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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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There! I was a victim of a scam solicitor. From student

Customer Question

Hi there! I was a victim of a scam solicitor. From student visa he encouraged me to apply for Carer's visa under Zambrano category as I was looking after a young disable lady with a very rare condition. He also overcharged my visa fee... I then received a refusal letter and I got it after the 28 day period for appeal. I asked the advice of a solicitor and he told me that I can only apply for discretionary leave under Human rights.
Is there a consideration like compassion case for my situation as it wasn't my intention to overstay?
Also, I'm a qualified nurse in our country.. Can I use that so I can stay here in UK?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
When was your visa refused?
How long have you been in the UK?
Do you have any children in the UK?
Kind regards
Customer: replied 2 years ago.
My visa was refused last year on May but I received it July... I came here in UK last July 2010. I haven't got any children or partner here...
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Unfortunately , I have had a similar case recently and what the court decided in this case was that although they sympathies with the applicant there is no rule which allows the court to grant them a right to remain in the UK on the basis of a mistake by their immigration adviser.
It all comes down to the applicant and although the applicant does have a civil debt recovery claim against the adviser there is nothing in the immigration rules which allow the home office to grant individuals right to remain in the UK on the basis of being mislead by an adviser.
Furthermore, you do not have any strong connections in the UK ie partner, children etc which means that there is no interference with your family life if you were to be returned to your home country. The fact that you are a qualified nurse does not automatically grant you a right to remain in the UK, the fact is that you have overstayed whether intentionally or not and the home office will take this into account when deciding any application you submit.
In respect of an application, you can try and submit one on the basis of human rights but in my opinion you have none. Any application you submit is likely to be refused and also any appeal you submit will also likely be refused for the same reason.
Unfortunately the home office have very strict rules regarding overstayers and it is unlikely they will exercise any discretion in your case.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.
I understand, but how about my right to appeal? They sent me the decision of Home Office after the 28 day period... I would've file for an appeal if I haven't receive it late... Also, if I try to apply for visa under human rights while the process is ongoing a company will sponsor me. Is that possible that I can get a work permit?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If you received the right to appeal the period for the appeal will start from the date of receipt not the date they issued it, therefore you should state the date you received the appeal and start counting 10 days from the date of receipt.
Yes you can try and get a work permit, but just keep in mind that when you do apply for a work permit you will be doing so as an overstayer because you will need to withdraw your appeal and then apply for a work permit.
I hope this clarifies the matter, if so please provide a rating so i can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
So you mean If I apply for visa under human rights while on process, I have found an employer who can sponsor me then I can withdraw my application and apply for the work permit inside UK?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes you would need to of course get all the application and documents ready and then as soon as you wish to submit the application, write to the tribunal to withdraw your appeal and then the next day submit the application.
What you need to bare in mind is that although you are allowed to submit the application for a work permit from inside the UK you will be doing so as an overstayer and the application can be refused simply for this reason. So please bare this in mind when withdrawing any appeal and submitting another application.
I hope this clarifies the matter.
Kind regards
Customer: replied 2 years ago.
Are you saying that there is still a possibility that the home office will grant my work permit application? What if I got all the documents ready for work permit application and I go back to my country to do my application there, are they going to grant my new application?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
As I stated earlier that you will be an overstayer so it will be difficult for you to obtain a visa from inside the uk although it may be considered.
In respect of applying from outside of the uk your application has a better chance. But as you have overstayed the home office can ban you for a period of 12 months from applying once you leave the uk.
I hope this clarifies the matter.
Kind regards

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