ILR Withdrawal

[sunil7497]

Hi,
I need an advise from you. I had gone for my ILR on 11th. I had calculated my ILR due date based on my WP date and not Visa stamping date which was a mistake from my side. So i fell short of 15 days and that's the reason they asked me to either withdraw my application or they will reject it. They had already taken 3444 pounds payment. I didn't have any option but to withdraw it but they have not refunded my money which was a big amount. Is there any way to get my money back?

[db83]

Hi,
I need an advise from you. I had gone for my ILR on 11th. I had calculated my ILR due date based on my WP date and not Visa stamping date which was a mistake from my side. So i fell short of 15 days and that's the reason they asked me to either withdraw my application or they will reject it. They had already taken 3444 pounds payment. I didn't have any option but to withdraw it but they have not refunded my money which was a big amount. Is there any way to get my money back?

Which PEO was it ? As far as I'm aware, if a payment was made, then UKBA wouldn't refund it unless they have given that to you in writing ?

[techie78]

Are you sure that the ILR due date is from the visa stamping date?.. this query has been posted multiple times here and the answer has always been that ILR due date is calculated from WP date as long as you have entered the country within 90 days of stamping.

Is that the case with you?

Pls refer pg 11 of the document

https://www.google.co.uk/url?sa=t&rct=j ... 7494,d.d2k


The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.

[starter]

Hi,
I need an advise from you. I had gone for my ILR on 11th. I had calculated my ILR due date based on my WP date and not Visa stamping date which was a mistake from my side. So i fell short of 15 days and that's the reason they asked me to either withdraw my application or they will reject it. They had already taken 3444 pounds payment. I didn't have any option but to withdraw it but they have not refunded my money which was a big amount. Is there any way to get my money back?

Which PEO was it ? As far as I'm aware, if a payment was made, then UKBA wouldn't refund it unless they have given that to you in writing ?

As per the home office website they will refund the money if you withdraw the case. contact Home Office

http://www.ukba.homeoffice.gov.uk/navigation/terms/

[db83]

Hi,
I need an advise from you. I had gone for my ILR on 11th. I had calculated my ILR due date based on my WP date and not Visa stamping date which was a mistake from my side. So i fell short of 15 days and that's the reason they asked me to either withdraw my application or they will reject it. They had already taken 3444 pounds payment. I didn't have any option but to withdraw it but they have not refunded my money which was a big amount. Is there any way to get my money back?

Which PEO was it ? As far as I'm aware, if a payment was made, then UKBA wouldn't refund it unless they have given that to you in writing ?

As per the home office website they will refund the money if you withdraw the case. contact Home Offic

http://www.ukba.homeoffice.gov.uk/navigation/terms/

The link you posted says we will not refund !???

The SET (O) guidance also says "we will not refund your fee if we refuse your application or if you withdraw it"
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Read point 4[/b]

[starter]

Hi,
I need an advise from you. I had gone for my ILR on 11th. I had calculated my ILR due date based on my WP date and not Visa stamping date which was a mistake from my side. So i fell short of 15 days and that's the reason they asked me to either withdraw my application or they will reject it. They had already taken 3444 pounds payment. I didn't have any option but to withdraw it but they have not refunded my money which was a big amount. Is there any way to get my money back?

Which PEO was it ? As far as I'm aware, if a payment was made, then UKBA wouldn't refund it unless they have given that to you in writing ?

As per the home office website they will refund the money if you withdraw the case. contact Home Offic

http://www.ukba.homeoffice.gov.uk/navigation/terms/

The link you posted says we will not refund !???

The SET (O) guidance also says "we will not refund your fee if we refuse your application or if you withdraw it"
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Read point 4[/b]

You are right mate I mis read it.

[sunil7497]

Hi,
I need an advise from you. I had gone for my ILR on 11th. I had calculated my ILR due date based on my WP date and not Visa stamping date which was a mistake from my side. So i fell short of 15 days and that's the reason they asked me to either withdraw my application or they will reject it. They had already taken 3444 pounds payment. I didn't have any option but to withdraw it but they have not refunded my money which was a big amount. Is there any way to get my money back?

Which PEO was it ? As far as I'm aware, if a payment was made, then UKBA wouldn't refund it unless they have given that to you in writing ?

It was Croydon PEO. My Visa was stamped on my passport on 24rth of April 2008 and i travelled to UK on 18th May 2008 but my Work Permit was issued on 26th March 2008 so i had calculated my 5 years from my Work Permit issue date but they told me that it should be Visa stamped date on my passport and not WP issue data and that's why i fell short of 15 days. Please can someone advise whether i should calculate from Visa stamped data on my passport on WP issue date. It was a huge loss for me and thet even didn't give me an option to hold the application.

[sunil7497]

Are you sure that the ILR due date is from the visa stamping date?.. this query has been posted multiple times here and the answer has always been that ILR due date is calculated from WP date as long as you have entered the country within 90 days of stamping.

Is that the case with you?

It was Croydon PEO. My Visa was stamped on my passport on 24rth of April 2008 and i travelled to UK on 18th May 2008 but my Work Permit was issued on 26th March 2008 so i had calculated my 5 years from my Work Permit issue date but they told me that it should be Visa stamped date on my passport and not WP issue data and that's why i fell short of 15 days. Please can someone advise whether i should calculate from Visa stamped data on my passport on WP issue date. It was a huge loss for me and thet even didn't give me an option to hold the application.

Pls refer pg 11 of the document

https://www.google.co.uk/url?sa=t&rct=j ... 7494,d.d2k


The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.

[ban.s]

You have to spend continous 5 years lawfully in the UK - for WP /Tier 2 holder this starts from the first entry in the UK (Tier 1 applicants are elligible to take into account EC stamping date as long as they entered within 3 months of stamping). So in your case you complete 5 years on 18th May 2013 - can apply 28 days prior to this date.
WP approval date has nothing to do here.

[uksettlement]

You have to spend continous 5 years lawfully in the UK - for WP /Tier 2 holder this starts from the first entry in the UK (Tier 1 applicants are elligible to take into account EC stamping date as long as they entered within 3 months of stamping). So in your case you complete 5 years on 18th May 2013 - can apply 28 days prior to this date.
WP approval date has nothing to do here.

I m afraid you are wrong as sunil7497 can apply 28 days before 24th April. Sunil calculated it as 28 before WP being issued which isn't write. Croydon PEO didn't accept your application as you didn't qualify asper the rules then. Had you gone to Solihull they might have accepted the application but deferred it until u became eligible.

I m sure you will get the money back in couple of days.

[db83]

I m sure you will get the money back in couple of days.

I dont think they will give him the monies. Guidance clearly says fee is not refunded if the application is withdrawn.

[sunil7497]

You have to spend continous 5 years lawfully in the UK - for WP /Tier 2 holder this starts from the first entry in the UK (Tier 1 applicants are elligible to take into account EC stamping date as long as they entered within 3 months of stamping). So in your case you complete 5 years on 18th May 2013 - can apply 28 days prior to this date.
WP approval date has nothing to do here.

I m afraid you are wrong as sunil7497 can apply 28 days before 24th April. Sunil calculated it as 28 before WP being issued which isn't write. Croydon PEO didn't accept your application as you didn't qualify asper the rules then. Had you gone to Solihull they might have accepted the application but deferred it until u became eligible.

I m sure you will get the money back in couple of days.

Hi,
Thanks for your message. Has anyone come across any case where UKBA has retuned money in similar instances. They told me that in either case whether i withdraw or they reject they will not refund the money. So chances are very less that they will return my money. They should at least give me an option to defer my case till i become eligible.

[Kevin24]

You have to spend continous 5 years lawfully in the UK - for WP /Tier 2 holder this starts from the first entry in the UK (Tier 1 applicants are elligible to take into account EC stamping date as long as they entered within 3 months of stamping). So in your case you complete 5 years on 18th May 2013 - can apply 28 days prior to this date.
WP approval date has nothing to do here.

I m afraid you are wrong as sunil7497 can apply 28 days before 24th April. Sunil calculated it as 28 before WP being issued which isn't write. Croydon PEO didn't accept your application as you didn't qualify asper the rules then. Had you gone to Solihull they might have accepted the application but deferred it until u became eligible.

I m sure you will get the money back in couple of days.

Hi,
Thanks for your message. Has anyone come across any case where UKBA has retuned money in similar instances. They told me that in either case whether i withdraw or they reject they will not refund the money. So chances are very less that they will return my money. They should at least give me an option to defer my case till i become eligible.

I believe they have told you verbally. Why don't you write to them explaining your genuine mistake and to consider to refund your money. It is not a small amount. They might consider . Nothing is lost in writing. Pl. Try.

[sunil7497]

You have to spend continous 5 years lawfully in the UK - for WP /Tier 2 holder this starts from the first entry in the UK (Tier 1 applicants are elligible to take into account EC stamping date as long as they entered within 3 months of stamping). So in your case you complete 5 years on 18th May 2013 - can apply 28 days prior to this date.
WP approval date has nothing to do here.

I m afraid you are wrong as sunil7497 can apply 28 days before 24th April. Sunil calculated it as 28 before WP being issued which isn't write. Croydon PEO didn't accept your application as you didn't qualify asper the rules then. Had you gone to Solihull they might have accepted the application but deferred it until u became eligible.

I m sure you will get the money back in couple of days.

Hi,
Thanks for your message. Has anyone come across any case where UKBA has retuned money in similar instances. They told me that in either case whether i withdraw or they reject they will not refund the money. So chances are very less that they will return my money. They should at least give me an option to defer my case till i become eligible.

I believe they have told you verbally. Why don't you write to them explaining your genuine mistake and to consider to refund your money. It is not a small amount. They might consider . Nothing is lost in writing. Pl. Try.

Thanks for your mail. Can you please suggest me whom to write this mail
Regards
Sunil

[Kevin24]

I m afraid you are wrong as sunil7497 can apply 28 days before 24th April. Sunil calculated it as 28 before WP being issued which isn't write. Croydon PEO didn't accept your application as you didn't qualify asper the rules then. Had you gone to Solihull they might have accepted the application but deferred it until u became eligible.

I m sure you will get the money back in couple of days.

Hi,
Thanks for your message. Has anyone come across any case where UKBA has retuned money in similar instances. They told me that in either case whether i withdraw or they reject they will not refund the money. So chances are very less that they will return my money. They should at least give me an option to defer my case till i become eligible.

I believe they have told you verbally. Why don't you write to them explaining your genuine mistake and to consider to refund your money. It is not a small amount. They might consider . Nothing is lost in writing. Pl. Try.

Thanks for your mail. Can you please suggest me whom to write this mail
Regards
Sunil

ukpublicenquiries@ukba.gsi.gov.ukThis is the only one I have.

[sunil7497]

Hi,
Thanks for your message. Has anyone come across any case where UKBA has retuned money in similar instances. They told me that in either case whether i withdraw or they reject they will not refund the money. So chances are very less that they will return my money. They should at least give me an option to defer my case till i become eligible.

I believe they have told you verbally. Why don't you write to them explaining your genuine mistake and to consider to refund your money. It is not a small amount. They might consider . Nothing is lost in writing. Pl. Try.

Thanks for your mail. Can you please suggest me whom to write this mail
Regards
Sunil

ukpublicenquiries@ukba.gsi.gov.ukThis is the only one I have.

Thanks a lot for your quick response. I am going to drop a mail. Will update you in case if i get refund.

[Kevin24]

Good Luck. Give all the details you could provide to them.

[sunil7497]

You have to spend continous 5 years lawfully in the UK - for WP /Tier 2 holder this starts from the first entry in the UK (Tier 1 applicants are elligible to take into account EC stamping date as long as they entered within 3 months of stamping). So in your case you complete 5 years on 18th May 2013 - can apply 28 days prior to this date.
WP approval date has nothing to do here.

I m afraid you are wrong as sunil7497 can apply 28 days before 24th April. Sunil calculated it as 28 before WP being issued which isn't write. Croydon PEO didn't accept your application as you didn't qualify asper the rules then. Had you gone to Solihull they might have accepted the application but deferred it until u became eligible.

I m sure you will get the money back in couple of days.

Hi,
Thanks for your message. Has anyone come across any case where UKBA has retuned money in similar instances. They told me that in either case whether i withdraw or they reject they will not refund the money. So chances are very less that they will return my money. They should at least give me an option to defer my case till i become eligible.

I believe they have told you verbally. Why don't you write to them explaining your genuine mistake and to consider to refund your money. It is not a small amount. They might consider . Nothing is lost in writing. Pl. Try.

Hi,
I have got another slot for tomorrow in Croydon for my appointment. As you know last time i fell short of 15 days and that's why i had to withdraw my application and that resulted in loss of my fees £3444. They had asked me to come after 26th of March as my Entry Clearance was stamped on my passport on 24rth of April and i travelled to UK on 18th of May 2008. So hopefully tomorrow i will not land up in a similar situation as i have travelled within 90 days of Visa stamping.
Request you to confirm this.