ILR Tier 2 route Refused for application being made early

[Salim100]

Hello,

Thanks for your help in advance. I have a query regarding the recent visa refusal I had for my ILR application.

I was granted my Tier 2 on 21 /02/ 2011. Prior to that I was on PSW visa which expired on 23/01/2011.

Unfortunately I was always under the belief that my qualifying period for ILR started straight after 23/01/2011. Based on that impression, ( and also considering the provision that an application can be made 28 days before the actual qualifying period) I attended premium appointment for IlR on 20/01/2016. The application was refused as it was made few days before the due date and H/O said I did not complete the qualifying period for ILR. Then I submitted admin review which was also unsuccessful.

I have already paid £1900 premium fees plus £80 towards admin review. I have to pay again for my new application !! I appreciate that I have made an error in my judgement but I feel it is a totally disproportionate consequnce to a 'harmless human error'. Is this justifiable to charge such an enormous amount because someone has put an application in few days prior their due date. H/ O could have hold onto my application till the due date or ask me to come back at a later date or even charge some part of the fees I paid which I can understand. I think it is totally unfare to penalise people like this and I just wonder if I have any legal grounds to challenge UKVI decision of refusal.
Thanks for your great help in advance ! I would really appreciate that.

[vinny]

You qualified for ILR on Sunday, 24 January 2016. It does seem a bit disproportionate. A kinder caseworker could have deferred making the decision for a few more days.

Make a new application now and perhaps complain after your ILR is granted.

[Salim100]

Hello Vinny, Thank you very much for your prompt response. I will make another application and put a complaint after. IThank you.

[nshilu]

I did the same mistake
They have returned my passport and brp and said if you will
Not apply for admin review the. You will get your docs
Back after 14days!

@salim what happened to you eventually hope you got ilr
At your second attempt

[nshilu]

Hello Vinny, Thank you very much for your prompt response. I will make another application and put a complaint after. IThank you.

Hi Salim100, Could you please help me , How did you resolve the ILR refused application. Did they send you your documents after 14 days! Please advise.

Best Regards,