Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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beminegh
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by beminegh » Tue May 20, 2014 1:18 am
I received my refusal for my ILR today in shock and total dismay. I have been given no right of appeal as my current leave expires July 26th. I have a strong defense to my case but with no appeal, what are my options? Apart from requesting for reconsideration from the case worker, what could be my other options? I have been told my current leave remains until the date of expiry and i am wondering why asking for reconsideration with the necessary supporting documents, may be, there are other options that are available to me. Your kind advice is very helpful. My grounds of refusal is purely of misinterpretation of intent and the issue of whether subsisting relationship.
Thanks.
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argus7
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by argus7 » Tue May 20, 2014 11:14 am
what is written in the refusal letter? What is the reason for refusal?
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hsr1972
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by hsr1972 » Tue May 20, 2014 11:20 am
Hi ,
Have you been to PEO or applied Via Post and what is the reason of Refusal .Kindly explain us so that any one in this forum can suggest you based on the refusal reason?
hsr72
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FireballXL5
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by FireballXL5 » Tue May 20, 2014 5:31 pm
It also would be helpful if you said which category you applied under e.g. SET(O), SET(M), SET(LR) etc..
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beminegh
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by beminegh » Tue May 20, 2014 9:56 pm
I applied under SET (M)
Thank you guys for the mails. The reasons:
Your application has been considered against paragraph 287 of the immigration Rules. Paragraph 287 (a) (ii) and (iii)
(i) the applicant is still the spouse or civil partner of the person he or she was admitted an extension of stay to join and the marriage is still subsisting
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner.
Note:
Your civil partner has confirmed in a letter dated 5th May 2014 you have been unable to secure work and had therefore moved to Chesterfield in February 2013 having arrive in this country in June 2012 after being offered work by friends with a valeting service. Your partner lives in Dinas Powys. Your partner claims to have continued to look for job for you since time but has been unsuccessful despite the fact that you have undertaken course in Construction, Security and First Aid.
It is further noted that your and two boys have recently come to the UK and living with you in Chesterfield.
You and your partner were interviewed at the General Buildings Cardiff on 6 May 2014 and asked about your plans to live together in the future. You were asked at Question 25 what is the plan if you get a job in Wales and you answered you would come back to live in Wales. When you asked what will happen to your sister then, who is currently on a visit visa that she will return to Ghana when your tenancy ends in June and you return to Wales.
You further stated at Q33 that your partner has no family and that when you suggested you move the children down to Wales he feels uncomfortable. You were asked at Q34 how will he cope and you stated that you have to do this in a relationship and further confirmed that the plan was to move down to Wales in June. You were asked at Q34 how will he cope and you stated that you have to do this in a relationship and further confirmed that the plan was to move down to Wales in June.
Your partner was asked at Q42 whether he would be better off financially if you lived with him as you had both confirmed in answer to Q12 that you earn approximately £1000 per month which barely covers the rent in Chesterfield and your return train fare and from Chesterfield to South Wales.
You stated in answer to Q14 that you were previously living with friends, but because your Children were coming over, you were forced to rent a house with a rent of £500 per month. You further stated that you told your partner back but he stated that it's better to stay in Chesterfield and work until work until you get to ILR then come back and look for job.
Your partner further stated at Q25 and Q49 that it would be very difficult to manage if you and the Children move to Wales in June as you would all be living off his annuity and state pension and he could not support you and all.
You were asked again at Q43 to explain the discrepancy in your answers in relation to what will happen in June when your current tenancy expires and your partner stated that if you get ILR you will qualify for council accommodation in Chesterfield.
It is considered that your current employment as a valeter is relatively low skilled and low-paid. It is not accepted that you would be unable to find work or similar nature in Cardiff and the surrounding area.
Your application is therefore refused under paragraph 287 of the immigration Rules.
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Amber
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by Amber » Wed May 21, 2014 12:04 pm
Did you supply proof of a subsisting relationship whilst you were living apart?
**this forum is not intended to be a substitute for professional advice**
Click
here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.
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beminegh
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by beminegh » Wed May 21, 2014 4:41 pm
Unfortunately, I took things normal and did not provide much evidence. We only supply the documents required for the cohabitation. However, we have got thousands of communication but as we didn't anticipate we have to proof the relationship, we just submitted the documents. But we have quickly sent bundle of documents, photographs, emails and requested for Reconsideration.
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max4444
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by max4444 » Sat Apr 15, 2017 1:00 pm
My Case is different related to previous earnings:
please advise
Hey Guys -- Urgent
My ILR got refused - From the interview they come to a conclusion that my Self employed earning are not genuine and I was said by home office if the decision is incorrect i can apply for Administrative Review.
I am in dilemma whether to go for AR or not?
What is administrative Review , How much time it will take home office decision ?
what if I do not like to go for AR and Leave the UK how long will it take for Homeoffice to send my passport and how much time i can stay after refusal?
Please any one from this forum please provide response for above.
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Moon84
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by Moon84 » Sat Apr 15, 2017 1:10 pm
max4444 wrote:My Case is different related to previous earnings:
please advise
Hey Guys -- Urgent
My ILR got refused - From the interview they come to a conclusion that my Self employed earning are not genuine and I was said by home office if the decision is incorrect i can apply for Administrative Review.
I am in dilemma whether to go for AR or not?
What is administrative Review , How much time it will take home office decision ?
what if I do not like to go for AR and Leave the UK how long will it take for Homeoffice to send my passport and how much time i can stay after refusal?
Please any one from this forum please provide response for above.
Hi Max444,
sorry to hear bad news did they refused you on deception or they are not satisfied with your current income.
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Casa
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by Casa » Sat Apr 15, 2017 1:18 pm
max4444 wrote:My Case is different related to previous earnings:
please advise
Hey Guys -- Urgent
My ILR got refused - From the interview they come to a conclusion that my Self employed earning are not genuine and I was said by home office if the decision is incorrect i can apply for Administrative Review.
I am in dilemma whether to go for AR or not?
What is administrative Review , How much time it will take home office decision ?
what if I do not like to go for AR and Leave the UK how long will it take for Homeoffice to send my passport and how much time i can stay after refusal?
Please any one from this forum please provide response for above.
Why have you posted this in a 3 year old thread with a refusal that doesn't relate to the OP's issue? Please open you own topic (if you don't already have one) and post there.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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vinny
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by vinny » Sat Apr 15, 2017 1:25 pm
Do
continue in your previous
topic.
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