won AIT case and issued with discretionary leave to remain

[mayega]

First of all, thanks to every one who contributes on this forum, you are doing a great job.

After 2yrs of fighting with the home office, 2yrs of reporting to Becket house weekly, 2yrs of going in and out of AIT and winning even after they got a reconsideration, I have finally been issued with a discretionary leave to remain for 3yrs and to be renewed in 2011. My case was won on article 8, right to a private life. i really feel the homeoffice have short changed me because according to documents issued to me, my wife can't join me until i complete 6yrs of discretionary leave. i would appreciate any advice since i have googled this issue and seem to arrive at nothing.

I know i am propably fighting a lost cause, but is there any other type of visa i can apply for on her behalf?
Thanking you guys in advance.

[republique]

And where are the details of your case?

[mayega]

Its a complicated case, but i will try and make it as short as possible. i arrived in the uk 1998 on a student visa from Ghana. Due to family problems and pressure i failed to renew my visa in 2000. i was then looking after my mother (british), 2 younger brothers (british) and was working full time and paying tax and council tax. i got married to my wife in 2004 in the UK who was then on a 2yr multiple visa. In the same year i saw a lawyer who said i could apply for ILR based on my mum being british, who i later got to know was bogus. She submitted my application and i got a receipt from the homeoffice. i did not hear from the homeoffice and in 2006 i wrote to the homeoffice and got a reply without my passport and that my application had been refused. i had 5 days to appeal and i was to report to becket house enforcement center. I got a new lawer and started my battle with the homeoffice. This is just a summary of my case although it entails more than this.

[republique]

Its a complicated case, but i will try and make it as short as possible. i arrived in the uk 1998 on a student visa from Ghana. Due to family problems and pressure i failed to renew my visa in 2000. i was then looking after my mother (british), 2 younger brothers (british) and was working full time and paying tax and council tax. i got married to my wife in 2004 in the UK who was then on a 2yr multiple visa. In the same year i saw a lawyer who said i could apply for ILR based on my mum being british, who i later got to know was bogus. She submitted my application and i got a receipt from the homeoffice. i did not hear from the homeoffice and in 2006 i wrote to the homeoffice and got a reply without my passport and that my application had been refused. i had 5 days to appeal and i was to report to becket house enforcement center. I got a new lawer and started my battle with the homeoffice. This is just a summary of my case although it entails more than this.

How ugly being taken by the first attorney.
As you said it is complicated and it is a miracle you got discretionary leave. I'd go back to that solicitor who helped your case but the HO stating you have to wait 6 years is not an unusual stance. Be prepared to fight again but there is no easy solution to your case.

[mayega]

Thanks for your reply.

this is what happened at the AIT hearings from my first hearing july 2006 to my last hearing september 2007. I won my first hearing and homeoffice were giving 10 days to appeal which they did because according to them there was a material error of law. It went to a senior immigration judge who took about 3 weeks to decide that there was a material error of law and all facts should be brought before him in a few weeks. All facts were brought before him and he ordered a full reconsideration. i went to court again in september 2007 and got the determination in november. The jugde said there was a material error of law and corrected it and still put it in my favour. Homeoffice had 10 days to appeal and this time did not.
After 4 months of waiting for my passport i wrote to my MP who wrote to the homeoffice, they replied and apologised for the delay saying there was an administrative error. i only got my passport back on wednesday with a limited leave to remain stamp renewable in 2011 and entitled to all state services.

[raina]

Mayega-Congrats on being succesful eventually.

News like yours gives hope to many people stuck here in different circumstances.

I have a friend who has been told to apply under Exceptional/discretionary leave as well.
Can you tell us how much these AIT court hearings cost? As she is worried about the cost factor and so has not yet gone ahead.

[mayega]

Hi, Thanks. For each time i went to court i paid my solicitor about £545, not Cheap considering these hearings dont last long. Anyway goodluck to ur friend and tell her not to giveup.