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Message
Jollyjustcome
PostPosted: Sat Nov 02, 2013 7:10 am Post subject: 10 years ILR refused
Can anybody please advice. My husbands ILR was refused because he had a gap of 3 months in 2009. The gap occurred after we lost an appeal for tier 1. The appeal was dismissed and we informed our legal representative who informed us that he had taken the next step to proceed with judicial review.
We re applied for the tier 1 and we were granted without HO mentioning the gap. The leave expired in April 2013. He applied for ILR and was shocked that it was refused because of the gap. He's been given right to appeal. What other options do we have? Thanks
nanipals wrote:As I am on Tier-1 Dependent and have valid visa till June 2014. They did not give right to appeal.They mentioned that as per section 82, as i have valid permission to stay in uk till next year, i am not entitled to appeal. I dont undestand why i cant appeal if their decision was not based on the facts ??Babz wrote:Were you given right to appeal?nanipals wrote:Hi every one,
Sadly my ilr got rejected. The reason was very odd.. I came to UK for masters in Feb 2003. Finished masters and then started PhD with full funding from the University. My visa was expiring on 28th February 2005 and i applied for visa extension on 21st February 2005 using university student batch scheme. Got a call from the university on 5th Arpil 2005 stating that there is some problem with my application. They told me that payment was declined and i need to provide alternative payment within 28days. I arranged postal draft with 10 days and university resent my application. On 15th April, the application was sent back to home office.
They considered the whole period between 1st of March 2005 and 16th May 2005 ( The day my visa was approved ) was considered as over stay.
I understood there is some fishiness and applied for SAR file prior to applying for my ILR. SAR file stated that : my application in question(february 2005) was valid but declined payment, the application sent back to applicant on 8th March 2005. PRP Claimed for on 4th April 2005 and re-sent .. So there was some problem. I called home office to know about PRP. It is " Application returned back to home office". So there was a clear problem that either royal mail messed it up or home office.
In Cover letter, my solicitor wrote this: " As it is sent through student batch scheme, it should be resent to university.. But it seemed to send it to my client. If you sent it to my client, he should has received it but he did not received it . you sent back to university which they received on 5th April and informed y client and my client responded within 28days and arranged alternative payment and university sent application back on 15th April 2005. "
In my ILR refusal letter . They mentioned that " Your representative has put forward your argument that your rejection notices should have been sent to your college but were in fact sent to your private address. we have duly considered thus and can see from your application form of 1st march 2005 that you have written private address into the box 2.9 which relates to the addess with which you would like your passports and documents sent , if different to the one stated in 2.8. The address was subsequently scribbled out , but no other address is stipulated on any part of the application. The letter from the college dated 15 April 2005 does indeed request that we send all processed applications to the college , but that letter was sent to us as a re-submission of the application and after the rejection of th first one. Although we regret that you did not receive your rejection notification in time to re-applu, unfortunately the onus is on the applicant to ensure that the application form clearly states where the documents are to be sent and as such, there is no provision for exercising discretion in circumstances such as this. With this in mind you are considered to have broken your continuous residence and therefore you can not satisfy the requirement to have completed atleast 10years continuous lawful residence."
My Question is : If they sent it to my private address, i should have received it.. but i did not receive it. So how they can claim that they sent them properly to me.. It is clear case of Section 3b and 3c..(my payment declined).
My Solicitor is saying that nothing he can do than asking an explanation from home office by approaching through MP..
I would like to know if it helps.. I need your suggestion .. will it be better to write letter to them or keep calm .
He is saying that i need to make judicial review petetion in high court and it costs me thousands..
Please suggest me which is better ...Please help me
I know what you mean, waiting is not easy job to do.but here this is the only hope.i know you will be ok in appeal.in appeal they check every aspect. be strong and keep smilingJollyjustcome wrote:Thank you zabizabi for your response. We wrote to our mp and he wrote back informing us that he's unable to do anything now till the outcome of the appeal in march 2014. Waiting that long is not easy.....:
Thank you zabizabi. My soliticitor is planning to write a letter to request an explanation from home office before moving to Judicial Review as the reason that they gave is not fair. He told me that it will cost fortune. I dont know whether to go ahead or not.zabizabi wrote:NANIPALS,
THE REASON YOU DONT HAVE THE RIGHT TO APPEAL I THINK IS YOUR CURRENT VISA EXPIRY DATE.THEY DONT GIVE THIS RIGHT IF U ALREADY HAVE VISA AND EXPIRING LATER.ONCE HAPPENED WITH ME BUT THEY GAVE ME CHANCE TO REAPPLY WITH REQUIRED DOCUMENTS.MY BANK STATMENT WAS TWO DAYS SHORT BECAUSE OF FEB MONTH.I REALISED IT LATER WHICH WAS VERY LATE.SO BETTER YOU FOCUS ON REAPPLY OR YOU WRITE DIRECTLY TO HOME OFFICE OR USE COMPLAIN SECTION.YOU ARE WELL EDUCATED PERSON.I DONT WISH SCH THINGS FOR YOU.NOW RELAX AND DONT GET ANY TENSION.I KNOW ITS LITTLE BIT COMPLICATED RESULT AFTER 10 YEARS WAIT,I CAN UNDERSTAND .RELAX THINK WITH COOL MIND, PRAY FOR YOURSELF. THIS IS NOT THE END OF LIFE NOR THE END OF FIGHT, I KNOW ONEDAY YOU WILL COME HERE WITH GOOD NEWS
special_member wrote:I applied for ILR (10 years) a month ago and had biometrics done couple of weeks ago. My father back home is not very well and I would really like to go and see him due to his illness. Could someone kindly please guide me how can I request home office to prioritise my application, also whether they do accept this kind of requests and if so how quickly they will process my application.
Many thanks!
nanipals wrote:you should focus on one thing at a time.one of you need ILR.find out the total cost from solicitor.check the cost with other solicitors as well.you know your case better.if it is costing you alot thn you should wait for your wife ILR.i think you both can show your income.better you discus this with your solicitor,solicitor always catch weak points, so this is business deal.talk to them and find out the cost.anyway it will be a very lengthy process.he has to wait for reply,bla bla and bla.focus on other options as well. find out best immigration solicitors .they cost less for legal advices.by the way cases like this is earning for them, they dont worry about results.if you loose it still you have to pay them so someone of them never suggest right way. wait for wife ILR or other option.NO WIN NO FEE GOOD DEALzabizabi wrote:NANIPALS,
THE REASON YOU DONT HAVE THE RIGHT TO APPEAL I THINK IS YOUR CURRENT VISA EXPIRY DATE.THEY DONT GIVE THIS RIGHT IF U ALREADY HAVE VISA AND EXPIRING LATER.ONCE HAPPENED WITH ME BUT THEY GAVE ME CHANCE TO REAPPLY WITH REQUIRED DOCUMENTS.MY BANK STATMENT WAS TWO DAYS SHORT BECAUSE OF FEB MONTH.I REALISED IT LATER WHICH WAS VERY LATE.SO BETTER YOU FOCUS ON REAPPLY OR YOU WRITE DIRECTLY TO HOME OFFICE OR USE COMPLAIN SECTION.YOU ARE WELL EDUCATED PERSON.I DONT WISH SCH THINGS FOR YOU.NOW RELAX AND DONT GET ANY TENSION.I KNOW ITS LITTLE BIT COMPLICATED RESULT AFTER 10 YEARS WAIT,I CAN UNDERSTAND .RELAX THINK WITH COOL MIND, PRAY FOR YOURSELF. THIS IS NOT THE END OF LIFE NOR THE END OF FIGHT, I KNOW ONEDAY YOU WILL COME HERE WITH GOOD NEWS
Thank you zabizabi. My soliticitor is planning to write a letter to request an explanation from home office before moving to Judicial Review as the reason that they gave is not fair. He told me that it will cost fortune. I dont know whether to go ahead or not.
I am on Tier-1 Dependent (I changed my PSW to Tier-1 Dependent instead of Tier-1 General as i planned to get my ILR with her in 2014 to be on safe side.) visa. Now, My question is : will this effect my ILR application next year based on Tier-1 dependent for more than 2 years by that time.. Applied Tier-1 dependent before July 2012. I am worrying a lot on this.. Now, i need to think about my wife's ILR: she is on maternity till august next year.. will this affect her ILR application.. Although she has savings to support., she can not show monthly income as she will be getting only Statotory Maternity Pay.. My income will be there to show .. but i dont how it helps..
Next question in mind is: If i go for Judicial review and win the case , will i get my money back ..will i get all the expenses incurred to me and my solicitor. My Solicitor wants to go for Judicial Review .. But I am thinking that will cost me a lot.. I am blessed with a baby girl 2 weeks ago. It costs me more than £3200 for my new born baby's passport and UK Tier-1 Dependent visa and then naturalisation .. It costs me and my wife another £4000 for ILR next year.. We are not applying for my baby's visa now and stopped thinking to take my baby to my parent's and my inlaw's place..
Thank you so much .. I will talk to my solicitor and will find a deal.. i will also look for no win no fee solicitors..I think it is better to wait for my wife's visa.. but i dont know if this result will affect my wife's ILR or mine in future..zabizabi wrote:nanipals wrote:you should focus on one thing at a time.one of you need ILR.find out the total cost from solicitor.check the cost with other solicitors as well.you know your case better.if it is costing you alot thn you should wait for your wife ILR.i think you both can show your income.better you discus this with your solicitor,solicitor always catch weak points, so this is business deal.talk to them and find out the cost.anyway it will be a very lengthy process.he has to wait for reply,bla bla and bla.focus on other options as well. find out best immigration solicitors .they cost less for legal advices.by the way cases like this is earning for them, they dont worry about results.if you loose it still you have to pay them so someone of them never suggest right way. wait for wife ILR or other option.NO WIN NO FEE GOOD DEALzabizabi wrote:NANIPALS,
THE REASON YOU DONT HAVE THE RIGHT TO APPEAL I THINK IS YOUR CURRENT VISA EXPIRY DATE.THEY DONT GIVE THIS RIGHT IF U ALREADY HAVE VISA AND EXPIRING LATER.ONCE HAPPENED WITH ME BUT THEY GAVE ME CHANCE TO REAPPLY WITH REQUIRED DOCUMENTS.MY BANK STATMENT WAS TWO DAYS SHORT BECAUSE OF FEB MONTH.I REALISED IT LATER WHICH WAS VERY LATE.SO BETTER YOU FOCUS ON REAPPLY OR YOU WRITE DIRECTLY TO HOME OFFICE OR USE COMPLAIN SECTION.YOU ARE WELL EDUCATED PERSON.I DONT WISH SCH THINGS FOR YOU.NOW RELAX AND DONT GET ANY TENSION.I KNOW ITS LITTLE BIT COMPLICATED RESULT AFTER 10 YEARS WAIT,I CAN UNDERSTAND .RELAX THINK WITH COOL MIND, PRAY FOR YOURSELF. THIS IS NOT THE END OF LIFE NOR THE END OF FIGHT, I KNOW ONEDAY YOU WILL COME HERE WITH GOOD NEWS
Mkoolb wrote:Guys been a silent reader for a while now,see timeline below:
Application sent: 21/06/13
Payment method:card
Acknowledgement letter:25/06/13
Biometric letter received: 05/07/13
Biometric enrolled: 05/07/13
Approval letter dated: 30/10/13
Passport received:01/11/13
Biometric card:waiting
Now time to start again with naturalisation, applying this week.
Mkoolb wrote:Guys been a silent reader for a while now,see timeline below:
Application sent: 21/06/13
Payment method:card
Acknowledgement letter:25/06/13
Biometric letter received: 05/07/13
Biometric enrolled: 05/07/13
Approval letter dated: 30/10/13
Passport received:01/11/13
Biometric card:waiting
Now time to start again with naturalisation, applying this week.
Mkoolb wrote:Guys been a silent reader for a while now,see timeline below:
Application sent: 21/06/13
Payment method:card
Acknowledgement letter:25/06/13
Biometric letter received: 05/07/13
Biometric enrolled: 05/07/13
Approval letter dated: 30/10/13
Passport received:01/11/13
Biometric card:waiting
Now time to start again with naturalisation, applying this week.
congratulationsMkoolb wrote:Guys been a silent reader for a while now,see timeline below:
Application sent: 21/06/13
Payment method:card
Acknowledgement letter:25/06/13
Biometric letter received: 05/07/13
Biometric enrolled: 05/07/13
Approval letter dated: 30/10/13
Passport received:01/11/13
Biometric card:waiting
Now time to start again with naturalisation, applying this week.
raholptl wrote:Congrats Mkoolb,
whould you plese share what documents you sent?
dont you have to wait for 12 months before applying for naturalisation?Mkoolb wrote:Guys been a silent reader for a while now,see timeline below:
Application sent: 21/06/13
Payment method:card
Acknowledgement letter:25/06/13
Biometric letter received: 05/07/13
Biometric enrolled: 05/07/13
Approval letter dated: 30/10/13
Passport received:01/11/13
Biometric card:waiting
Now time to start again with naturalisation, applying this week.
