ILR refused application making an appeal

[latte]

Hello, can somebody help me with an advice.
I've applied ILR for 10 years of stay in fast track, but home office found out there was a month gap in 1998 which I do not remember (think this was the time I was waiting for my student visa extension) so they refused. now I need to make an appeal, what do I need to do?
There is no physical evidence to support the resulted month gap sych as postal receipt from 1998! I've applied and got accepted at a college in june, but the granted stamp of new student visa is dated 7 Aug.
Has anyone succeeded in making an appeal after being refused?

many thanks..

[OL7MAX]

What do you mean by a month's gap? Were you out of the country? Were you "illegal" during that period?

[olisun]

Looks like the HO is getting very strict now... They are now trying to find
every possible VALID reason to deny ILR...

This was expected considering the varous JR's / Appeals filed against HO in recent years.

2nd case of ILR refusal reported on this forum in 2 weeks.

[OL7MAX]

olisun .... maybe. However, if the OP was illegal at any point then he didn't have any grounds for the 10 year application in the first place.

But I do agree they seem to be stricter on pretty much everything.

[Wanderer]

Maybe the OP's gap is covered by the Section 3 rule if it existed back then? Of course if the proof doesn't exist this point is not gonna help....

[sunnyday]

Looks like the HO is getting very strict now... They are now trying to find
every possible VALID reason to deny ILR...

This was expected considering the varous JR's / Appeals filed against HO in recent years.

2nd case of ILR refusal reported on this forum in 2 weeks.

You say that all the time without discovering the cause of the refusal.

[sunnyday]

Hello, can somebody help me with an advice.
I've applied ILR for 10 years of stay in fast track, but home office found out there was a month gap in 1998 which I do not remember (think this was the time I was waiting for my student visa extension) so they refused. now I need to make an appeal, what do I need to do?
There is no physical evidence to support the resulted month gap sych as postal receipt from 1998! I've applied and got accepted at a college in june, but the granted stamp of new student visa is dated 7 Aug.
Has anyone succeeded in making an appeal after being refused?

many thanks..

Could you tell us what exactly is written on the HO letter to you?

[olisun]

Looks like the HO is getting very strict now... They are now trying to find
every possible VALID reason to deny ILR...

This was expected considering the varous JR's / Appeals filed against HO in recent years.

2nd case of ILR refusal reported on this forum in 2 weeks.

You say that all the time without discovering the cause of the refusal.

huh?

[latte]

Hi, thanks all for some commnts.
My 1 month gap as HO have on their system is back in 1998 and this was the time I was changing colleges, I've applied to a new college in June before my student visa expired on 1 July 1998. but only received HO stamp on new student visa dated 7 Aug 1998, therefore the gap made although I was in the country and was awaiting for my passport back this time.
And from 1997 till 2000 I was going to different english schools and diploma courses, and back in nearly 10 years, I do not keep all "acceptance letters" from them to prove, but I have never illegally stayed here in 10 years..
I just need to prove in writing that the reason why a month gap was made is not my fault but the cercumstances of HO and postal delay, but I do not know how.. in this formal HO appeal.
HO already not doing what they are supposed because of this new rules, my same day application was delayed as they completely shut the whole office for 1 day and half on 28/9th March, and did not give back my documents when they finally deicided on 4 Apr because they had too many documents to even process "pass" or "refused". Will this shambolic state of HO help explaining to support my case? (I do not remember but back in 1998, it was like this too).

thanks so much,
Latte

[Wanderer]

Hi, thanks all for some commnts.
My 1 month gap as HO have on their system is back in 1998 and this was the time I was changing colleges, I've applied to a new college in June before my student visa expired on 1 July 1998. but only received HO stamp on new student visa dated 7 Aug 1998, therefore the gap made although I was in the country and was awaiting for my passport back this time.
And from 1997 till 2000 I was going to different english schools and diploma courses, and back in nearly 10 years, I do not keep all "acceptance letters" from them to prove, but I have never illegally stayed here in 10 years..
I just need to prove in writing that the reason why a month gap was made is not my fault but the cercumstances of HO and postal delay, but I do not know how.. in this formal HO appeal.
HO already not doing what they are supposed because of this new rules, my same day application was delayed as they completely shut the whole office for 1 day and half on 28/9th March, and did not give back my documents when they finally deicided on 4 Apr because they had too many documents to even process "pass" or "refused". Will this shambolic state of HO help explaining to support my case? (I do not remember but back in 1998, it was like this too).

thanks so much,
Latte

If you didn't keep the proof of posting/registered or recorded delivery slip then surely this is your fault? Why are you blaming the HO?

Is this another incidence of the HO getting wise to perennial student route to ILR method?

[latte]

Hello, can somebody help me with an advice.
I've applied ILR for 10 years of stay in fast track, but home office found out there was a month gap in 1998 which I do not remember (think this was the time I was waiting for my student visa extension) so they refused. now I need to make an appeal, what do I need to do?
There is no physical evidence to support the resulted month gap sych as postal receipt from 1998! I've applied and got accepted at a college in june, but the granted stamp of new student visa is dated 7 Aug.
Has anyone succeeded in making an appeal after being refused?

many thanks..

Could you tell us what exactly is written on the HO letter to you?

Hi, quick replay to this.
After HO delayed my application(was supposed to be same day service) -they had a powercut-, and even finally made decision that my application was refused, they were unable to process this, therefore there is no documents back to me nor official letter from them yet...
I'll comment on this as soon as I get letter and documents back to me, hopefully this week.

[sunnyday]

Hi Latte,

I don't think the date on your renewal visa is a problem. Most students send off their documents a few weeks before their visa expire and those documents are only processed after a few weeks due to the sheer amount of applications. I would say in a lot of cases, applications aren't processed before the previous visa expiry date. Therefore this explains the late date stamped on your visa - its the date when your visa was being processed, not the date you send off your application. You need to proof that you did not overstay and that you sent off your documents before visa expiry date. Did you not use recorded delivery and track it yourself back then?

[latte]

Hi Latte,

I don't think the date on your renewal visa is a problem. Most students send off their documents a few weeks before their visa expire and those documents are only processed after a few weeks due to the sheer amount of applications. I would say in a lot of cases, applications aren't processed before the previous visa expiry date. Therefore this explains the late date stamped on your visa - its the date when your visa was being processed, not the date you send off your application. You need to proof that you did not overstay and that you sent off your documents before visa expiry date. Did you not use recorded delivery and track it yourself back then?

Unfortunately I do not have the proof for the postal service for sending my passport. All I have is my memory with 1998 diary (that I enrolled a college on 18th June and recceiving passport back on 10th Aug).
Do HO really expect postal proof from 9 years back?

[EJ]

Dear Latte,

It appears that the HO has the info regarding your application in 1998 on your file and are just making life difficult for you. I would suggest you request a copy of your HO file under the Data Protection Act. You may find all that is needed in that, including the post office receipt they are after.

[latte]

Dear Latte,

It appears that the HO has the info regarding your application in 1998 on your file and are just making life difficult for you. I would suggest you request a copy of your HO file under the Data Protection Act. You may find all that is needed in that, including the post office receipt they are after.

Thanks EJ.
I may try that. Do the HO keep all documents under my file? and Do I or my representitive have the access to all of them under the Data Protection Act?
For now, I don't have the application documents or passports or HO refusal letter with me back yet.. so I can't really do anything. Just preparing how to make my appeal work.
Does anyone know the tips for making appeals (how the letter should be written or what documents to produce etc)? I'd like to hear from someone who's experienced the same, I can't seem to find it here..

[antontony]

Hello,

That is very strange refusal.

Under 10 year long residence rule a persona is considered to be CONTINUOUSLY resident in the UK if she/he is not absent from the UK for more then 6 MONTHS in one go.

In your case your 1 month could well be a holiday period.

Anyway, good luck with your appeal.

Regards,

Anton

[Marco 72]

antontony: the refusal was based on the Home Office's claim that the OP was not a legal resident for the whole 10 years. In other words according to the HO he did not have a valid visa during that month.

[kairos]

Thanks EJ.
I may try that. Do the HO keep all documents under my file? and Do I or my representitive have the access to all of them under the Data Protection Act?

Hi Latte. The HO does keep everything on file (or at least they're supposed to). You'll need to make a Subject Access Request, which costs £10 and will take up to 40 days to be processed. You can contact the HO's Information Management Directorate on 0207 8670 4992 for more information. Good luck!

[sunnyday]

antontony: the refusal was based on the Home Office's claim that the OP was not a legal resident for the whole 10 years. In other words according to the HO he did not have a valid visa during that month.

Exactly, and the one month illegal stay was caused by postal delay as the OP claims. Therefore HO did not receive the document before the previous visa expiry.

[latte]

Thanks EJ.
I may try that. Do the HO keep all documents under my file? and Do I or my representitive have the access to all of them under the Data Protection Act?

Hi Latte. The HO does keep everything on file (or at least they're supposed to). You'll need to make a Subject Access Request, which costs £10 and will take up to 40 days to be processed. You can contact the HO's Information Management Directorate on 0207 8670 4992 for more information. Good luck!

Hi Kairos, and EJ. thanks again for comments regarding finding out the reason why the gap was made.
I'll try contact HO for my file as my memory serves that I've applied renewal of visa before previous one expired. but if it takes up to 40 days, how can I make HO review my application which was made in end March?
I'll write to them asking to review, but has anyone succeed in doing so?(espeacially since the new rules kicked in..)

I guess I may have to reapply with the new fee with an explanation for the gap..?! or if i couldn't get the right file to prove the gap, I'll have to wait till aug 2008 to apply?!

[latte]

Hi, been a little while.
just to update my ILR application case.
Received HO letter now and I have been yes refused and I have no right to appeal! (assume because I have a valid visa still..?)
I was not sure if I was eligible (this was before I found this lovely forum!) and time was running out before the new fee and UK test from Apr, I used a UK visa company (OISC registered), they said I could as long as you have not been away from longer than 3 months- yes I figured that too from SET)O) guidance- and went ahead, and got it refused because of a month gap.
I was not aware at of this gap, and was never asked about it.
If I was applying myself I would have checked like this forum myself to be crystal clear positive about my eligibility, but I relied on professional company (coz, again I was in a hurry and was in need of professional help) who didn't check/ask, I feel let down so much. when it was about to be refused)at HO via fast tracking), I was told I could make an appeal that I believed I had another chance to explain, but the visa company was saying so without knowing the fact I hold a valid visa (therefore I had no right!) Regardless of making an appeal might have helped me a little or great, how can anyone "professional" fail to check client's case study? I don't mean to open a different topic, but after 10 min meeting with this visa company's case worker, she did not even know what nationality I am and that I am on WP...

I'm trying to find out by data protection act for my exact date/method etc of student visa application. and preparing for ILR application next year with WP.

anyway, the result in short,
I was not eligible for ILR without a good proof of the gap reason or explanation.
that I learnt a lot from bitter experiences but lost so much money, mostly for Visa company who I should not have relied on.

For anyone similar situation, I'd happily give advice myself now.
Thanks so much for all the people who read/commented on this topic.

[OL7MAX]

My very first post here was to seek help with finding a good immigration lawyer. Since then I've spent a lot of time and money speaking to so called experts to select a good one. What I've found is that the average level of knowledge is less than what you can pick up at these boards yourself in a couple of days. Competence is a bit more difficult to judge but carefully planted questions (to which you already know the answer), quick replies to emails and phone calls, and recommendations from people you know should help a bit towards finding the right one for you. But, I sympathise, it really is a minefield out there.

Good luck.

[sunnyday]

Hi, been a little while.
just to update my ILR application case.
Received HO letter now and I have been yes refused and I have no right to appeal! (assume because I have a valid visa still..?)
I was not sure if I was eligible (this was before I found this lovely forum!) and time was running out before the new fee and UK test from Apr, I used a UK visa company (OISC registered), they said I could as long as you have not been away from longer than 3 months- yes I figured that too from SET)O) guidance- and went ahead, and got it refused because of a month gap.
I was not aware at of this gap, and was never asked about it.
If I was applying myself I would have checked like this forum myself to be crystal clear positive about my eligibility, but I relied on professional company (coz, again I was in a hurry and was in need of professional help) who didn't check/ask, I feel let down so much. when it was about to be refused)at HO via fast tracking), I was told I could make an appeal that I believed I had another chance to explain, but the visa company was saying so without knowing the fact I hold a valid visa (therefore I had no right!) Regardless of making an appeal might have helped me a little or great, how can anyone "professional" fail to check client's case study? I don't mean to open a different topic, but after 10 min meeting with this visa company's case worker, she did not even know what nationality I am and that I am on WP...

I'm trying to find out by data protection act for my exact date/method etc of student visa application. and preparing for ILR application next year with WP.

anyway, the result in short,
I was not eligible for ILR without a good proof of the gap reason or explanation.
that I learnt a lot from bitter experiences but lost so much money, mostly for Visa company who I should not have relied on.

For anyone similar situation, I'd happily give advice myself now.
Thanks so much for all the people who read/commented on this topic.

Hi Latte,

Im sorry to hear that. I was discussing your case with another person on the board but am not clear what exactly resulted in your refusal.

Is this simply the case that you had a gap in visa which was the time you were waiting for the visa renewal ( which makes the gap legal, provided that you had sent in the application on time)? If this is the case, maybe the problem was on the fact that you applied by fast track when you weren't supposed to.

Another possibility is that you were late making this visa application or at least this was what claimed by the HO, therefore making the gap an illegal period of stay (well, until the day the HO received your application that is).