14 years long residency

[boss39]

Dear John,

I received a letter from the Home Office today and bad news - My application has been refused on the 14 years residency in UK. The main reason they refused my application is because my new passport was issued from my country of residence in 1996. They think that I must have gone home in 1996 and came back in 2001 and get married to my british born wife.

What normally happen is when you apply for a new passport. The high commision here in UK normally send the application back to your country of residence and then once the passport is issued by the country of residence. They sent the passport to the high commission and the high commision give you your passport.

This is very simple. A phone from the Home Office could have established how this work.

They also dismissed my documentation to prove that I stayed here from 1996 - 2001.

The documentation sent from 1996 - 2001 are as follows:-

1. letter from Tax Office.
2. Letter from my doctor for each year registration.
3. Police check certificate.
4. Training course certification.

They acknowlegde that I was here as I got married from 2001 onwords.

I will have to appeal in the next 10 days.

This is shocking. They think that I entered here in UK sometime in 2001 as an illegal entrant they called it therefore they dismissed that I was here in UK from 1996 - 2001.

I need a good solicitor urgently. Please any advise from you guys will be grately apprecaited.

Thanks

[Chess]

Get a Solicitor ASAP however in the interim you should write back addressing all the issues that they have queried...i.e demonstrate further that you have been physically in the UK for 14 years..

Good luck

[tvt]

The posts so far can only prove that ILR applications under the 14 year residence category can rarely be done on a DIY basis.

[boss39]

Hi

Just seen a Solicitor in London today regarding my 14 years residency application that has been refused by the Home Office as they don't believed that I was in UK from 1996 - 2001.

The Solicitor told me and shown me evidence that Home Office has made it a rule to refuse this type of application initially in view that the applicant will not appeal as they have already waited for 14 years and decided to go home.

He has shown me that he is currently dealing with about 10 applications that has been refused for ridiculous reason on the basis of 14 years long residency.

He looked at my refusal letter and he said that I have a strong case as no deportation order has been made against me previously. He said that this is a strong point on my side. He said that I will need to prove the continuous residency for the period 1996 - 2001 and my marrige is genuine.

I need to produce the following documentations:

Letter from my doctor to confirm registration from 1996 - 2001

Letter from my employers to confirm the starting dates and leaving dates

Letter from the Tax Office to prove Tax Contribution from 1996 - 2001

Letter to prove NI contribution

Letter from my high commission in London to prove that I did not collect my passport until 2004 - Therefore they had my passport with them from 1996 - 2004.

Letter from my high commission in London for the procedure when applying for a new passport. (to prove that normally the passport is issued by the passport office in my country not by them (high commison)

As much documentations to prove that my marriage is genuine.

I have lots of home work to do.

My advice is be careful - 14 years residency is not actually a DIY job.

I will appeal now and see what happen!

Cheers.

[naz777]

hello boss 39
did you provide any letters of recommendation from when making the application ?

[adam007]

hi

try to contact your mp he or she might help you on this matter .

all the best

[boss39]

Just to let you know that the judge has allowed my Appeal and he has directed Home Office to issue me Indefine Leave to Remain.

The presenting office were badly defeated by my barrister.

Home office did not appeal for a review as they had 5 days from the determination date.

Home Office has requested photograph to issue the visa.

So after all 14 years long residency does exist.

Cheers

[John]

Boss39, many congratulations! Glad it all worked out so well in the end.

What is the intention now? To apply for Naturalisation as British when you are able? I think that will be in three years time, given the need to be "legal" at all times during the qualifying period.

[Jeff Albright]

It is a very interesting case. Pleased to hear it ended up in your favour, although I had no doubt about it from the beginning.
My solicitor has told me that in 90% of all complex cases the IND will never give the first favourable decision even if you have a very strong case. The positive outcome can only be achieved with the second application or through the court.

To some extent I have the situation resembling the Boss's.
After bombarding the IND with letters from MP, my solicitors, telephone calls and letters and e-mails from myself for 6 months and sending the complaint to the Immigration and Nationality Directorate Complaints Unit I finally got in touch directly with the caseworker from the Enforcement and Removals Directorate (=Immigration Service) who had been instructed to deal with my 8 year old matter. . It is interesting to note that the headquarters of this Department are based near Manchester Airport (Concorde Offices)- a newly built offices opened by Des Browne 2 years ago.

I was so much fed up with the delays of my case in the past and total ignorance to my case despite regular and persistent enquiries in the past, that my complaint to the IND supported by my MP and solicitors had a stong impact and I even received a letter written personally by Lin Homer - the Director General of the IND.

The "Enforcements and Removals" is just the name and there is nothing to be alarmed about. They deal with complex cases in particular, where the alleged unlawful residence of an applicant was in place.

I have had poor quality of service from the Home Office received in the last 8 years when two of my applications were lost, representations were not dealt with and the case was badly delayed. As a result, officially I was classed as an "overstayer". I have complained about it directly to the IND and once I got to know my caseworker I sent him the whole set of documents that ran on almost 30 pages including all the evidence (statements from my previous solicitors). Once my caseworker had received it I kept chasing him with my letters and e-mails every two weeks.
Last week he finally e-mailed me his decision but of course it was refusal but in a very nice and polite manner. It was very easy, however, to recognise that the decision was rushed and the evidence provided was not even considered properly. He also sent me some paperwork in the post including the IS75 form "One Stop Warning" and IS76 form "Additional Grounds" to fill in with additional grounds as to "why I should not be removed from the UK". Now the matter is in the hands of my solicitor and he is preparing the next set of documents to them.

Actually, my caseworker has shown himself to be a nice and open guy but still despite the massive evidence I have in support of my case they still refused to accept it - this is how they work in order to maintain the Fair and Efficient Immigration Control by all means possible! Because of this and also, because of poor quality of decision-making process lots of cases end up in courts resulting in huge waste of public money.

[Chess]

Dr. Jeff - Glad to see there is some sort of progress

Aluta Continua

Good Luck

[boss39]

Hello,

I received my passport from the HO a few days ago with ILR. My passport has now expired. I have a new passport. I want to travel next week. Is it possible to travel with both passport. I asked my embassy and they told me it's ok to do that.

I rang HO and the person I spoke to does not seems to know the answer. They told me to pay £ 500 and get the ILR transfer on the new passport or sent it by post which can take up to 14 weeks and will cost £ 160.

As I intend to travel urgently and yes I don't have £ 500 to pay. Can I travel with both passport. Any problem when I return back. I intend to take all documentation with me.

Regards

[John]

Yes, carry both passports, that is OK, to ensure that you will be allowed back into the UK.