break in continuity 5yrs(refusal on Maintenance funds only)

[blossom2009]

my tier 1 HSMP extension was refused in 2009. I sent my documents for a reconsideration following New Policy that came out on 23July2010.
Because of the refusal, I had a break in continuity in 5yrs lawful residence as the appeals were dismissed and hight court refused as well in 2009...i had to struggle to regularise my stay. I applied for an out of time fresh HSMP application and it was granted in 2010 but i was told it resets my clock.
Now that UKBA have said that they approve the applications that were refused based on maintenance funds only (mine was!), would I be considered for ILR as it was due in Jan2010 if my extension had been successful? It was UKBA's fault that they refused my extension application...
Please advise!
Thanks

[geriatrix]

17. A request by a migrant for a previously refused application to be reconsidered under this policy will be treated as an application to switch from the migrant’s current leave to the leave granted as a consequence of the previously refused application.

Only if UKBA certifies in writing that the period of stay in the UK between 22-Sep-2009 and 12-Jan-2010 has been regularised in light of the application review under Pankina judgement. Without the stay during the mentioned period being regularised I can't see how you can qualify for settlement before 2015.

Contact UKBA or pursue the matter legally.


regards

[SpokenHands]

My original Tier 1 application had been refused for Maintenance Funds only, forcing me to make an overseas application to switch into Tier 2.

Following the Pankina judgement, I had a favourable reconsideration and a Tier 1 visa was placed in my passport.

I am wondering if my ILR clock is reset or can I proceed to make an ILR application in 2012 (having spent 2 yrs on HSMP, 2 Years on Tier 2 and 1 year on Tier 1)? I have written to the HO to regularise the 30 days spent overseas to make the Tier 2 switching application but no response in over 8 weeks.

What do you suggest here please?

[geriatrix]

I have written to the HO to regularise the 30 days spent overseas to make the Tier 2 switching application but no response in over 8 weeks.

What do you suggest here please?

Keep at it.

I sent my case to UKBA and they now provided me with a letter which reads
"you have a 5 yrs continuous since January 2005"
and also says that I do not have any break in continuity

Or follow vinny's suggestion.

[SpokenHands]

I have not had any response from the UKBA to my letter dated 1-Feb 2011 seeking confirmation of continuous stay. I have sent them another copy today with all the relevant details.

I rang the UKBA but they were unable to offer any guidance as this does not fall to one of their timed-decisions (I have already received a favourable decision but need further confirmation of continuous stay status).

Is there a fax number that someone can offer so I can follow-up via fax to the Sheffield S3 8WA office?

I am reluctant to apply for ILR in January 2012 without this confirmation letter as it seems like an expensive way to be rejected or begin and appeal.

Any advice gratefully received.

[SpokenHands]

Do I have any other way by which I can get UKBA to respond to my request?

I have no issue with them declining my continuous stay premise but atleast I know where I stand

[tipu20]

I will suggest you talk to your MP and ask him to contact Home office for clarification or contact a solicitor.

Do I have any other way by which I can get UKBA to respond to my request?

I have no issue with them declining my continuous stay premise but atleast I know where I stand

[SpokenHands]

I will suggest you talk to your MP and ask him to contact Home office for clarification or contact a solicitor.

I did speak to my MP who wrote to the UKBA, they responded immediately to say they are writing to me with 'continuous stay' confirmation. This means I can apply for ILR in Feb 2012 saving two years.

May I thank all of you, in particular Sushma, Tipu20 and Blossom who have been very supportive, for your time and consideration of my case.

[SpokenHands]

I was advised by my MP's office that the UKBA were going to issue me a 'continuous stay' letter following consideration of the brief stay out of UK when I switched from Tier 1 to Tier 2 following refusal for maintenance funds (Pankina application was successful).

However when this letter didn't arrive after 6 weeks, my MP's office got in touch with the UKBA who have now said:

1. They will NOT be issuing a letter of continuous stay.
2. The matter has been sent to the Policy Team, along with several other queries of a similar nature, and there is no timeframe for a response at this time
3. They suggested I speak with an immigration advisor if i want.

I have still not heard from UKBA directly for 6 months after my application despite repeated phone calls and emails.

I have an appointment with my MP on 17 Sept to discuss my case and any guidance on how I should proceed is deeply appreciated.

[SpokenHands]

How can I work with my MP to have this looked in to?

Evidently there is a precedent of applicants receiving this kind of regularisation of short gaps in UK stay [due to the Pankina judgements]

[geriatrix]

The final conclusion .. that the OP did not bother posting in this topic.
Just in case anyone's been wondering what the final conclusion was.

got ILR on Tuesday...ILR was due in january 2010 but due to refusal on basis of maintenance funds only in feb2009 and reconsideration of this decision by ukba under pankina judgement...ILR application got delayed and successfully applied on 16november2010.

[SpokenHands]

In my case, my MP was very sympathetic and after going through all my papers, wrote to the UKBA and followed up when there was no response after 2 months. Initially even the MP got a stock response but he pressed the matter saying he would refer it to the Immigration Minister. Suddenly the UKBA wrote to me directly
[1] Issuing a letter with 'continuous stay' from the start date
[2] apologising for the delay, without stating reasons, why I had not had any response to several letters, emails and faxes, and calls.

This letter was very useful in my subsequent ILR application that was successful, as it made my case 'straightforward'

Notably the MP's intervention was merely a route of access to UKBA and he did NOT make any endorsements of my status, the law or how it was applied. There was a clear case of UKBA 'dragging its heels' in a unfair and frankly, unprofessional way.

[longiano]

Hi All,

I have a similar case of refusal in 2009 due to Maintenance funds, I want to contact my MP to assist in getting UKBA to issue letter of continuity. Can any one help with the letter format? should i mention to UKBA that i am aware there have been precedence and cases where such letters have been issued?

[SpokenHands]

The UKVI respond to clear instructions, especially where backed up by a CC to your local MP.

AFTER I was granted the correct visa, I wrote to the same team to regularise the gap citing that I needed this letter during application for ILR to show there was no gap is visa conditions since XXXX (year).

This request was straight-forward and the letter was issued in due course. I did not need to quote precedence because they did not say they were not happy to issue it (for any particular reason) - particularly because I was upfront as to why i needed the letter.

Hope this helps.

AR

[longiano]

Thanks for your advice, I have spoken to my MP who has written them but they replied that they do not write letter of continuity and my date will start counting from the date the leave to remain was reconsidered and issued.

is there any other thing i can do about this? Spokenhand / Blossom any help please? the forum does not allow me send privatemails but i will appreciate any personal contact to discuss this

thanks

[longiano]

I need some more help regarding my issue similar to cases above as the HO have been dancing round circles and only send few lines of replies quoting dates signets and visas were issued without reference to the requests made and that they cannot pre assess any future application I wish to make. Spokenhands / Blossom can we make email contacts pls @ wajayi1@yahoo.com. I urgently require any assitance you can offer.