Appeal was allowed but still no Visa, Pls help!!

[Ko Phyo]

Hello All,

Can anyone advise me what to do?

My Immigration History

1. Arrived to the UK on 02/09/1996 as student.
2. Studied Hospitality Mgnt and Computing courses
3. Applied extension of student visa in Oct 2004, HO refused visa based on the ground that the course which I was going to study, Interactive and Multimedia Systems and Design, was not relevant to the courses I studied previously.
4. 27/01/2006 Judge at Immigration and Asylum Tribunal approved my appeal (Received a copy of Judge's decision by post)
5. 20/02/2006 Sent a registered letter to HO enquiring abt my passport and visa (No reply)
6. 01/04/2006 Faxed HO Correspondence Team asking abt my passport
7. Followed up with a few phone calls, on HO systems, my case was showing awaiting "further consideration" (Told me to wait)
8. While waiting reply from HO, managed to get hold of an officer at the Presenting Unit in Feltham. Explained him my situations. He requested HO my passport and original documents to return. Instead of sending to my home address, HO sent to him.
9. 08/05/2006 received passport and all my certificated from him, but no visa.
10. 09/05/2006 phoned HO & explained my situations. HO advised me to send a letter IND Croydon with a copy of Judge's letter + my passport copies.
11. 24/05/2006 phoned HO and asked for an advice. Confirmed me that HO received my letter but told me to wait. Still showing HO computer, my case is "Waiting further consideration"
Immigration Officer answered the phone gave me another fax number and advised me to fax explaining my situation by marking "Urgent" and I did.

What shall I do next??

Your advice will be much appreciated.

Thanks.

KP

[Jeff Albright]

Write a letter to the Immigration and Nationality Directorate Complaints Unit (it is sufficient to send by e-mail, scan all the documents and attach) ind.cu@homeoffice.gsi.gov.uk .
Ask for the immediate response.
If you do not hear anything, go to your MP and ask for help.

[Ko Phyo]

Hi Jeff,

Thanks for your advice. If I can ask you one more question, would I be eligible to apply Unlimited Leave to Remain in the UK when 02/09/2006 comes.

Would you foresee any problem because of my previous visa extension was refused? When I was in the tribunal, entry HO officer asked me whether I was going to study at the end of this semester, Sep 06, which is also the final year of my course. I said "no" to her in front of the judge.

Pls advise.

Thanks again.

KP

[Jeff Albright]

I cannot be 100% sure about it, mate, sorry. I would say probably yes.
Because the decision of the IND was overturned by a judge IMHO that should in theory count as legal residence. So you should be able to apply, the decision will be at Home Office's discretion but may be successful. It may take some time before you get it - could be anything from a few months to a year or longer. If you get an unfavourable decision you can still apply to Court to review it in the way you did previously.
I would suggest you get help from an immigration lawyer about this - perhaps just to get some advice and then if you are confident then just fill in the SET(O) form and send it yourself on or shortly after 02/08/06.

Good luck and plz keep us informed on the developments.

[John]

Because the decision of the IND was overturned by a judge IMHO that should in theory count as legal residence.

Jeff, that is actually right, winning the appeal confirms that all that time from the time of the submission of the application is legal time in the UK.

So Ko Phyo, taking that into account, assuming all the time in the UK is legal in the 10-year period, ILR should be granted. But do ensure that the student visa is in the passport before making that application.

Given the history it might be better to make the application by post rather than in person at a PEO. OK nothing to stop you going along in person but there is no compulsion on IND to make the decision that day. And given the history they might not. So I would say, save a few pounds .... £335 to apply by post .... compared to £500 to apply in person at a PEO.

Good advice from Jeff about the Complaints Unit.

[Ko Phyo]

Hi Jeff and John,

Thank you so much for your advice.

I will definitely be posting on the progress.



KP

[Ko Phyo]

Hi Jeff and John,

I received the visa from HO on Friday as a separate immigration status document and allowed me to stay until end of Sep.

Thanks to both of you for your valuable advice.

If you don't mind me asking, would you recommend a solicitor to get a proper guidance when I apply for ILR?

Thanks again.

KP

[John]

Ko Phyo, well good you got that at last!

Looking back to your opening post in this topic you wrote "Arrived to the UK on 02/09/1996 as student.". Assuming you have good proof that at all times when in the UK during the last (nearly) 10 years you have been "legal" then you should not encounter a problem getting ILR on grounds of 10 years residence. Accordingly I see no particular reason for you to need professional help with getting the ILR. The fact that your appeal against the extension to the student visa was eventually granted means the all that time from rejection to winning the appeal is considered as legal time in the UK.

Want to ensure that the IND computer system correctly shows your immigration history? As posted in another topic by Rogerio :-

Send your request (with a £10 cheque/postal order) to this address, and request your immigration history under the Data Protection Act.

Immigration and Nationality Directorate (IND)
Subject Access Bureau (SAB)
10th Floor
Sunley House
Bedford Park
Croydon
CR0 2AP

Armed with the response, which you can enclose with your ILR application, I would not expect you to encounter a problem.

You are entitled to apply for your ILR 28 days before the completion of the 10 year period ... on 07.08.06 or later. You clearly need to make your application before the expiry of your now current visa.

How do you intend to apply for your ILR? By post or in person?

[Jeff Albright]

Great news! The justice has prevailed!
I agree with John in terms of your settlement application.
Just download it from the website , go through it, fill it in (it should be fairly straightforward)- any questions - just post them here and you will get every help you need for free!

All the best!

[HHH99]

If I was you I would go to PEO and get the ILR in person the same day as I dont't trust the postal system. My case was a lot more complicated then yours and I had a refusal too but they don't really look through all of that as long as you've had a visa and everything for 2006

[Ko Phyo]

Gentlemen,

What can I say? It's like having very good, knowledgeable and helpful friends.

All I can say is thanks to all of you for your advice and support.

A friend of mine recommended me this website. "SK..Thank you”. After I registered myself and browsed through the previous topics, I soon realised that you guys had made every effort to help people like me.

Pls do keep up with the good work.

KP

PS: To answer John's question, I haven't decided yet whether applying by post or in person. I will let you know.