ILR refused for applying early - advise needed.

[Jojo19]

I need advise pls.

My ILR was refused for applying early. I was given contradictory advice by the HO that the application date was your biometric date. But the refusal letter stated application date.

I later found out my two 30 months leave was never 60 months in total. It was 15 days short.

Dates : 19th Feb 14 - 4 Feb 19

I wrote to HO to reconsider because I was given wrong information when I called prior to me applying. At the time there was no guidance online when I applied that’s why I called HO in the first place.

Also the refusal letter was dated on the 18th feb when I had completed the 60months but no discretion was applied to me.

I received a letter back that only addressed the application date again and totally ignored the remaining points I made. but was more interested in me paying the IHS fee for LLR.

It’s funny that the HO could delay my application for a month despite paying super priority. That 1 month and fours days has cost me to miss out on the 5 years route. They havent still refunded my priority fee but requesting additional fees to put me on the 10 yrs route.

My question is can I apply for a judicial review? Can I collect another limited leave and still pursue the Judicial review?
I have until next week to pay so I need advise please.

[aman90]

I need advise pls.

My ILR was refused for applying early. I was given contradictory advice by the HO that the application date was your biometric date. But the refusal letter stated application date.

I later found out my two 30 months leave was never 60 months in total. It was 15 days short.

Dates : 19th Feb 14 - 4 Feb 19

I wrote to HO to reconsider because I was given wrong information when I called prior to me applying. At the time there was no guidance online when I applied that’s why I called HO in the first place.

Also the refusal letter was dated on the 18th feb when I had completed the 60months but no discretion was applied to me.

I received a letter back that only addressed the application date again and totally ignored the remaining points I made. but was more interested in me paying the IHS fee for LLR.

It’s funny that the HO could delay my application for a month despite paying super priority. That 1 month and fours days has cost me to miss out on the 5 years route. They havent still refunded my priority fee but requesting additional fees to put me on the 10 yrs route.

My question is can I apply for a judicial review? Can I collect another limited leave and still pursue the Judicial review?
I have until next week to pay so I need advise please.

How did you calculate your 5years in uk?
When did you enter and what date did you apply for ILR?

[vinny]

Unfortunately, they seem to have a habit of refusing early applications.

However, do complain if they failed to grant extra days in your previous extension.

Moreover, if you satisfied the requirements on the date of the decision, then you should have succeeded.

[Jojo19]

How did you calculate your 5years in uk?
When did you enter and what date did you apply for ILR?
[/quote]


I entered in 2010 on a diff visa but started d LLR on the 19th of Feb 2014
Online app: 31st dec
Bio: 14th jan

I calculated 28days before visa expiry to do my biometrics
Refusal letter: 18th feb

[Jojo19]

Unfortunately, they seem to have a habit of refusing early applications.

However, do complain if they failed to grant extra days in your previous extension.

Moreover, if you satisfied the requirements on the date of the decision, then you should have succeeded.

Hi Vinny,

Who do I complain to? Is it the same complains email address?

I queried why i was refused because at the time the decision was made I had fulfilled all requirements. Their reply was at the time of the application I havent fulfilled 60 months

E-ILRP 1.3.

I also queried the information given to me by HO, why my I wasnt given extra days to complete the 60 months and also why is it that some case workers granted others despite applying early.

These where totally ignored like I never stated this facts. The caseworker answered only one question and that was it

[vinny]

If you satisfy the requirements now, then reapply for ILR within the time limits given by the caseworker or within 14 days of the refusal under 39E. Give good reasons for applying out-of-time.

After it's granted, then perhaps further complain to the Home Secretary (possibly via MP) for an unlawful refusal? Ask for an ex-gratia payment of the fees due to the incorrect telephone advice and refusal?

[Jojo19]

If you satisfy the requirements now, then reapply for ILR within the time limits given by the caseworker or within 14 days of the refusal under 39E. Give good reasons for applying out-of-time.

After it's granted, then perhaps further complain to the Home Secretary (possibly via MP) for an unlawful refusal? Ask for an ex-gratia payment of the fees due to the incorrect telephone advice and refusal?

Thanks vinny for your help I really appreciate this.

I satisfy the requirements now. But I dont know if I can reply since my visa already expired on the 4th of Feb. Refusal was on the 18th of feb but received the letter on the 22nd.

Also because I have travel booked for the end of March. I dont think they will make a decision before then Considering I paid for priority and it took a month.

Just wondering If i can accept what they are giving me and pursue all this after

[aman90]

How did you calculate your 5years in uk?
When did you enter and what date did you apply for ILR?

I entered in 2010 on a diff visa but started d LLR on the 19th of Feb 2014
Online app: 31st dec
Bio: 14th jan

I calculated 28days before visa expiry to do my biometrics
Refusal letter: 18th feb
[/quote]


You were eligible for ILR from 22/01.
Interestingly, there’s an entire thread of people who did something like that and got their visas. But you didn’t do the biometrics when eligible.
Anyways you’ve got loads to argue after as vinny advised. Transitionary period confusion from postal to online apart from the fact that you had already qualified on decision date.Super priority refund as well. Good luck.

[aman90]

I think you have 14 days from refusal to reapply.. which is today..go for super priority and pursue the refund later..

[Jojo19]

How did you calculate your 5years in uk?
When did you enter and what date did you apply for ILR?

I entered in 2010 on a diff visa but started d LLR on the 19th of Feb 2014
Online app: 31st dec
Bio: 14th jan

I calculated 28days before visa expiry to do my biometrics
Refusal letter: 18th feb

You were eligible for ILR from 22/01.
Interestingly, there’s an entire thread of people who did something like that and got their visas. But you didn’t do the biometrics when eligible.
Anyways you’ve got loads to argue after as vinny advised. Transitionary period confusion from postal to online apart from the fact that you had already qualified on decision date.Super priority refund as well. Good luck.
[/quote]

Thanks I realised that later but at the time I thought it was 28days before visa expiry thats why my biometrics was done ealier. It would have helped if I got the full 60months in the first place.

Also the fact people did the same as me but got their visas shows the rules can be bent only when they feel like it

[Jojo19]

I think you have 14 days from refusal to reapply.. which is today..go for super priority and pursue the refund later..

Is 14days from d day letter was typed or when it was received?

And I can do this despite the fact my visa has expired?

Just scared of paying another 3018 again

[aman90]

Within 14 days of date on the letter.
It should be on the letter as well..

[Jojo19]

Within 14 days of date on the letter.
It should be on the letter as well..

Thanks alot. It wasnt stated on my letter

All it said was I was refused for ILR but I qualify to be granted limited leave to remain of 30mths provided I pay the IHS. If not no right to appeal, no fee will be refunded and I would be liable for refusal.

[Jojo19]

Action plan:
Because I can’t afford to re-apply

I will pay the surcharge, get the 30 months visa and apply for a judicial review.

Is this a good idea because I dont have the money

[vinny]

Applying for Further Leave to Remain instead of Indefinite Leave to Remain may put you on the ten year route.

[aman90]

I’m not sure how this new visa you’ll go on works..
Hopefully it doesn’t restart ur ILR clock. The letter should atleast tell you when you are eligible to apply for ILR.
Judicial reviews are expensive too..
Currently you are an overstayer till you either file a new application TODAY or you accept this new visa.
I’m hoping that you can re apply for ILR as soon as possible after accepting the visa they are willing to grant you..

[Jojo19]

Applying for Further Leave to Remain instead of Indefinite Leave to Remain may put you on the ten year route.

I get it now. My best bet is to reapply and appeal later

[Jojo19]

I’m not sure how this new visa you’ll go on works..
Hopefully it doesn’t restart ur ILR clock. The letter should atleast tell you when you are eligible to apply for ILR.
Judicial reviews are expensive too..
Currently you are an overstayer till you either file a new application TODAY or you accept this new visa.
I’m hoping that you can re apply for ILR as soon as possible after accepting the visa they are willing to grant you..

Thanks alot. I was thinking because 500pounds is easier to pay now but when I think of it, it resets me back to 10years

[Jojo19]

Thanks for all the support. I will update this post once everything is in order

[whateverever]

Thanks for all the support. I will update this post once everything is in order

Any update jojo ?

[Jojo19]

Thanks for all the support. I will update this post once everything is in order

Any update jojo ?

Hi,

Not yet

My MP got involved and we are waiting on an update

[Konzo1]

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... -v18.0.pdf

Calculating the specified continuous period page 19

your case is very wired. yes, you submitted too early but the " the date of decision" most beneficial to the applicant so u have a clear case.

do you have any update? maybe think of going public since they are not following their own guidelines

[Jojo19]

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... -v18.0.pdf

Calculating the specified continuous period page 19

your case is very wired. yes, you submitted too early but the " the date of decision" most beneficial to the applicant so u have a clear case.

do you have any update? maybe think of going public since they are not following their own guidelines

Hi Konzo,

They would argue that my application doesn't fall in this guidance as it was ILR 5 yrs partner route.

I even wrote to the Home secretary n got this

Thank you for your email correspondence to the Home Secretary about your immigration matter. Your enquiry has been passed to me to reply.

No reply yet but they replied my MP saying it is their rules to offer me the 10yrs route

[Konzo1]

Hi Jojo,

I always believe you have a case. I did some research on Family Life (as a Partner or Parent):. please read below, you don't have to go through this 10-years nonsense

Immigration Rules
Appendix FM
Family members
Section E-ILRP: Eligibility for indefinite leave to remain as a partner https://www.gov.uk/guidance/immigration ... ly-members . But its explained better below from the Family Life (as a Partner or Parent) Guidance.

A person who is eligible to apply for settlement (indefinite leave to remain) on a 5-
year route, in an application made from 9 July 2012, should apply for indefinite leave
to remain no more than 28 days before their extant leave expires or no more than 28
days before they have completed at least 60 months in the UK with such leave.
Where the application is made and decided within 28 days of completing at least 60
months, the requirement to have spent at least 60 months with relevant leave will be
met, provided the requirements of the Immigration Rules are also otherwise met.
A person granted entry clearance or leave to enter or remain as a fiancé or fiancée
or proposed civil partner can apply for further leave to remain as a partner once their
marriage or civil partnership has taken place in the UK

Guidance
Family Migration:
Appendix FM Section 1.0a
Family Life (as a Partner or Parent):
5-Year Routes and exceptional
circumstances for 10-year routes

Page 16/125

https://assets.publishing.service.gov.u ... 2.0ext.pdf

[Jojo19]

Hi Jojo,

I always believe you have a case. I did some research on Family Life (as a Partner or Parent):. please read below, you don't have to go through this 10-years nonsense

Immigration Rules
Appendix FM
Family members
Section E-ILRP: Eligibility for indefinite leave to remain as a partner https://www.gov.uk/guidance/immigration ... ly-members . But its explained better below from the Family Life (as a Partner or Parent) Guidance.

A person who is eligible to apply for settlement (indefinite leave to remain) on a 5-
year route, in an application made from 9 July 2012, should apply for indefinite leave
to remain no more than 28 days before their extant leave expires or no more than 28
days before they have completed at least 60 months in the UK with such leave.
Where the application is made and decided within 28 days of completing at least 60
months, the requirement to have spent at least 60 months with relevant leave will be
met, provided the requirements of the Immigration Rules are also otherwise met.
A person granted entry clearance or leave to enter or remain as a fiancé or fiancée
or proposed civil partner can apply for further leave to remain as a partner once their
marriage or civil partnership has taken place in the UK

Guidance
Family Migration:
Appendix FM Section 1.0a
Family Life (as a Partner or Parent):
5-Year Routes and exceptional
circumstances for 10-year routes

Page 16/125

https://assets.publishing.service.gov.u ... 2.0ext.pdf

Thanks Konzo

I will give it a go and send all paperwork today fingers crossed it all goes well. I have just felt defeated with the whole process