ILR refused - please help

[mpd16]

My ILR application under 10 year lawful long residence was refused recently and have been given right to appeal. The reason was that I made an out of time student visa extension application in July 2005; 40 days gap. This was due to the university failing to contact me in time, since they were not satisfied with my reason for extension. I wrote a detailed covering letter with approval from my professor and then the application was sent to Home Office.

I also have a speeding offense in my record, committed in April 2012, which was referred to Scottish Fiscal court. I was fined £300 and 4 points penalty.

If I go ahead with my appeal, will I be successful? Please advice.

[john_white]

My ILR application under 10 year lawful long residence was refused recently and have been given right to appeal. The reason was that I made an out of time student visa extension application in July 2005; 40 days gap. This was due to the university failing to contact me in time, since they were not satisfied with my reason for extension. I wrote a detailed covering letter with approval from my professor and then the application was sent to Home Office.

I also have a speeding offense in my record, committed in April 2012, which was referred to Scottish Fiscal court. I was fined £300 and 4 points penalty.

If I go ahead with my appeal, will I be successful? Please advice.

good morning

have you mentioned about your speeding offensse in ILR form and penalty is been served you should not worry about about it and get a nice lawyer and appeal

[Amber]

My ILR application under 10 year lawful long residence was refused recently and have been given right to appeal. The reason was that I made an out of time student visa extension application in July 2005; 40 days gap. This was due to the university failing to contact me in time, since they were not satisfied with my reason for extension. I wrote a detailed covering letter with approval from my professor and then the application was sent to Home Office.

I also have a speeding offense in my record, committed in April 2012, which was referred to Scottish Fiscal court. I was fined £300 and 4 points penalty.

If I go ahead with my appeal, will I be successful? Please advice.

Regarding the gap, there is discretion to allow a gap of longer than 28 days in exceptional circumstances, a compelling letter would be good see pages 17/18 here. Regarding your Fiscal Fine, this is generally akin to an FPN and thus you should complete a SAR request from the Police for information on the PNC. If it is not recorded on the PNC it should pose no issue.

[mpd16]

Good morning John and Guru,

Many thanks for taking the time to advice me. I have found a lawyer who has asked me to request any records from university in support of the 40 day gap. I will try and get a letter from my professor that I had always made application in time to the University's International office. will this be adequate?

John, yes I attached all the document related to the speeding offense with fine payment receipts in my ILR application.

Guru, my lawyer mentioned that the driving offense is in my records and will remain until 2017 and this could not work in my favour when standing before a judge in the appeal hearing.

Also, I have a clean 5 year work permit visa from March 2008 till March 2013 and hence also qualify under "ILR 5years Work permit" category".
And my current employer is still willing to employ me. Will this have any advantage in my appeal? Should I write to the case worker?

Please if you can shed any light on these, when you can find some time.

Magesh

[Amber]

Good morning John and Guru,

Many thanks for taking the time to advice me. I have found a lawyer who has asked me to request any records from university in support of the 40 day gap. I will try and get a letter from my professor that I had always made application in time to the University's International office. will this be adequate?

John, yes I attached all the document related to the speeding offense with fine payment receipts in my ILR application.

Guru, my lawyer mentioned that the driving offense is in my records and will remain until 2017 and this could not work in my favour when standing before a judge in the appeal hearing.

Also, I have a clean 5 year work permit visa from March 2008 till March 2013 and hence also qualify under "ILR 5years Work permit" category".
And my current employer is still willing to employ me. Will this have any advantage in my appeal? Should I write to the case worker?

Please if you can shed any light on these, when you can find some time.

Magesh

Your 'lawyer' will not know what is on your record. You need to do a SAR for PNC data.

[wpilr_nov12]

Good morning John and Guru,
Also, I have a clean 5 year work permit visa from March 2008 till March 2013 and hence also qualify under "ILR 5years Work permit" category".
And my current employer is still willing to employ me. Will this have any advantage in my appeal? Should I write to the case worker?

Magesh

What is your current visa situation?

[mpd16]

My work permit got expired on 5th March 2013. I applied for ILR under 10 years category o 3rd October 2013. UKBA refused to grant ILR on 7th June 2013 and I am going to appeal now.

So the work permit is still valid until the hearing/judgement is given, I assume?!

[wpilr_nov12]

My work permit got expired on 5th March 2013. I applied for ILR under 10 years category o 3rd October 2013 (2012 maybe). UKBA refused to grant ILR on 7th June 2013 and I am going to appeal now.

So the work permit is still valid until the hearing/judgement is given, I assume?!

Right now appeal is your option. Your remain under the terms of your most recent LTR which is WP. I believe you need to lodge your appeal within 10 days of 7th June 2013.

[mpd16]

Yes, in the refusal letter its ben mentioned that I need to appeal before 21st June 2013. I am doing this on monday through my lawyer.

Couldn't sleep properly because of this stress. Thanks to your guys for supporting and giving me valuable advice.

[wordable]

Stay positive, you will be fine! All is well, your appeal outcome will be good. May God strenghen you through this period. Peace.

[mpd16]

Hi all, an update on what happened and hope it helps anyone else who is or will be in a similar situation.

I appealed as per the advice in here and had my hearing. UKBA guidance clearly states that I will not be given ILR until I have served 2 years of rehabilitation period and also I have a gap of 40 days inbetween one of my student visa extensions.

But I am currently living with my EU partner for the past 3 years and hence changed my grounds of appeal under Section120 variance to get an EU residence card so I can continue living and working here. The Judge assessed both of us and declared that we are in a durable relation and hence have advised Home Office to grant me a EEA Family member residence card.

QUESTION:
1. As the Home Office process this court hearing, I am planning to apply for a Tier-2 Work permit extension since my employer is willing to issue me a Certificate of Sponsorship. I am still on a work permit which expired in March 2013. This will be another variance which is legally possible. But, my concern is whether it will be rejected since the driving offense will still be in my Criminal Record. If I get the work permit extended then in June, I will able to re-apply for ILR under Tier-2 5 years category. Could someone please shed some light on this?