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SET(LR) application refused

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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shazeb
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Posts: 6
Joined: Fri Nov 13, 2015 4:28 am

SET(LR) application refused

Post by shazeb » Wed Dec 02, 2015 12:12 pm

Hi
I am not sure whether i m posting this on write place but please guide me my situation is that mu 10 yrs ilr
has been refused due to the gap in 10 yrs lawful residence not cos of my fault but due to HO fault as they lost my passport and supporting documents when i applied for my student visa extension in in 19 dec 2007.

I made an intime extension application on 28th Nov 2007 which was rejected 05 Dec 2007 and returned back to me cos some supporting documents and was asked to apply again I applied again on 19th Dec 2007 but after 1 month of wait I rang HO about my application as i never received no acknowledgement letter after posting my application and I was told that my application has been rejected and sent back to me which I never received and HO made an inquiry about it and told that my packet has been lost in post(Royal mail) from HO to my address and I was asked to get a new passport from my consulate and apply again as I was the university student at that time. So it took me about 5 months to obtain a new passport and apply to HO after that HO took a long time to decide my application and I applied for PSW in feb 2010 which was granted. My question is whether I m covered by law so that I can claim my lawful residence in UK as I have been without visa for over 2 yrs just cos of HO lost my passport and documents. please help thanks

avjones
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Location: London
United Kingdom

Re: 10 years long residence applications

Post by avjones » Wed Dec 02, 2015 3:06 pm

I think there is a problem here. Your application was rejected on 5th December, were you out of time by 19th Dec and you made a further application?

The Home Office rejected that one too, and it was after that rejection that your documents were lost?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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CR001
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Location: London
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South Africa

Re: SET(LR) application refused

Post by CR001 » Wed Dec 02, 2015 3:30 pm

Going by what you have posted, Royal Mail lost your documents not HO. 2 years without a visa and out of time applications breaks residence.

What is your current visa category?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

shazeb
Newly Registered
Posts: 6
Joined: Fri Nov 13, 2015 4:28 am

Re: SET(LR) application refused

Post by shazeb » Thu Dec 03, 2015 3:00 pm

yes i was told by home office for 19th dec application that my documents and passport is lost in transaction fro HO to my address and they send me the recorded delivery no which the royal mail had no record which i still got. After that HO told me that they will make an inquiry where the package is gone, after a month or so i was asked to get a new passport and apply again with all the supporting documents and it took about 2 yrs to get my PSW visa by going to the solicitor and he dealt with my case and got me PSW. I am on tier1 general currently.

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