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ILR REFUSED / re-applied

General UK immigration & work permits; don't post job search or family related topics!

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b2b
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ILR REFUSED / re-applied

Post by b2b » Sat Sep 22, 2007 11:35 am

Hi All,

I applied ILR based on Long stay at croyden PEO on 24 April 07. They could not decide on the day and kept application and then got refusal week later. Although I have signed and gave visa extension application to college on time in 1999 , SAB file shows 6 days Gap as my college sent my application late.

I have consulted with immigration adviser and made 2nd application in June 2007. It’s been more than 12 weeks since and has no reply come through.
Has anyone been on similar situation? Can home office hold application and if so, do they have time line that they should reply.

Any comment appreciated.

b2 :shock:

William Blake
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Post by William Blake » Mon Sep 24, 2007 8:30 pm

Well, I find that disgraceful that they would refuse you for 6 days. I don't see any fairness in that. I get the feeling we are being conned. Its like they try to find any little grounds upon which they can refuse the application. Its painful. Lots of people are in your shoes. There is a post on here called "anyone had ILR rejected for time out of the country " or something close to that. It may answer a lot of your questions. I understand people have even been refused for one day gap between visas. I think you should pressure the Home Office to give you a reply. But apparently if you need to extend your exisiting visa you can do this without affecting the reconsideration of your ILR application.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

jimquk
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Posts: 197
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Location: longsight manchester
United Kingdom

Post by jimquk » Mon Sep 24, 2007 10:20 pm

Its like they try to find any little grounds upon which they can refuse the application.
Welcome to the wonderful world of firm but fair immigration.[/quote]
The Refused are coming day-by-day nearer to freedom.

Docterror
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Location: Stoke-on-trent, UK
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Post by Docterror » Mon Sep 24, 2007 11:43 pm

...firm but fair...?

:shock: :roll:
Jabi

SYH
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Post by SYH » Mon Sep 24, 2007 11:47 pm

Docterror wrote:...firm but apparently fair...?

:shock: :roll:

VictoriaS
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Post by VictoriaS » Tue Sep 25, 2007 4:21 pm

I have several outstanding cases of this nature. It is totally out of order. So far I have had three back, approved, and I am waiting on three others.

Good luck.

Victoria
Going..going...gone!

b2b
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Post by b2b » Tue Sep 25, 2007 10:05 pm

VictoriaS wrote:I have several outstanding cases of this nature. It is totally out of order. So far I have had three back, approved, and I am waiting on three others.

Good luck.

Victoria
Thanks Victoria,

I have heard from few people that their case was taken more than a year to decide by home office. Can they take such a long time to reach decision? Or do they have any time scale that they take. Obviously fees has gone up quite a bit !!

Regards
B2

William Blake
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Post by William Blake » Tue Sep 25, 2007 10:27 pm

VictoriaS wrote:I have several outstanding cases of this nature. It is totally out of order. So far I have had three back, approved, and I am waiting on three others.

Good luck.

Victoria
Can I just ask you my dear Victoria.

Why do you think these three cases were successful ?

Is there anything in common among the cases that would have helped them to be successful ?

Did you anticipate a refusal and prepare for it ? If so how ? What evidence or supporting documents ?
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

William Blake
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Joined: Thu Jun 07, 2007 9:55 pm

Post by William Blake » Tue Sep 25, 2007 10:34 pm

b2b wrote: Thanks Victoria,

I have heard from few people that their case was taken more than a year to decide by home office. Can they take such a long time to reach decision? Or do they have any time scale that they take. Obviously fees has gone up quite a bit !!

Regards
B2
How long's a piece of string ? :lol:

I ought not to be so flippant about your case - it is quite serious. At any rate you are further down the same road that I am walking.

It can take a while if there is a back log. They sometimes discourage enquiries during the time when they are supposed to be doing processing but my experience is that you need to put some measure of pressure on them.

I hope everyone who is refused for silly reasons like this will ask for reconsideration and or appeal. Lets make it difficult for them.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

William Blake
Member of Standing
Posts: 286
Joined: Thu Jun 07, 2007 9:55 pm

Post by William Blake » Tue Sep 25, 2007 10:39 pm

SYH wrote:
Docterror wrote:...firm but apparently fair...?

:shock: :roll:
firm but unfair - evidently
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

VictoriaS
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Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Wed Sep 26, 2007 3:51 pm

Why were my cases successful?

Because of how they were so brilliantly argued of course!

They each was different, and each had it's own merits. It is a case of picking up on the compassionate nature of the application, or where an overstay was the fault of the Home Office or a college, or just explaining that the applicant shouldn't be made to suffer because of an unfair rule change.

I can't go into too much detail...otherwise I'd have no clients!

As for timescales...two took about 5 weeks, one about 4, my next one is taking a lot longer because they got back to me with some (stupid) questions.

Victoria
Going..going...gone!

William Blake
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Post by William Blake » Wed Sep 26, 2007 8:20 pm

You sound like the woman to know Miss Victoria.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

ajant
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Joined: Wed Sep 26, 2007 10:00 am

Subject Request

Post by ajant » Thu Sep 27, 2007 4:15 pm

Victoria,
Would it do any good for me to request my details from the Border and Immigration agency, before applying for ILR. I am another one of those candidates who is becoming worried about the so called "gaps" between WPs.

Thanks,

VictoriaS
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Re: Subject Request

Post by VictoriaS » Thu Sep 27, 2007 7:00 pm

ajant wrote:Victoria,
Would it do any good for me to request my details from the Border and Immigration agency, before applying for ILR. I am another one of those candidates who is becoming worried about the so called "gaps" between WPs.

Thanks,
If you are worried, then do it.

Victoria
Going..going...gone!

avjones
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Post by avjones » Fri Sep 28, 2007 9:39 am

I'd agree with Victoria. It's important to explain any gaps, put forward evidence as to the reasons why, etc. Don't just have unexplained gaps.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

ajant
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Re: Subject Request

Post by ajant » Fri Sep 28, 2007 2:19 pm

Thanks . Any ideas from your experience how long approx it takes for the personal info to come back.

b2b
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Re: Subject Request

Post by b2b » Sat Sep 29, 2007 12:06 am

ajant wrote:Thanks . Any ideas from your experience how long approx it takes for the personal info to come back.

It takes about 40 days to come.
I got this info from some other forum which may be helpful to you.

{{QUOTE(Victoria @ Jul 2 2007, 05:35 PM) [snapback]95821[/snapback]
Several people have been asking me how to get their files from the Home Office, which is increaingly important for those applying for ILR under the 10 year rule.

The website for this is here http://www.ind.homeoffice.gov.uk/naviga ... /foi_guide This has the address to write to, but does not have a format of words or the amount to pay and who to make the cheque payable to, so if anyone can add thses details I'd be grateful.

The mods may also want to sticky this....



Victoria


this info might be helpful

From 1 January 2005, the Freedom of Information Act set up a legal right of access to information held by public authorities such as the Immigration and Nationality Department (IND), which is part of the Home Office.

What does it mean for you?
It means that if you are subject to 'Immigration Controls' you can write to IND and ask for copies of all recorded information. Your request would be handled under the subject access provisions of the Data Protection Act 1998 (DPA). There is a charge of £10 for obtaining the data.

If you require copies of information held on you by IND please write to:

Immigration and Nationality Directorate (IND)
Subject Access Bureau (SAB)
10th Floor
Sunley House
Bedford Park
Croydon
CR0 2AP

Include your full name as on your IND documents

Port Reference and/or Home Office Reference numbers and address where you are living or detained.

Entitle the letter "Data Protection Act 1998 - Subject Access Request"

Then write

"I would be grateful if you could disclose the entire contents of my file. I enclose a cheque for £10".

Sign the letter and send the original but keep a copy, and send by recorded post.

Enclose a cheque for £10 made payable to 'Home Office Accounting Officer'.


How long will it take to get a reply?
You should receive a response to your enquiry within 20 working days. If it is to take longer than that the authority holding the information will write to you and tell you why.

Will IND always tell you everything you ask?
No. While the Act is designed to enable individuals to access a wide range of information, it also has a number of provisions that permit public authorities to limit the disclosure of information. These are referred to as "exemptions" and there are 23 exemptions from the rights of access under the Act. Examples of when information may not be disclosed by IND in direct response to a request would include information already publicly available via another source, personal information relating to a third party not the requester and information that may prejudice the operation of immigration controls. If information is being withheld you will normally be told the reasons why.}}

Regards

B2

ajant
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Re: Subject Request

Post by ajant » Sat Sep 29, 2007 11:04 am

Thanks B2. That was very helpful. The address I have seems to be different from what you have mentioned. It is
DATA PROTECTION UNIT
THE BORDER & IMMIGRATION AGENCY
LUNAR HOUSE
40 WELLESLEY ROAD
CROYDON
CR9 2BY

William Blake
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Gaps / long residence

Post by William Blake » Thu Nov 08, 2007 4:26 pm

Hi Victoria,

Have you had anymore long residence cases involving gaps in continuousness. I want to get a feel for how the discretionary power is being applied. Are they being very strict about the gaps? I have had so much conflicting info even from the Home Office. Some say don’t apply if you have gaps cause you won’t get it at all. Others say that they had gaps and got it.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

sunnyday
Member
Posts: 200
Joined: Wed Mar 21, 2007 7:16 pm

Re: Gaps / long residence

Post by sunnyday » Thu Nov 08, 2007 11:08 pm

William Blake wrote:Hi Victoria,

Have you had anymore long residence cases involving gaps in continuousness. I want to get a feel for how the discretionary power is being applied. Are they being very strict about the gaps? I have had so much conflicting info even from the Home Office. Some say don’t apply if you have gaps cause you won’t get it at all. Others say that they had gaps and got it.
These people who told you conflicting information are from the home office?

William Blake
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Joined: Thu Jun 07, 2007 9:55 pm

Post by William Blake » Fri Nov 16, 2007 6:16 pm

Yes mate they were. But I still say press forward. It is not a forgone conclusion that the application will fail.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

b2b
Newly Registered
Posts: 7
Joined: Sat Sep 22, 2007 11:13 am

Post by b2b » Wed Nov 21, 2007 3:12 pm

Hi all,

Anyone given ILR on similar situation ??? I am still waiting to hear from home office. Its been almost 6 months now, No reply .. No news.

any suggestion


regards

B2b :cry:

sunnyday
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Joined: Wed Mar 21, 2007 7:16 pm

Post by sunnyday » Thu Nov 22, 2007 12:30 pm

6 months since you've reapplied? Have you chased them up about your application? It's better if they were considering which has taken so long but your file could be just setting around too.

b2b
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Post by b2b » Fri Nov 23, 2007 8:55 am

sunnyday wrote:6 months since you've reapplied? Have you chased them up about your application? It's better if they were considering which has taken so long but your file could be just setting around too.
Yes, 6 months. I applied through Solicitor. So I asked her to write them. I have been told verbally she has written to them but i have no record of it. Should the solicitor advised me what they have written to home office?

VictoriaS
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Post by VictoriaS » Fri Nov 23, 2007 9:59 am

She should, but sometimes we can be a bit slow and forgetful!

It is not unusual for applications made before April to have taken this long to be considered - I know I have a couple.


Victoria
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