I just want to do a lot of research and exhaust all options.

My background: Came with a student dependant visa (My mother was a student and I was her dependant), Renewed in 2008, same student dependant category, then renewed in 2009 and that's when my mother was denied after getting 80% points on her Tier 4 visa, due to what they told us were insufficient funds for 3 people, Had 2 appeals, final appeal said they can't do anything because it seemed there was no mistake it was the home office's problem (throwing blame to and fro) then my dad wrote that stupid panic letter on his own, then the final vague letter. I went to university and graduated in June this year.

**Will really appreciate answers from anyone, please please. I feel lost and I'm going back and forth with immigration jargon and research

[tyronegal]

PS: That was Tier 1 (Post Study) not Tier 4.

Thanks.

[avjones]

I don't understand this at all. What did the tribunal actually say in the determinations?

[tyronegal]

Apart from the vague one saying 'we hope you are making arrangements to leave', there was another one attached. Here is a paragraph:

The appellants were unable to meet the strict requirements of the rules, although I note that this was only respect of the requirements for maintenance, the first appellant (my mother) was awarded points claimed in all other categories. However, the sole issue for the Tribunal is whether there is any arguable error of law in the judge's determination capable of affecting the outcome of the appeal. I am not satisfied that there is for the reasons I have given. It is open to the appellants to make further representations to the respondent if they are asking for an exercise of discretion outside the rules. I hope that any application is considered sympathetically but that is a matter for the respondent and does not fall within the jurisdiction of the Tribunal.

[avjones]

Well, I got a hearing and it's disappointing news because the tribunal decided there is nothing they can do about our applications since we really didn't break any rules, the home office just looked at my mother's account and said the finances weren't enough e.t.c, which wasn't the case.

You didn't break any rules, but unfortunately your mother's application didn't meet the rules for an extension.

The appellants were unable to meet the strict requirements of the rules, although I note that this was only respect of the requirements for maintenance, the first appellant (my mother) was awarded points claimed in all other categories.

Your application therefore failed (rightly) under the Immigration Rules, that's what the Tribunal's saying here, although they are also saying it's a bit harsh.

What are the dates, what type of visa was your mother applying for, and what was the funding problem?