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ILR refusal please help need advice

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mahaveer_shah
Newly Registered
Posts: 4
Joined: Wed Dec 16, 2009 10:42 pm

ILR refusal please help need advice

Post by mahaveer_shah » Tue Mar 09, 2010 10:01 pm

I applied for ILR with my wife & 2 kids who are over 18 under HSMP Judicial Review, I got refusal for ILR as I had a police case against me which stated assault on a member of public who was drunk & chucked out of a night club had to manage him while I was working in a security firm, My leg was touch to this head while I was handling him & police came at the same time & said I should not have done that. I had to go to court & plea guilty & then I got 1 year conditional discharge ( That means if I do any thing within that time period I will be jailed + charged for anything I do) + on top I have got 8 points on my driving licence that is another conviction I have on my record.

I declared everything when I made an application to home office but they called saying its going to be refused as I have assaulted a member of public and have given me an option for refusal or withdrawal. I am confused as I have finished almost 5 years in the UK and extension is due in 5th May 2010.


Should we extend our HSMP JR visa in this case & is it possible to do so? Or should we take refusal & go for a JR as I would not get right to appeal against the decision. If I withdraw the decision and make an application for HSMP extension under judicial review will I get it as in this case they should not strongly look for my conviction as they looked in ILR application? I am really concern about my kid’s future why do they suffer because of me.

My immigration advisor has sent a request to HO that we want to withdrawal the file so we should be getting our passport & documents back soon, what should we do next please advice I am really stressed out. Suggestion and advice is more then welcome. I need your help Experts , I have tried & explain every thing I could, I would be more then happy to hear from you. I need your help. :cry: :cry: :cry:
Last edited by mahaveer_shah on Mon Mar 15, 2010 11:41 pm, edited 2 times in total.
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GETMEIN
Newbie
Posts: 40
Joined: Tue Mar 09, 2010 9:57 pm

Post by GETMEIN » Tue Mar 09, 2010 10:06 pm

Get a good solicitor and reapply. I hope you get ILR if you have admitted for all cases against you. :D
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iyanu
Member of Standing
Posts: 394
Joined: Wed Feb 23, 2005 2:59 pm
Location: London, UK
Nigeria

Post by iyanu » Wed Mar 10, 2010 9:22 am

Yes, I will also suggest you get a solicitor or solicitor's advice if you need to withdraw first and get an extension.

It is unfortunate that all these had happened to you really but I still think since you have been sincere enough to declare it, the case worker should have used is discretion to give you approval but you know what some people are, some caseworker never really give a hook about all these stuffs but some will not let it pass.

So go for a solicitor as this is your best bet now?
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