ILR Refused - out of time application 2010

[zilcan]

Hi Vinny,

I don't really know how to contact you. I am in problems right now. I actually sent my ILR recently, which returned back on 31 March as refused based on one of the gap, I had in 2010. I applied for my visa on 26 January 2010 (four days before the date of visa expire i.e. 31 January 2010), which was returned invalid on 24 February. On 1 March, I applied again. However, in stress (due to my mother's severe illness), I couldn't put the right application form, application forms were changed between the month of January and February, which I couldn't realized. On 10 of April (letter written on 8 April 2010), HO issued me a refusal letter with no right of appeal and wrote that I should leave the country within sometime. I contacted University and University asked me to visit them, as my mother's health went bad to worst, I couldn't decide what to do. However, University applied for a new CAS and issued me on 17 April. In the meantime, they sent a letter to HO (on 21 April) saying that the student would be applying soon. On 14 May we applied based on new application and visa was granted somewhere in June. Now regarding my ILR, HO argue is that I applied late (or out of application). I am bit stressed now, they didn't give me any option of appeal (my current visa is running out in 2018). I recently have hired a Barrister and I do have a meeting with him tomorrow. My only question is on what ground would we be asking for reconsideration now???

Please also note that I entered UK in February (9 of Feb) as a student and still is a student. Please advice, what to do next???

[Zee ali]

Hi Vinny,

I don't really know how to contact you. I am in problems right now. I actually sent my ILR recently, which returned back on 31 March as refused based on one of the gap, I had in 2010. I applied for my visa on 26 January 2010 (four days before the date of visa expire i.e. 31 January 2010), which was returned invalid on 24 February. On 1 March, I applied again. However, in stress (due to my mother's severe illness), I couldn't put the right application form, application forms were changed between the month of January and February, which I couldn't realized. On 10 of April (letter written on 8 April 2010), HO issued me a refusal letter with no right of appeal and wrote that I should leave the country within sometime. I contacted University and University asked me to visit them, as my mother's health went bad to worst, I couldn't decide what to do. However, University applied for a new CAS and issued me on 17 April. In the meantime, they sent a letter to HO (on 21 April) saying that the student would be applying soon. On 14 May we applied based on new application and visa was granted somewhere in June. Now regarding my ILR, HO argue is that I applied late (or out of application). I am bit stressed now, they didn't give me any option of appeal (my current visa is running out in 2018). I recently have hired a Barrister and I do have a meeting with him tomorrow. My only question is on what ground would we be asking for reconsideration now???

Please also note that I entered UK in February (9 of Feb) as a student and still is a student. Please advice, what to do next???

U have a big gap almost 4 months. I think u should not waste your money on barrister and try your luck in some other category

U still have valid leave till 2018 so penalty of time to think about

[sajjuz]

Hi Vinny,

I don't really know how to contact you. I am in problems right now. I actually sent my ILR recently, which returned back on 31 March as refused based on one of the gap, I had in 2010. I applied for my visa on 26 January 2010 (four days before the date of visa expire i.e. 31 January 2010), which was returned invalid on 24 February. On 1 March, I applied again. However, in stress (due to my mother's severe illness), I couldn't put the right application form, application forms were changed between the month of January and February, which I couldn't realized. On 10 of April (letter written on 8 April 2010), HO issued me a refusal letter with no right of appeal and wrote that I should leave the country within sometime. I contacted University and University asked me to visit them, as my mother's health went bad to worst, I couldn't decide what to do. However, University applied for a new CAS and issued me on 17 April. In the meantime, they sent a letter to HO (on 21 April) saying that the student would be applying soon. On 14 May we applied based on new application and visa was granted somewhere in June. Now regarding my ILR, HO argue is that I applied late (or out of application). I am bit stressed now, they didn't give me any option of appeal (my current visa is running out in 2018). I recently have hired a Barrister and I do have a meeting with him tomorrow. My only question is on what ground would we be asking for reconsideration now???

Please also note that I entered UK in February (9 of Feb) as a student and still is a student. Please advice, what to do next???

Hi Zilcan,
When did you apply for your ilr? On the refusal letter did they tell you when you can apply again?

It is my understanding that you were out of status in 2010 and therefore your 5 year or 10 year period should have started from June 2010.
Which category did you apply under? Was it the 10 year route?

If you are applying under the 10 year route then you would be eligible again in 2020 June. You say you have leave until 2018 can you study further for another two years? I know it must be hard as you were hoping for ilr now and you have to wait another 5 years. Do meet the barrister and let us know what he says as well. Goodluck.

[zilcan]

thanks for the replies and suggestions...

my barrister is about to send a pre action protocol and he found something interesting based on 34c. he suggested that as the law or rule says that when your application is invalid, then you get another chance to submit your amended documents. now his argument is that when I submitted my application again early in March 2010 after rejection, I submitted the document, which the HO asked me for. Although, during the submission of application in March 2010 (and between February 2010), I did not realize that the law was changed and instead I submitted the documents, which I submitted at the first time i.e. in January 2010. Now I haven't got nothing in my hands, but to trust him based on his knowledge and experience. so pray, hope things will go better. however, if any of you have suggestions or recommendations, then please write so...

thanks,
zilcan

[vinny]

Why was the application returned as Invalid on 24 February 2010?

[Zee ali]

I did not realize that the law was changed and instead I submitted the documents, which I submitted at the first time i.e. in January 2010.

U need to prove in court that this is HO fault or error not yours. But u acknowledge that u did not realize that the law (forms ) changed.

[zilcan]

thanks for your reply.

yes, this is what my barrister is planned to do. we wont bring the second application form in this discussion (i.e. form I submitted later) and will fight on the basis of first application. it will be tricky, I will inform you all. pray for my success.

Thanks,
zilcan

[Zee ali]

thanks for your reply.

yes, this is what my barrister is planned to do. we wont bring the second application form in this discussion (i.e. form I submitted later) and will fight on the basis of first application. it will be tricky, I will inform you all. pray for my success.

Thanks,
zilcan

Why your first application came back as invalid?

[zilcan]

because of pictures, which were then sent back and were accepted

[vinny]

5.2 Where a variation complies with all the requirements of paragraph 34A except the submission of photographs, and the applicant (and dependants if appropriate) has already submitted photographs with their initial application, discretion outside the rules may be exercised to accept the variation as valid.

[zilcan]

Dear Vinny,

Many thanks for this document, it really makes sense. I have just forwarded the document to my solicitor. I am so really grateful. Blessings...

[Basra]

@vinny,
I hope you are fine there I would like to ask about one point in my ilr application. I have applied ilr 10 years long residency application,my PSW visa was expired on 9th March 2013 and I applied tier 1 entrepreneur application on 13 March 2015 which was refused on 10 June 201, my solicitor sent a pre action protocol letter on 13 June 2013 and my case was win in JR proceedings just before hearing (home office took back his decision and issued me visa on 12 June 2014.
So what is the effect on my ilr application,it ll refused due to gap or not...
Kindly reply thank you

[zilcan]

Hi Vinny,

Is there anyway I can contact you. It would be great, if I can have your email address or contact number something???

Many Thanks,
Zilcan

[vinny]

@vinny,
I hope you are fine there I would like to ask about one point in my ilr application. I have applied ilr 10 years long residency application,my PSW visa was expired on 9th March 2013 and I applied tier 1 entrepreneur application on 13 March 2015 which was refused on 10 June 201, my solicitor sent a pre action protocol letter on 13 June 2013 and my case was win in JR proceedings just before hearing (home office took back his decision and issued me visa on 12 June 2014.
So what is the effect on my ilr application,it ll refused due to gap or not...
Kindly reply thank you

If they wrongly refused your tier 1 entrepreneur application of 13 March 2015, then you may be okay.

[vinny]

Hi Vinny,

Is there anyway I can contact you. It would be great, if I can have your email address or contact number something???

Many Thanks,
Zilcan

Continuing in this topic is a way.

[Basra]

@vinny,
Sorry there is mistype in my revious post,my tier 1 entrepreneur application applied on 13 March 2013 which was refused on 10 June 2013 and I got visa 12 June 2014 through Jr proceedings,,,,yes home office took back refusal decision well time before Jr hearing.....
I have applied n 22 April 2015.......
Thank you for your kind reply

[zilcan]

no problems Vinny, I will update you with what happen next.

[zilcan]

Hi Vinny,

Just another question as I have to attach an exampler (or previous case) to support my case. do you have any example of similar case happened in past?

Many Thanks,
zilcan