Post
by sam16hita » Sat Jun 29, 2024 5:18 pm
Hi experts,
Thanks a lot for for taking time reading my refusal letter.
Thank you for your application for indefinite leave to remain. Your application has not been considered by the Secretary of State personally, but by an official acting on their behalf.
We have considered your application and you do not qualify for indefinite leave to remain. The reasons for this are set out in Annex A to this letter.
What this means for you.
Your application for variation of your leave to remain has been unsuccessful. However, you do not have to leave the UK as a result of this decision.
We accept that you currently have a right to remain in the UK and that your removal from the UK would involve an unlawful interference with your human rights. Your human rights claim was accepted on 26 April 2022, and you were granted leave to remain until 26 October 2024. That leave remains in force, with any conditions that were attached to it. Please see our letter of 26 April 2022 for details.
This decision does not involve a refusal of your human rights claim as defined by section 113 of the Nationality, Immigration and Asylum Act 2002 and consequently there is no right of appeal against it.
The enclosed document sets out the reasons why your application has been unsuccessful. If you wish to remain in the UK after 26 October 2024, you must make a new application to do so. The earliest you should apply is 28 days before that date.
ANNEX A – REASONS FOR DECISION
Detailed consideration
We have considered all the evidence and information you have provided as part of your application made on 10 April 2024
Immigration History
On the 03 September 2008 you entered the UK with entry clearance as a student valid from 11 August 2008 until 31 January 2010 VAF 860123
On the 18 January 2010 you submitted an in-time application for Leave to Remain (LTR) as a T4 – General Student which was granted 26 February 2010 until 28 February 2011
On the 28 January 2011 you submitted an in-time application for Leave to Remain (LTR) as a T1 HS – Post Study which was granted 18 February 2011 until 18 February 2013
On the 18 February 2013 you submitted an in-time application for Leave to Remain (LTR) as a T1 HS – Entrepreneur which was refused Section 47 Right of appeal (ROA) 14 March 2014
On the 03 April 2014 you lodged an appeal
First tier hearing dismissed 10 December 2014
Permission to Appeal (PTA) application to first tier refused 05 February 2015
Permission to appeal (PTA) application to upper tier refused 21 May 2015
Appeal Rights Exhausted (ARE) 21 May 2015
On the 16 June 2015 you submitted an out of time application for Leave to Remain (LTR) under family private life which was refused out of country right of appeal 26 November 2015
On the 30 November 2015 you submitted an out of time application for Leave to Remain (LTR) as a T1 HS – Entrepreneur which was rejected 05 February 2016
On the 07 December 2015 you were placed on temporary admission
On the 11 February 2016 you submitted an out of time application for Leave to Remain (LTR) as a T1 HS – Entrepreneur which was refused Admin Review (AR) 21 March 2016
Admin Review (AR) received 04 April 2016
Admin Review (AR) Completed and decision-maintained 29 April 2016
On the 03 November 2017 you were served with a RED.0001
On the 22 August 2018 you submitted an out of time application for Leave to Remain (LTR) under family private life which was granted 22 August 2018 until 22 February 2021
On the 02 February 2021 you submitted an in-time application for Leave to Remain (LTR) under family private life which was withdrawn 07 September 2021
On the 28 July 2021 you submitted an in-time application for Long Residency (10 Year) – Indefinite Leave Remain (ILR) which was refused and Leave to Reman (LTR) granted 26 April 2022 until 26 October 2024
On the 10 April 2024 you submitted an in-time application for Long Residency (10 Year) – Indefinite Leave Remain (ILR)
Your application has been considered on the basis of your long residence under Paragraph 276B of the Immigration Rules
Consideration has been given to your immigration history listed above and all evidence submitted along with your application dated 10 April 2024. It is noted that you entered the UK on the 03 September 2008 we are satisfied that you held valid leave until the 21 May 2015.
On the 18 February 2013 you submitted an in-time application for Leave to Remain (LTR) as a T1 HS – Entrepreneur which was refused Section 47 Right of appeal (ROA) 14 March 2014 you lodged an appeal on the 03 April 2014 the first-tier hearing was dismissed 10 December 2014. Permission to appeal the application to the first tier was refused permission to appeal application to the upper tier was refused and you became appeal rights exhausted (ARE) on the same day 21 May 2015.
Your next application was submitted out of time on the 16 June 2015 this was an application for Leave to Remain (LTR) under family private life which was refused with an out of country right of appeal 26 November 2015.
You submitted a further 2 out of time applications which were either rejected or refused.
On the 07 December 2015 you were placed on temporary admission
We draw your attention to 276Ac.
(c) “lawful residence” does not include time spent on immigration bail (including time spent with temporary admission and temporary release)
Therefore, any periods of time with temporary admission, temporary release or immigration bail are not ‘lawful residence’ for the purposes of long residence and will break continuous residence.
Your next grant of leave was on the 22 August 2018. On the 22 August 2018 you submitted an out of time application for Leave to Remain (LTR) under family private life which was granted 22 August 2018 until 22 February 2021.
Given the above, it is considered you were without lawful residence under the Immigration Rules from 21 May 2015 until 22 August 2018 when you were granted leave to remain (LTR) under family private life.
You are not considered to have demonstrated 10 years continuous lawful residence in the UK and cannot meet the requirements of Paragraph 276B(i)(a).
You have not evidenced any exceptional or significantly compelling circumstances to warrant discretion being exercised in your favour for the fact you cannot meet the requirements for settlement.
This decision takes into account as a primary consideration the best interests as a child and those of any relevant child, in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.
Due to the above reasons, we are not satisfied that you meet the requirements of paragraph 276D of the Immigration Rules, with reference to paragraphs 276B(i)(a).
Therefore, your application for indefinite leave to remain in the United Kingdom on the basis of 10 years lawful and continuous residence is refused under Paragraph 276D of the Immigration Rules as you do not meet the requirements of Paragraph 276B(i)(a).
It is not deemed refusal of this application negatively affects your ability to remain in the UK.
Please note, you are not required to leave the UK as a result of this decision as you have valid leave to remain valid until 26 October 2024.
Should you wish to remain in the UK after this date you should make an appropriate charged application to do so. The earliest you should apply is 28 days before your current leave expires.
Following are my questions:
---is it refusal reasons correct?
----why should not varied to FLR instead of refusing the ILR
---what should I do next?
---how can I get the appeal right?
Many thanks in advance.