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Flr (FP) was rejected as invalid - Due to Solicitor negligence

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

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frank_j777
Newly Registered
Posts: 1
Joined: Mon Oct 08, 2018 8:35 pm
United Kingdom

Flr (FP) was rejected as invalid - Due to Solicitor negligence

Post by frank_j777 » Mon Oct 08, 2018 9:54 pm

Hello
I submited the FLR (HRO) applicatio on 08/01/2018 then i submited FLR (FP) applicaton to HO to be varied on 09/07/2018.
My solicitor advised that they will ask HO to use the fees from previous application and tranfer it to new FLR (FP) application.
Then HO sent a letter to my solicitor on 25/07/2018 and requested a futher payment of £100 and requested some missing information for the application to be provided within 10 days.
My solicitor recived the letter on 27/07/2018.
Then the case worker who handle the case did not inform us about this letter and 10 days passed without us knowing about it.
Then my solicitors (case worker) replied to HO on 07/08/2018 saying this was a varied application from FLR (HRO) to be varied to FLR (FP) so please consider that no need to pay the fee. (she tried to cover her self)
And again she did not inform us about this reply letter to HO.
I have emailed the case worker few days before and few days after on these days to ask if she received any correspondance from HO and she replied that there is nothing related to our application. (she lied to us)
Then on 17/08/2018 HO sent another letter saying that we told you on 25/07/2018 to pay the fee and you failed to do that, due to this reson we are rejecting your application as Invalid & gave us 28 days to submit a new application.
By this time the case worker left the solicitor firm and no one cared about her files and the letter received on 17/08/2018 was informed to us by another case worker on 03/10/2018. That is 47 days late.
Now we became overstayers due to solicitor negligence.
HO refunded the IHS fees but not the application fees.
Then from the solicitor firm one of the partners had a face to face meeting with us and adviced us to write a letter and they have admitted the case workers negligence on that letter and ask HO to not to penalise us and reconsider the application.
We are waiting for HO reply
We came to uk on 09/2009 and until 17/08/2018 we have not overstayed & we were lawfully living in UK. We are planing to submit ILR (10 year) route on 09/2019. So we want to know due to solicitor negligence our whole ILR path will ruin?
We are in a really stressful condition due to this issue and any helpful answers will be appriciated.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Flr (FP) was rejected as invalid - Due to Solicitor negligence

Post by cyclina1 » Tue Oct 09, 2018 12:34 pm

Do you really have a very strong case to apply for private life?

You may also need to think that if you leave the UK, can you re-enter again by the other visa?

Because for ILR LR, if you can reenter the UK legally within 180 days after your previous visa expired, you can still be considered as "continuous residence" Although you overstay, this should not affect your chance to grant ILR LR in the future...
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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