Urgent ILR advice needed
Posted: Sun Oct 09, 2011 3:50 pm
Hi, I would be grateful if someone can help me by advising me on my current situation.
I have lived in the UK since I was 10 years old where I've attended both primary and secondary school here and went on to achieve good grades (A*s and As). I'm now 17 and in my last year of 6th form completing my A-levels. Both my parents have Indefinite Leave to Remain in the UK and I have a 12 year-old brother born in the UK who's British. My parents both aquired ILR (father in 2008 and mother in 2009) whilst I was living in the country with them but there was a small error of me not being included on their application form as their dependant so I didn't aquire ILR when they did. As a result, my dad applied for Indefinite Leave to Remain for me as a dependent child under 18 of a settled person subsequently. However, my application was refused because I didn't have any valid leave to remain/enter at the time of my application. The UKBA decided to grant me discretionary leave to remain in September 2011 even though they refused my ILR application. Had I been included as a dependant of my parents originally, I would have had ILR by now.
The problem with having been granted discretionary leave to reamain is that I want to go to university next year but I won't be eligible for student support and will be treated as an overseas student. And if I'm treated as an overseas student, I won't be able to afford the fees. Right now, I've heard the only way of aquiring settlement so that I'm eligible for student funding will be to complete 6 years of discretionary leave or to return to my home country to obtain valid entry clearance before coming back to apply as a dependant again. However this will be really difficult for me as I don't have any family I know of who live in my home country to stay with whilst I'm there. All my immediate family and extended family live in the UK and have ILR or are British so I doubt I'll ever be living outside the UK. Also me travelling out of the country would be really innaproriate and detrimental to my studies at this point considering I'm in my final year. Going out of the UK isn't a plausible option and neither can I wait 6 more years which will mean starting university at 24.
So can I please have some advice as to what to do because I can't appeal the UKBA's decision. I've heard of many cases where ILR has been granted outside immigration rules. Is there a way to get the UKBA to review my case again and grant me ILR even if outside the rules on compassionate and compelling grounds based on the information I've given?
I have lived in the UK since I was 10 years old where I've attended both primary and secondary school here and went on to achieve good grades (A*s and As). I'm now 17 and in my last year of 6th form completing my A-levels. Both my parents have Indefinite Leave to Remain in the UK and I have a 12 year-old brother born in the UK who's British. My parents both aquired ILR (father in 2008 and mother in 2009) whilst I was living in the country with them but there was a small error of me not being included on their application form as their dependant so I didn't aquire ILR when they did. As a result, my dad applied for Indefinite Leave to Remain for me as a dependent child under 18 of a settled person subsequently. However, my application was refused because I didn't have any valid leave to remain/enter at the time of my application. The UKBA decided to grant me discretionary leave to remain in September 2011 even though they refused my ILR application. Had I been included as a dependant of my parents originally, I would have had ILR by now.
The problem with having been granted discretionary leave to reamain is that I want to go to university next year but I won't be eligible for student support and will be treated as an overseas student. And if I'm treated as an overseas student, I won't be able to afford the fees. Right now, I've heard the only way of aquiring settlement so that I'm eligible for student funding will be to complete 6 years of discretionary leave or to return to my home country to obtain valid entry clearance before coming back to apply as a dependant again. However this will be really difficult for me as I don't have any family I know of who live in my home country to stay with whilst I'm there. All my immediate family and extended family live in the UK and have ILR or are British so I doubt I'll ever be living outside the UK. Also me travelling out of the country would be really innaproriate and detrimental to my studies at this point considering I'm in my final year. Going out of the UK isn't a plausible option and neither can I wait 6 more years which will mean starting university at 24.
So can I please have some advice as to what to do because I can't appeal the UKBA's decision. I've heard of many cases where ILR has been granted outside immigration rules. Is there a way to get the UKBA to review my case again and grant me ILR even if outside the rules on compassionate and compelling grounds based on the information I've given?