A very complicated case: ILR,FLR or ASYLUM?help needed plzzz

unknown · Post by **unknown** » Mon Jul 19, 2010 11:18 pm

hello guys!!
first of all thanx for reading my post!!! i am a very regular visitor of this website and got too much help from ur discussions guys!!
actually i have a really comlicated immigration matter and want you to comment on it and give some guidance if possible!!

i have come to UK in 2003 on a spouse visa. prior to this i applied entry clearance(EC) in 2001 but was refused then i won the appeal and got the EC IN 2002 and entered UK in 2003. but when i applied for ILR in Dec 2003 Home office again refused it. during all this time my wife went through a big time depression and blamed my luck for visa. when I appealed against the decesion my wife didnt go to court with me. the hearing was in 2005 and on the recommendation of the Judge and HO representative i withdrew my appeal and on the same or next day I apply again on human rights grounds and raised HR artcle 3,6 and 8 n i dont remember wether it was ILR or FLR and i dont remember what form was that. set O or set M.

the HO replied that the application was valid. and i got the same rights as I was given for my EC visa in 2003.
in the next letter they said they have fully considered my case for article 8 before but going to refer my case to case workers for full consideration on other issues.

the next letter i received from HO in which they stated that because i have raised article 3 so they taking it as asylum claim but my lawer replied that my application is an extension of stay and not an asylum claim.

after these correspondance i never received any letter from HO since July 2005.

in 2007 i got divorced from my ex wife and got married to my current wife (partner) in Dec 2008. i have a 7 months old son with this wife. my wife and son both are British nationals. i have applied for COA (certificate of approval) on sept 2009 but it is also still pending.

but guys this is not the end of story yet.
after a 5 years time i received a letter from HO in which they stated they are considering my backlog asylum case now to give me ILR or to remove me from UK. i got shocked because my case was ILR or FLR n not asylum, but anyway i have sent my own recent pictures along with my wife and the son 2 weeks ago and now waiting for their reply!!!

my question:
1. what are the backlog or legacy cases?
2. is it possible they can give me ILR??

the next thing is im working full time for over 7 years, i dont know if i was allowed to work here in UK?

inspite of all problems i have faced in UK i carried on studies and now i have a HND in Business and Management. do you think this can be helpfull for my ILR?

my lawyer didnt guide me properly and even he has lost my case file too. thanx god i still got some correspondance from HO.

please guys tell me what to do????

i will really appreciate ur feed back!!!!

thanx

Blackwater1 · Post by **Blackwater1** » Tue Jul 20, 2010 5:03 am

ask for a Subject Access Request from the HO,you will get precise details about your file from them.

Mr Rusty · Post by **Mr Rusty** » Tue Jul 20, 2010 7:26 am

You had the right to work when you entered the UK as a spouse in 2003. If the HO confirmed on the application subsequent to your appeal that you retained your original EC conditions, then you should have retained the right to work. Do you have the letter in which you say "the HO replied that the application was valid. and i got the same rights as I was given for my EC visa in 2003"?
If your application for LTR was on Human Rights grounds and the reasons put forward amount to an asylum claim, HO is obliged to consider it as such. Therefore you are an asylum seeker. This in itself should not affect any right you may have to take employment.
The last letter you received indicates that your case is in the "Legacy" queue and will be decided in due course either by granting you LTR or refusing you and requiring you to leave the UK. "legacy" is simply the name they gave to old cases which have not been considered.
I doubt whether a Subject Acces Request will help you very much. You seem to be aware of the exchange of correspondence on your case - you're just waiting for a decision.

unknown · Post by **unknown** » Tue Jul 20, 2010 9:40 am

thanx for the reply Mr Rusty.

and yes i got the letter which says its a valid application and at the end the wording is:

'' provided an applicant has permission to be in the UK when an application is made, he or she is legally entitled to remain here on the same conditions previously granted untill the application is decided''

in the last letter they stated that:

'you have raised article 3 of the European Convention of Human Rights. this has been taken as an implied Asylum claim '

but they said they cant accept it as postal application after Feb 2003 are no longer accepted for asylum or human rights cases and a person shud present themself in person.

in reply my solicitor responded that my clients application is an extension of stay and not an asylum claim.

i did not receive a letter from HO from July 2005 untill June 2010.

as you said they may ask me to leave the country but would you think of a right of appeal as i have 2 dependants??

is anybody else here who went through the same??? all comments will be much appreciated!!

thank you guys

best regards

unknown · Post by **unknown** » Wed Sep 29, 2010 8:30 pm

hi guys

just letting you know the progress of my case.

as i stated before that I applied for COA in sept 2009 and now the Home Office has sent me one lolzzzzz..thanx to all of you guys for your best wishes and guidance.

but i will still have to wait for the decesion on my Legacy Case for ILR.

Hope things will go smoothly for everybody who are in the same situations.
bye

Tahir Bashir · Post by **Tahir Bashir** » Tue Oct 12, 2010 10:27 am

unknown wrote:hi guys

just letting you know the progress of my case.

as i stated before that I applied for COA in sept 2009 and now the Home Office has sent me one lolzzzzz..thanx to all of you guys for your best wishes and guidance.

but i will still have to wait for the decesion on my Legacy Case for ILR.

Hope things will go smoothly for everybody who are in the same situations.
bye

What supporting documents you have submitted for your Legacy case?

unknown · Post by **unknown** » Tue Oct 12, 2010 9:49 pm

the supporting docs are: wife 's passport, my son' s birth certificate, letters on the present address, bank statements, job ref letter etc

unknown · Post by **unknown** » Wed Oct 27, 2010 10:55 pm

hello again!!!

just an update for my case:

applied for FLR in 2005
HO responsed for legacy case june 2010
got ILR Out of immigration rules Oct 2010.
applied for COA in sept 2009, which i got in Oct 2010......
thanx everyone for ur best wishes, and all the best for those who are awaiting decesions on their cases!!!

cheers

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A very complicated case: ILR,FLR or ASYLUM?help needed plzzz

A very complicated case: ILR,FLR or ASYLUM?help needed plzzz