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DLR refused due to subsisting evidence

General UK immigration & work permits; don't post job search or family related topics!

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Tomak
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DLR refused due to subsisting evidence

Post by Tomak » Tue Sep 08, 2015 10:44 pm

I am very new to this awesome forum.

I received a recorded delivery letter from Home Office dated 1st September 2015 which states the my DLR extension had been refused as I couldn't provide subsisting evidence.

Here is the brief:

I shall be completing my 10 years lawful stay in UK around 21st Sept.2015 (this month), need to consider my options to go through to that.

According to Home Office letter I have 14 days from 1st Sept. 2015 date of the letter to send in appeal application.

I had leave to remain at the time I applied for permission.

No child.

I am in Bristol.

Was diagnosed with a medical condition in July 2012, related health visitor to the block raised issues which lead to the council giving me supported house.

Wife visited often, spends some weeks but kept procrastinating on moving in with me.

When general eviction was order on the flat we shared before my sickness, she claimed to be with the mother.

Lately, she only appears with excuses to borrow small money and take food from the Spam.

Phone goes to voice mail when I called but call when she want to see me with same no., suggestion of sim card change over.

Ever since she txt on 24th August 2015 she was coming in response to my text, she never showed up and I couldn't track her to even give a ''consent letter'' regarding the subsisting doc prior to my sending the requested docs to Home Office.

She is said to be more involved with group of girls known to be involved in substance driving from one town to another.

I have extended families who are my families here in UK, the Home Office reference to me having sisters, brother and mother in Nigeria, they are steps, and what I passed though then in Nigeria isn't an option. As the first son, the tenseness was high.

Is there any way forward for me please? Need your advice.

I do notice some of the mods here provide paid services and would be kind if somebody could tell me more about either Obie or Amber's office phone lines so I can book an appointment with them please.

Am so sorry for the long story - just feel to detail for clarity.

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Casa
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Re: DLR refused due to subsisting evidence

Post by Casa » Wed Sep 09, 2015 9:06 am

I won't comment on your post as it is far too complex for me. As Amber hasn't been on the forum recently, I feel I should emphasise on her behalf that Amber is against Moderators or members charging for advice (as I am).
(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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CR001
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Re: DLR refused due to subsisting evidence

Post by CR001 » Wed Sep 09, 2015 9:50 am

Casa wrote:I won't comment on your post as it is far too complex for me. As Amber hasn't been on the forum recently, I feel I should emphasise on her behalf that Amber is against Moderators or members charging for advice (as I am).
+1
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.

Obie
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Re: DLR refused due to subsisting evidence

Post by Obie » Wed Sep 09, 2015 12:46 pm

Casa wrote:I won't comment on your post as it is far too complex for me. As Amber hasn't been on the forum recently, I feel I should emphasise on her behalf that Amber is against Moderators or members charging for advice (as I am).
And just for the avoidance of doubt, this is a policy that I hold dearly to aswell.

I think it will be safe to say that any member or especially moderator will be acting in manner consistent with "derelictions of duty" if they did that.

Suffice to say I have never, and I am sure no member on this forum will say that I have ever charged them for advise I provided them on the forum.

I have never advertised or asked people to come to me, as I have enough to do as it is.

I don't wish to elaborate on help or assistance I have offered to people outside the scope of the forum, pro bono or otherwise, as this will get us into the territory of advertising.

It is unfortunate that those i assisted outside the forum , in their time of need , following malpractices from their so called advisers, decided to do what they had promised they will not do.
Smooth seas do not make skilful sailors

Tomak
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Joined: Tue Sep 08, 2015 9:04 pm

Re: DLR refused due to subsisting evidence

Post by Tomak » Thu Sep 10, 2015 6:59 pm

I didn't mean to upset any settings please, just wanted ideas to help me jump the ''immigration Barbarians'' who are restless all night dreaming up measures geared toward BLOCKING VISAS OF ALL KINDS, and still toothy- smiling & talking about ''Freedom & Human rights.

I think you know & you know you know, so please help !!!

Blissful day, y' all.

Obie
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Re: DLR refused due to subsisting evidence

Post by Obie » Thu Sep 10, 2015 7:44 pm

Have you passed your life in the UK Test and B1 English language.

My advise will be for you to appeal.

You case is not a weak one.
Smooth seas do not make skilful sailors

Tomak
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Joined: Tue Sep 08, 2015 9:04 pm

Re: DLR refused due to subsisting evidence

Post by Tomak » Wed May 17, 2017 3:43 pm

Hi all,
Thanks to the Gurus for their successful advises and congratulation to those able or lucky enough to jump the HO hurdles.

There is a bit of narrative in this my posting, just spare a second to check my points out please!
With No last 2 years subsisting evidences to bate the HO with, I decided to venture.

I appealed my DLR extension refusal as advised.
On 08/03/2016 I vary to 10 years long residence, I included KOL & LIFE in the UK test result.
DECISION came back as REFUSED on 25/07/2016. Sighting was overstaying with ref. to para 276A and not meeting para 276B(i)(a) of HC395(as amended) …..… ….. ……

My SAR received outline as follows:
Arrived the UK on 21/09/2005 as a student, visa valid fr 19/08/2005 -- 19/02/2006

Work permit applied for on 20/02/2006, issued fr 03/11/2006 – 15/03/2010
College send app (out of time) on 18/03/2006, issued fr 20/04/2006 – 30/04/2007 (26 days gap)

Applied for FLR(m) ‘spouse’ on 08/05/2010, app was returned as INVALID dated 20/05/2010, payment was cleared and retained, only had to add £10 on submitting another form on 12/06/2010 (22 days gap)

I do not fall under the general grounds for refusal.
My DBS check is yearly except last year
Never travel out since 2005

I also think these ‘’2 gaps’’ (26 & 22days) of overstaying falls within the 28-day of grace.

I want your advice on what to do as it’s already getting to 10 months now please?
Thanks for your time!

ouflak1
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Re: DLR refused due to subsisting evidence

Post by ouflak1 » Thu May 18, 2017 1:38 pm

Tomak wrote:Hi all,
Thanks to the Gurus for their successful advises and congratulation to those able or lucky enough to jump the HO hurdles.

There is a bit of narrative in this my posting, just spare a second to check my points out please!
With No last 2 years subsisting evidences to bate the HO with, I decided to venture.

I appealed my DLR extension refusal as advised.
On 08/03/2016 I vary to 10 years long residence, I included KOL & LIFE in the UK test result.
DECISION came back as REFUSED on 25/07/2016. Sighting was overstaying with ref. to para 276A and not meeting para 276B(i)(a) of HC395(as amended) …..… ….. ……

My SAR received outline as follows:
Arrived the UK on 21/09/2005 as a student, visa valid fr 19/08/2005 -- 19/02/2006

Work permit applied for on 20/02/2006, issued fr 03/11/2006 – 15/03/2010
College send app (out of time) on 18/03/2006, issued fr 20/04/2006 – 30/04/2007 (26 days gap)

Applied for FLR(m) ‘spouse’ on 08/05/2010, app was returned as INVALID dated 20/05/2010, payment was cleared and retained, only had to add £10 on submitting another form on 12/06/2010 (22 days gap)

I do not fall under the general grounds for refusal.
My DBS check is yearly except last year
Never travel out since 2005

I also think these ‘’2 gaps’’ (26 & 22days) of overstaying falls within the 28-day of grace.

I want your advice on what to do as it’s already getting to 10 months now please?
Thanks for your time!
Do you have any application in process at the moment?

Tomak
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Posts: 6
Joined: Tue Sep 08, 2015 9:04 pm

Re: DLR refused due to subsisting evidence

Post by Tomak » Thu May 25, 2017 3:02 am

Thanks Ouflak1
Sorry for the late response pls!
I appealed the decision, still awaiting date for hearing, just don't know what to do next apart from waiting.

My enquiry reply to the FTT dated 07/04/17, they said average decision period is 48 weeks. Hearing waiting time do fluctuate however, & some appeals takes longer to decide, e.g. if they incur adjournments. And that they are following the guideline of the Presido of FTT (IAC) i.e. priority is being given to hearing date, with asylum appeals being top on the list.

With the lawyer I used not answering my calls nor responding to my emails despite the huge payment, I was wondering if it ok for me to send representation ''stating clearing'' the said overstayed periods with ref. to SAR & paragraphs as reflected in immi law.

The representation copy the law firm send to me was like begging not really addressing the issue with references.
I'm confused. Any idea please?

Tomak
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Posts: 6
Joined: Tue Sep 08, 2015 9:04 pm

Re: DLR refused due to subsisting evidence

Post by Tomak » Fri May 26, 2017 12:28 am

Ouflak1,
I don't have any other application, apart from the pending appeal

Tomak
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Posts: 6
Joined: Tue Sep 08, 2015 9:04 pm

Re: DLR refused due to subsisting evidence

Post by Tomak » Wed Jun 07, 2017 12:44 am

Still awaiting ideas/way-forward please!

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