Help 10 Year ILR Refusal

[sam2106]

it was a wrong decision..this will clearly be overturned within an administrative review..it wont go as far a judicial review..

its clearly the mistake of an overzealous, unexperienced and no training case worker..

your legal continuous clock has not stopped in any chance..you left with a valid leave..u came back before 6 months...whether it is on the same leave or a new entry clearance it doesnt matter..your immigration legal continuous stay clock has never been stopped..

talk to them up overzealous immigration caseworker, go and get some training or resign from your job! stupid decision!

Okey, this morning I got feedback from my MP's office. The lady sent me an email stating that UKBA have agreed to conduct a review of the decision and they will contact me in 14 days. She says that if they haven't got back to me by 13th Aug then I should contact her and chase this up.

Now I am not well conversant about the process regarding UKBA Reviews.
Anyone with an idea? Do they have to go back into the whole application again or they will only look at assessing the points that I have raised?

I am asking this because I am aware that if its a fresh assessment that may involve Biometrics which may take on more time.

As for my Solicitor, he has advised that we wait and see what comes of UKBA's review; he even raised a possibilty of not having to request for a reconsideration.

[sufferhead]

Okey, this morning I got feedback from my MP's office. The lady sent me an email stating that UKBA have agreed to conduct a review of the decision and they will contact me in 14 days. She says that if they haven't got back to me by 13th Aug then I should contact her and chase this up.

Now I am not well conversant about the process regarding UKBA Reviews.
Anyone with an idea? Do they have to go back into the whole application again or they will only look at assessing the points that I have raised?

I am asking this because I am aware that if its a fresh assessment that may involve Biometrics which may take on more time.

As for my Solicitor, he has advised that we wait and see what comes of UKBA's review; he even raised a possibilty of not having to request for a reconsideration.

To my understanding a senior case worker will review your case file and correct the decision and if successful they may post you a new decision letter plus ILR stamp on paper, or they may request for your passport to stamp ILR .
In case the ILR is stamp on paper by the time you want to transfer it to your passport they will request for you Biometrics then issue it on card.

[Jon336]

It was not me who gave you the contact, but I may need that contact myself soon. I am preparing to submit my own 10 year long stay ILR application.

I am assuming that you are talking about Drummond Miller suggested by Chemu. Were they any good? May be I should ask them what their charges are to deal with an application in my name? Would you recommend them?

Best wishes.

Yes Ged these guys are good. My case was not all that complex that's what the solicitor said so the fee was not big. But give them a try it seems they are quite popular in Edinburgh. Compared to what a Barrister was charging in London when I contacted him these guys rates are fair.

[Ged]

Thanks, I will look into them as a serious option.
When (or if ever) I receive my SAR file, I will look how complicated my profile can be, and decide whether or not I need a solicitor. Considering how life changing ILR issue can be, I am increasingly getting paranoid about it.

[Jon336]

Hi guys, As promised I am back with what seems to be good news!!!!
Its now exactly three weeks since UKBA sent me that dreaded decision together with my passport. Since then I have contacted my MP and a solicitor.
My MP's Caseworker emailed UKBA and they decided to review my application; that was two weeks ago.

Today I got a letter from UKBA Liverpool informing me that my application was reconsidered and I am to be granted ILR. I need to send my Passport to complete the application. An envelope was enclosed addressed to Liverpool, ironically to the same guy that had earlier refused my application.

Anyway I am rather relieved and thank God. This has been a very stressful time for me and my family.

I panicked and paid a Solicitor £360.00 when my MP would have been enough. The good thing is that I stopped him from proceeding until I had got a response from my MP.
I will go to my Solicitor on Monday and ask for a refund since it was just an email from my MP that solved this issue.

I thank everyone here for all the support and guidance.
Lesson Learnt: You need to write a support doc with your application that underlines all the guidelines as stated in the UKBA guidelines in relation to your application because its more likely that the caseworkers are not as knowledgeable as we may have thought.
Again thank you very much for the support and guidance.

[Ged]

Well done and congrats. Thanks for sharing the whole experience with us. I will definitely write a letter explaining the basis of my application item by item.

[Jon336]

Thanks Ged I wish you all the best. I hope they will be quite fast with your application since the olympics are now behind us. Good nite

[vinny]

Congratulations!

[Jon336]

Got my passport back yesterday early in the morning before I left for work!

That is just a week since I sent it back for the stamp, and exactly a month since my application was initially rejected.

I thank you all for the advice and references you gave me during the most trying time. NOG, Loveislovely,quantum,wpilr,ryan,sufferhead and lastly vinny. I will continue visiting this board to gain more knowledge.

Lastly there is no straight forward application as many claim. This was a case in point. You would expect a CaseWorker dealing with a 10 year lawful residence app. to know the basis of lawful continuous residence and all the factors affecting it because this is the single most important factor on which this application is based but alas, this guy failed and a few others on the board agreed with him!

I took it for granted that UKBA caseworkers are knowledgeable and thought that they would be able to interpret the rules and apply them appropriately but I was wrong and I have learnt from the experience.

Please seek advice, get your SAR early and prepare your documents so that all the ambiguous bits are clarified with immigration rules and guidelines so that you do not have to go through what I have just gone through. That was truly a horrible month!! Wish you all the best.

[z18runway]

Got my passport back yesterday early in the morning before I left for work!

That is just a week since I sent it back for the stamp, and exactly a month since my application was initially rejected.

I thank you all for the advice and references you gave me during the most trying time. NOG, Loveislovely,quantum,wpilr,ryan,sufferhead and lastly vinny. I will continue visiting this board to gain more knowledge.

Lastly there is no straight forward application as many claim. This was a case in point. You would expect a CaseWorker dealing with a 10 year lawful residence app. to know the basis of lawful continuous residence and all the factors affecting it because this is the single most important factor on which this application is based but alas, this guy failed and a few others on the board agreed with him!

I took it for granted that UKBA caseworkers are knowledgeable and thought that they would be able to interpret the rules and apply them appropriately but I was wrong and I have learnt from the experience.

Please seek advice, get your SAR early and prepare your documents so that all the ambiguous bits are clarified with immigration rules and guidelines so that you do not have to go through what I have just gone through. That was truly a horrible month!! Wish you all the best.

well done mate, by the way do u get ILR stamped on the passport or it comes on bometric card ?

[Jon336]

well done mate, by the way do u get ILR stamped on the passport or it comes on bometric card ?[/quote]
ILR was stamped in passport. I also thought they would call me for BRP but they didn't.

[Bash1oo]

That is primarily because BRP was not being used as at when you applied (before Feb 29, 2012)

[z18runway]

well done mate, by the way do u get ILR stamped on the passport or it comes on bometric card ?

ILR was stamped in passport. I also thought they would call me for BRP but they didn't.[/quote]

ok, thanks for reply

[z18runway]

That is primarily because BRP was not being used as at when you applied (before Feb 29, 2012)

so who ever apply after feb 2012 , ilr issued on brp ?

[Jon336]

That is primarily because BRP was not being used as at when you applied (before Feb 29, 2012)

so who ever apply after feb 2012 , ilr issued on brp ?

From 29th Feb everybody is required to go for BRP

[derlin]

Got my passport back yesterday early in the morning before I left for work!

That is just a week since I sent it back for the stamp, and exactly a month since my application was initially rejected.

I thank you all for the advice and references you gave me during the most trying time. NOG, Loveislovely,quantum,wpilr,ryan,sufferhead and lastly vinny. I will continue visiting this board to gain more knowledge.

Lastly there is no straight forward application as many claim. This was a case in point. You would expect a CaseWorker dealing with a 10 year lawful residence app. to know the basis of lawful continuous residence and all the factors affecting it because this is the single most important factor on which this application is based but alas, this guy failed and a few others on the board agreed with him!

I took it for granted that UKBA caseworkers are knowledgeable and thought that they would be able to interpret the rules and apply them appropriately but I was wrong and I have learnt from the experience.

Please seek advice, get your SAR early and prepare your documents so that all the ambiguous bits are clarified with immigration rules and guidelines so that you do not have to go through what I have just gone through. That was truly a horrible month!! Wish you all the best.

Congratulations!! A great learning experience.

[Mariyeh]

Hi guys
Congratulations Jon336.
what is SAR?

[vinca]

Got my passport back yesterday early in the morning before I left for work!

That is just a week since I sent it back for the stamp, and exactly a month since my application was initially rejected.

I thank you all for the advice and references you gave me during the most trying time. NOG, Loveislovely,quantum,wpilr,ryan,sufferhead and lastly vinny. I will continue visiting this board to gain more knowledge.

Lastly there is no straight forward application as many claim. This was a case in point. You would expect a CaseWorker dealing with a 10 year lawful residence app. to know the basis of lawful continuous residence and all the factors affecting it because this is the single most important factor on which this application is based but alas, this guy failed and a few others on the board agreed with him!

I took it for granted that UKBA caseworkers are knowledgeable and thought that they would be able to interpret the rules and apply them appropriately but I was wrong and I have learnt from the experience.

Please seek advice, get your SAR early and prepare your documents so that all the ambiguous bits are clarified with immigration rules and guidelines so that you do not have to go through what I have just gone through. That was truly a horrible month!! Wish you all the best.

Hi Jon, what a story Huge congratulations!!

Guess what, I had the same problem in 2008! In fact i made an in time application out of the country and still got refused. 4 years on, im looking at making a fresh application for the same period. I notice your advice to state all relevant information on rules and guidelines, however, would you say that I have to contact my MP as well or is this something one could do him or herself?

[Jon336]

Hi guys
Congratulations Jon336.
what is SAR?

Subject Access Request. Visit UKBA website for more info. You can request them to access all information they hold about you

[Jon336]

Got my passport back yesterday early in the morning before I left for work!

That is just a week since I sent it back for the stamp, and exactly a month since my application was initially rejected.

I thank you all for the advice and references you gave me during the most trying time. NOG, Loveislovely,quantum,wpilr,ryan,sufferhead and lastly vinny. I will continue visiting this board to gain more knowledge.

Lastly there is no straight forward application as many claim. This was a case in point. You would expect a CaseWorker dealing with a 10 year lawful residence app. to know the basis of lawful continuous residence and all the factors affecting it because this is the single most important factor on which this application is based but alas, this guy failed and a few others on the board agreed with him!

I took it for granted that UKBA caseworkers are knowledgeable and thought that they would be able to interpret the rules and apply them appropriately but I was wrong and I have learnt from the experience.

Please seek advice, get your SAR early and prepare your documents so that all the ambiguous bits are clarified with immigration rules and guidelines so that you do not have to go through what I have just gone through. That was truly a horrible month!! Wish you all the best.

Hi Jon, what a story Huge congratulations!!

Guess what, I had the same problem in 2008! In fact i made an in time application out of the country and still got refused. 4 years on, im looking at making a fresh application for the same period. I notice your advice to state all relevant information on rules and guidelines, however, would you say that I have to contact my MP as well or is this something one could do him or herself?

Of u want to present a coherent argument where you believe that UKBA May twist facts I would advise that you visit a solicitor and present all your facts on the table. It may take a few extra bucks but atleast it wil lbe solid and organised. Wish you all the best.