very complex situation

[odilo]

hi everyone

im gonna try to summarize my story in bullet point :

- april 2007 visa application for further leave to remain as a student
-september 2007 visa refuse
-september 2007 appeal
-december-2007 appeal denied
-december 2007 appeal for reconsideration
-january 2008 appeal denied
-february 2008 fresh application accredited as valid
-july 2008 master degree awarded
- july 2009 through my MP home office setting latest date to decide my application by july 2010 and that i dont have the right to work now
-july 2010 still waiting
-october 2010 received an offer from a tier 2 sponsor
-yesterday hired a solicitor to push my application by writing to HO

I am not sure if i am classified as an overstayer and would be subject to the ban if i withdraw the current application and go back to my country to reapply.

i would be greatfull if anybody can give me advice on my situation or if they experienced a similar situation in the past

Many thanks

[geriatrix]

Out-of-time applications do not have section 3c protection and your application in Feb 2008 was an out-of-time application. My guess is that your application is sitting with UKBA for so long 'coz they haven't decided whether to grant you discretionary leave to remain (which is usually granted outside of immigration rules).

IMHO, in absence of section 3c protection on your currently under process application, you have been an overstayer since Jan 2008.


regards

[odilo]

thanks a lot for the swift reply. in your opinion would i be subject to the re entry ban noting that i made the fresh application less than 28 days after i received the appeal decision?

[odilo]

im thinking about going back to my country and reapply from there . im thinking of contacting the home office asking if i would be subject to the one year ban if i withdraw my current application. do you think this would help?

[geriatrix]

Section 3c protection ends when all appeal options are exhausted. And as per the timelines in your post that seem to have happened in Jan 2008.

Submitting a fresh application when not holding valid leave to remain in the UK does not provide section 3c protection.


regards

[odilo]

thank you very much sushdmehta . so apparently my only option is to wait for the home office to reply and hope that they will grant me a leave outside the rules . i am not sure about my chances, but the fact that they have been holding my documents for so long gives me some hope.
thanks again, and i would very much appreciate any additional input to my case