ILR Refused - Out of Country Right of Appeal

networkers · Post by **networkers** » Fri Feb 13, 2015 7:02 pm

Hi everyone,
I have a friend of mine who applied for ILR after completing 5 years on Tier 1 General. He applied 1st time before his visa expired so all was fine, but his application was invalidated due to payment issues and it return as INVALID. He applied again within 28 days and his application returned again due to payment issues as INVALID. And again he applied within 28 days and this time payment went through successfully and got the Biometric done and recently he got the decision as refusal.
He has been given Out of Country right of appeal against the decision.
He had a discussion with solicitors and they suggested he should apply for judicial review from within UK. His questions are
1. Is it possible to get an in-country appeal when Home office already gave out-of-country appeal?
2. The solicitors is suggesting that he should apply for Pre-Action letter so he can apply for Judicial review which will take 3 months to get the decision is it correct timeline?
3. What’s the best course of action for such applicant?

Please suggest, thank you.

Regards,

Networkers!

Zee ali · Post by **Zee ali** » Fri Feb 13, 2015 7:34 pm

networkers wrote:Hi everyone,
I have a friend of mine who applied for ILR after completing 5 years on Tier 1 General. He applied 1st time before his visa expired so all was fine, but his application was invalidated due to payment issues and it return as INVALID. He applied again within 28 days and his application returned again due to payment issues as INVALID. And again he applied within 28 days and this time payment went through successfully and got the Biometric done and recently he got the decision as refusal.
He has been given Out of Country right of appeal against the decision.
He had a discussion with solicitors and they suggested he should apply for judicial review from within UK. His questions are
1. Is it possible to get an in-country appeal when Home office already gave out-of-country appeal?
2. The solicitors is suggesting that he should apply for Pre-Action letter so he can apply for Judicial review which will take 3 months to get the decision is it correct timeline?
3. What’s the best course of action for such applicant?

Please suggest, thank you.

Regards,

Networkers!

When your friend applied for his ILR ? Is it before 20th october of after?

networkers · Post by **networkers** » Fri Feb 13, 2015 7:48 pm

Zee ali wrote: When your friend applied for his ILR ? Is it before 20th october of after?

Before 20th October.

Manka10 · Post by **Manka10** » Fri Feb 13, 2015 10:16 pm

Why was the application refused??!

Post by **Obie** » Fri Feb 13, 2015 10:32 pm

He should put in an appeal and let the Secretary of State challenge it.

The burden will be on the Secretary of State to demonstrate that both applications were out of time, and both were invalid.

networkers · Post by **networkers** » Mon Feb 16, 2015 10:46 am

Manka10 wrote:Why was the application refused??!

The refusal message is as follows:

Careful consideration has been given to your application and in doing so it is noted that you cannot
satisfy the requirements of Paragraph 245CD. In coming to this conclusion it is noted that you
submitted an application for indefinite leave to remain in the United Kingdom on 0X August 2014
before the expiry of your limited leave to remain which expired on 0X August 2014. Whilst you
submitted this application in-time you failed to submit the specified fee and as such your application
was rejected on 2X August 2014.

Although you submitted a further application for indefinite leave to remain in the United Kingdom
on 0X September 2014 this was then rejected on 2X September 2014 as although you had provided
credit/debit card details, the issuing bank rejected the payment.

In your letter submitted in support of this application for indefinite leave to remain in the United
Kingdom which you submitted on 1X October 2014 you advised that you corrected your mistake
regarding your bank and resubmitted the application.

Whilst you submitted an application for indefinite leave to remain in the United Kingdom on 1X
October 2014 it is noted that the period between the rejection of your application dated 0X August
2014 on 2X August 2014 and your submission of a valid application on 1X 2014 exceeds a
period of 28 days or less. As such you have exceeded any period of overstaying for a period of 28
days or less which will be disregarded, unless the applicant meets the conditions in (f) (i)-(iii) above
and therefore cannot satisfy the requirements of Paragraph 245CD (i).

For the reasons outlined above, your application for indefinite leave to remain in the United Kingdom
as a Tier 1 (General) Migrant is refused as you have failed to meet the requirements of the
immigration Rules under Paragraph 245CD(i) of HC395 (as amended)

networkers · Post by **networkers** » Mon Feb 16, 2015 10:48 am

Obie wrote:He should put in an appeal and let the Secretary of State challenge it.

The burden will be on the Secretary of State to demonstrate that both applications were out of time, and both were invalid.

Hi Obie,

Thanks for your reply, can you please suggest how long such an appeal usually takes as without right to work it is going to be challenging to survive.

Thanks,

Manka10 · Post by **Manka10** » Mon Feb 16, 2015 1:08 pm

Don't wish to discourage you in any way but I have heard of similar cases from immigration solicitors.

A doctor with an established family life in UK with 2 kids had a very similar experience, submitted the application which was returned due to payment issues, he got in touch with a lawyer who prepared the application but was ill-advised regarding which mode of payment to use and the application was returned again by HO due to payment error. Applied again for the 3rd time but HO did not consider the application and retained the passports of all applicants.

There are other cases on this forum where application was returned over payent issues twice and I think were not even given any right of appeal.

Since you have a right to appeal, I suggest you take advice from an experienced and well established immigration lawyer. Lawyers can represent their clients even when the applicants are not in the country and the appeal process can go on regardless. As per the law HO is right in refusing such applications but the judges always take a lenient approach and might overturn HO's refusal considering humanitarian factors and amount of time lived in UK etc.

I suggest you exercise the option you have been given at this stage rather than going straight for the secretary of state. The time to get a decision can vary but this is the only option you have got, follow the course and wait and watch.

Also, a point to note is always pay by bank draft in time sensitive applications so there are no issues with the payment ever.

Goodluck

Post by **Obie** » Mon Feb 16, 2015 2:06 pm

OK have a look at this Thread..

Myself an Vinny, have been constantly updating it.

It may have an answer to your question.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR Refused - Out of Country Right of Appeal

ILR Refused - Out of Country Right of Appeal

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Re: ILR Refused - Out of Country Right of Appeal

Re: ILR Refused - Out of Country Right of Appeal

Re: ILR Refused - Out of Country Right of Appeal

Re: ILR Refused - Out of Country Right of Appeal

Re: ILR Refused - Out of Country Right of Appeal

Re: ILR Refused - Out of Country Right of Appeal