- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Jojo19 wrote: ↑Sat Mar 02, 2019 8:13 pmI need advise pls.
My ILR was refused for applying early. I was given contradictory advice by the HO that the application date was your biometric date. But the refusal letter stated application date.
I later found out my two 30 months leave was never 60 months in total. It was 15 days short.
Dates : 19th Feb 14 - 4 Feb 19
I wrote to HO to reconsider because I was given wrong information when I called prior to me applying. At the time there was no guidance online when I applied that’s why I called HO in the first place.
Also the refusal letter was dated on the 18th feb when I had completed the 60months but no discretion was applied to me.
I received a letter back that only addressed the application date again and totally ignored the remaining points I made. but was more interested in me paying the IHS fee for LLR.
It’s funny that the HO could delay my application for a month despite paying super priority. That 1 month and fours days has cost me to miss out on the 5 years route. They havent still refunded my priority fee but requesting additional fees to put me on the 10 yrs route.
My question is can I apply for a judicial review? Can I collect another limited leave and still pursue the Judicial review?
I have until next week to pay so I need advise please.
Hi Vinny,vinny wrote: ↑Sun Mar 03, 2019 3:49 amUnfortunately, they seem to have a habit of refusing early applications.
However, do complain if they failed to grant extra days in your previous extension.
Moreover, if you satisfied the requirements on the date of the decision, then you should have succeeded.
Thanks vinny for your help I really appreciate this.vinny wrote: ↑Sun Mar 03, 2019 8:01 amIf you satisfy the requirements now, then reapply for ILR within the time limits given by the caseworker or within 14 days of the refusal under 39E. Give good reasons for applying out-of-time.
After it's granted, then perhaps further complain to the Home Secretary (possibly via MP) for an unlawful refusal? Ask for an ex-gratia payment of the fees due to the incorrect telephone advice and refusal?
Is 14days from d day letter was typed or when it was received?
Thanks alot. It wasnt stated on my letter
Thanks alot. I was thinking because 500pounds is easier to pay now but when I think of it, it resets me back to 10yearsaman90 wrote: ↑Sun Mar 03, 2019 3:04 pmI’m not sure how this new visa you’ll go on works..
Hopefully it doesn’t restart ur ILR clock. The letter should atleast tell you when you are eligible to apply for ILR.
Judicial reviews are expensive too..
Currently you are an overstayer till you either file a new application TODAY or you accept this new visa.
I’m hoping that you can re apply for ILR as soon as possible after accepting the visa they are willing to grant you..
Hi,
Hi Konzo,Konzo1 wrote: ↑Thu Apr 18, 2019 1:56 pmCalculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
https://assets.publishing.service.gov.u ... -v18.0.pdf
Calculating the specified continuous period page 19
your case is very wired. yes, you submitted too early but the " the date of decision" most beneficial to the applicant so u have a clear case.
do you have any update? maybe think of going public since they are not following their own guidelines
Konzo1 wrote: ↑Sat Apr 20, 2019 3:30 pmHi Jojo,
I always believe you have a case. I did some research on Family Life (as a Partner or Parent):. please read below, you don't have to go through this 10-years nonsense
Immigration Rules
Appendix FM
Family members
Section E-ILRP: Eligibility for indefinite leave to remain as a partner https://www.gov.uk/guidance/immigration ... ly-members . But its explained better below from the Family Life (as a Partner or Parent) Guidance.
A person who is eligible to apply for settlement (indefinite leave to remain) on a 5-
year route, in an application made from 9 July 2012, should apply for indefinite leave
to remain no more than 28 days before their extant leave expires or no more than 28
days before they have completed at least 60 months in the UK with such leave.
Where the application is made and decided within 28 days of completing at least 60
months, the requirement to have spent at least 60 months with relevant leave will be
met, provided the requirements of the Immigration Rules are also otherwise met.
A person granted entry clearance or leave to enter or remain as a fiancé or fiancée
or proposed civil partner can apply for further leave to remain as a partner once their
marriage or civil partnership has taken place in the UK
Guidance
Family Migration:
Appendix FM Section 1.0a
Family Life (as a Partner or Parent):
5-Year Routes and exceptional
circumstances for 10-year routes
Page 16/125
https://assets.publishing.service.gov.u ... 2.0ext.pdf