ILR refused on long residency basis

[Feelingblue]

Hi everyone..I need urgent help...I'm been reading on this forum from a quite a while now and there r very helpful ppl around here..I hope someone can help me out as well because I m very stressed out right now...
Let's start with my immigration history I came to uk in June 2006 as student.
Done two extension on student visa until 2010. Then
Garanted ps4 which expired on Feb 2012.
Applied for tier 4 but refused due to statement issue..
Applied against the refusal and got hearing around August 2012 which was dismissed under immigration rules but outstanding matter of Humn rights was referred back to ukba for further consideration.
Didn't hear from ukba for about 7 8 months..but still pursued my acca...which I applied the tier 4 visa for. After 8 months ukba finally replied to on of my several letters to them saying I got no outstanding matter to consider and I shall leave the country..
I got the lawyer n they managed to get acceptance of outstanding issue of human right F om ukba.but then ukba refused the matter with right to appeal..
I appeal against the decision which was held in first tier tribunal in 2014.but got refused.
Applied for permission to appeal to first tribunal for the decision but got rejected.
AppLied for permission to appeal to upper tribunal and got rejected and my all appeal rights were exhausted on 5th Nov 2015.
I m due to complete my 10 years on 20th may 2016.
Spoke to lawyer and he advised to put pre mature ilr application which we posted on 25th Nov 2015...being within 28 days of grace period...
Ukba refused my ilr on 23 March 2016 saying that I have only been in uk for 9 years and 5 months F om 17th June 2006 till 5th Nov 2015 when my appeal rights were exhausted.
They also mentioned that my application was out of time...and didn't give me any right of appeal..in fact it says in refusal that I should leave uk or I will be liable to be removed from UK as will be count overstayer..unless if I hve any reason to remain in UK I should tell them now using appropriate Form..
I'm so stressed out and disheart I'm only 1 month and 20 days away from my 10 years to complete and I got rejected with no right to appeal or anything..I don't know what to do..I came so far I don't want to give up to be honest..can anyone please advise me what's the best course of action i shall persue..
One more thing I have wife and 9 months daughter here...they both gona be my dependent as well...but they have to rely on my visa..
Right now my lawyer is saying we should file for reconsideration and may apply to first tribunal asking them to give us chance to appeal and then vary the appeal to 10 years long residency ilr.but someone told me that I should after filing reconsideration on 25th April when n I will be 28days away from completion of 10 years I should put another fresh application for ilr.i don't know what to do to be honest.whag will be status of my continuous long residency will be or what is best to do..I hope someone experienced here can put some light.thnks in advance for taking time and reading my story.

[vinny]

Probably difficult to succeed under Long residence, as refusal decision was prior to you being eligible.

[Feelingblue]

But I was reading somewhere that I may get successful ilr if I apply again keeping my 28 days grace period....because I still have few days left from that grace period as I applied ilr on 20th day and I was thinking if I apply within next couple of days I may still fall under 28 days grace period..but then again I don't know if they gona consider my continuity till now or till they make decision on my next application....
Or I just let my solicitor to file administrative review of the refusal...I don't know to be honest what to do..I have no other choice to remain in this country if I don't get my ilr..

[m arshad]

Hi vinny just to clarify one point like you said that the refusal decision was prior to completing the required qualifying period even the op completed the period would they still refuse on the basis that you only been in uk from June 2006 to Nov 2015. As they are not saying that you have been in uk from June 2006 to 23 March 2016? Reading your other posts I think date of decision matters for long res applications or the date of application? I appreciate your response. Thanks.

[Obie]

A refusal on Long residence basis carries a right of appeal.

That should be the focus of the challenge now.

If you are able to get an appeal right, the period up to appeal will be counted, as it cannot be said the refusal of ILR amounts to determination of your application.

[Feelingblue]

Thnx for ur replies so far guys...obie u this is what my solicitor saud as well to get appeal right from first tribunal...and if first tribunal thinks that my application have enough weights in the grounds they can allow my appeal n then we can vary that appeal to ilr...but what if they won't accept n don't give me right to appeal...in that case I will be back to zero with nothing in hand to fight..so what if I put the case for reconsideration and in couple of weeks or so I put new application for ilr. Bit then again I don't know if home office will accept my application and grant me leave because they already said my continuous period ended on 5th Nov when my all appeal rights were exhausted...
It's such a pitty that I'm only 1.5 month away from qualify 10 year route for ilr and I got rejected..I feel like I'm stuck and got no option in front of me..every path is looking grey...

[Obie]

The only option you have is the one I mentioned, which is to challenge the refusal to give appeal rights again the results of long residence.

[Feelingblue]

But obie my ilr application was out of time...u think they will give me right to appeal....?I was reading somewhere if u apply for out of time application you don't get right to appeal...maybe I'm wrong..don't know..

[Feelingblue]

Hi my ILR refused on 23 March and I made out of time application on 25th November 2015 which is been rejected.. I came to this country on 17 June 2006 and I qualify for ILR on 20th may 2016..so just 1.5 month short..Now I'm consulting with different solicitors and all of them have different options..can I make another application within 28 days for ILR for shall I make application for FLR FP and then vary that application to ILR on 20th may 2016 when I will be entitled for 10 year long residency route..if any senior members an say something about my situation I would really appreciate..because I'm so stressed out..thanks in advance..

My solicitor gave me advice today to pit for reconsideration asap and try to ask ftt for right of appeal..because they didn't give me one when refused my visa...and if we don't get right of appeal he saying we should try JR...

[Feelingblue]

Hi...I think someone send me private message but for some reason I cannot see it...In mean while if anyone can help my situation it would be really appreciated..I'm.very stressed...
Today I received the is96 notice of liable detention and they asking me to attend next Thursday 4th April to Croydon lunar house...I don't know whats hepining...

[Casa]

Hi...I think someone send me private message but for some reason I cannot see it...In mean while if anyone can help my situation it would be really appreciated..I'm.very stressed...
Today I received the is96 notice of liable detention and they asking me to attend next Thursday 4th April to Croydon lunar house...I don't know whats hepining...

Members are unable to send or receive PMs until they have made 30 posts.

[Feelingblue]

I desperately seeking help....but no one here is giving any suggestions or help....I'm so worried about my situation..please if anyone have any similar experience or knows anything which can help in my case pls replay....

[pink85]

I desperately seeking help....but no one here is giving any suggestions or help....I'm so worried about my situation..please if anyone have any similar experience or knows anything which can help in my case pls replay....

Hi..can u explained me about ur ilr application considered word

Like paragraph 276ade(1) or 276 b
My friend have similar case like u u can leave ur contact on
Email address removed by moderator

[Feelingblue]

I desperately seeking help....but no one here is giving any suggestions or help....I'm so worried about my situation..please if anyone have any similar experience or knows anything which can help in my case pls replay....

Hi..can u explained me about ur ilr application considered word

Like paragraph 276ade(1) or 276 b
My friend have similar case like u u can leave ur contact on
Email address removed by moderator

Hi Pink85...thmx for ur replay I didn't see earlier..I gave up that someone here will advice me or help me out that's why I didn't check my post since last week...can u please elaborate little bit more what u trying to ask...because I didn't get it...and u saud there is someone who had case like me..can u advise me what they did in the end which route they chose.

[awan123]

Hi my ILR refused on 23 March and I made out of time application on 25th November 2015 which is been rejected.. I came to this country on 17 June 2006 and I qualify for ILR on 20th may 2016..so just 1.5 month short..Now I'm consulting with different solicitors and all of them have different options..can I make another application within 28 days for ILR for shall I make application for FLR FP and then vary that application to ILR on 20th may 2016 when I will be entitled for 10 year long residency route..if any senior members an say something about my situation I would really appreciate..because I'm so stressed out..thanks in advance..

My solicitor gave me advice today to pit for reconsideration asap and try to ask ftt for right of appeal..because they didn't give me one when refused my visa...and if we don't get right of appeal he saying we should try JR...

Hi Feelingblue, did you manage to get appeal right. Please update me. Thanks

[Ars786]

Hello guys, any updates about appeal right, and you put the fresh application, did u get visa or still u guys appeals pending?

[CR001]

Hello guys, any updates about appeal right, and you put the fresh application, did u get visa or still u guys appeals pending?

Kindly refrain from digging up topics from 2016 and tagging on. Please continue in your own topic you already have.

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