ILR Reconsideration granted!

[modanger]

Dear all,

I was refused ILR due to 2 gaps in my 10 year lawful residence!
My solicitor sent the pre action protocol to the ukba that if you do not change your decision we will be taking the necessery steps for JR.

Today, I have received a letter from my solicitor that UKBA has been agreed to reconsider my application and the outcome of thier decision will be informed shortly.

My JR full claim has been filed in the High Court on last Friday.

Please anyone can tell what can be hoped from ukba?

Regards,
modanger

[ssoct98@hotmail.com]

From my opinion hopefully you will get ILR.

[geriatrix]

Stating that they will re-consider your case doesn't mean that leave will be granted. If you have filed for JR, expect UKBA to review your case more diligently than before.

Response as above, made without knowledge of the case, may do no more than give you hope / false hope. But whether UKBA will reverse their refusal or whether a JR will prove UKBA's decision to be unlawful depends on (and only on) the merits of the case.

[joh118]

I remember you from when I applied as well! Good to hear you are still fighting! don't lose hope & best of luck!

[modanger]

Dear all,

Thanks for your esteemed opinions!

joh118 is a very good example that ukba can exercise discretion more than 10 days. I am hopeful that ukba does not have solid grounds to fight only can give refusal threats. It surprised me that pre action was given 21 days and in chapter 27 ukba is clear on it that either caseworker ask for interim extension or refuse by using the specific letter to respond the claiment but in my case its a standard letter and clearly stated that we will reconsider our decision. I am intuch with my solicitor and he is saying that now treasury solicitor will push them to speed up the process because high court is not easy to deal it will cost them lots of money and waste of time.

Please any idea at this stage what you guys can judge?

regards
modanger

[modanger]

Dear All,

Is anyone known about someone granted ILR in reconsideration under 10 year lawful stay?

Thanks!

[khan2015]

Dear All,

Is anyone known about someone granted ILR in reconsideration under 10 year lawful stay?

Thanks!

Re:I am sorry to hear your case but just to let you that if they refused you due to gaps of 10 days it means you can apply but it doesn't means they would approved if they grant you ILR it wouyld a courtesy otherwise you can claim anything.more over 10 years long residency is a concession so if you meet all the requirements you will get if not then of course you didn;t meet with their requirements.
As far as solicitor is concerned so he takes money so he has to fight but he cant divert/change ukba's decision one thing they never reconsider the case never over right they always say we will reconsider but their decision will remain same in most of the cases.
Because they have lots of pressure of the applications that's why sometimes they bother to go against any JR that's they ask everyone to reconsider if there is any mistake but if not then they normally stick with their first decision.so hope for the best

[modanger]

Thanks mate,

Just to make you clear that i did not bag for reconsideration from ukba i have asked grant me ILR otherwise court will decide who is on right. I have written lots on my gaps in previous messages i think you did not read. UKBA has 28 days to submit their defend and mine is already in court. So, we see what will be decided!

[khan2015]

Thanks mate,

Just to make you clear that i did not bag for reconsideration from ukba i have asked grant me ILR otherwise court will decide who is on right. I have written lots on my gaps in previous messages i think you did not read. UKBA has 28 days to submit their defend and mine is already in court. So, we see what will be decided!

sorry mate I couldn't see any previous messages from you in which you had mentioned about your gaps.but the fact is that when we apply for anything either its ILR/British Passport we always beg that's what we do that's why we have to sign a declaration that If UKBA/Government wants they can withdraw a certificate of citizenship of course its not our birth right it is always a pre village because we are not british born.
as far as you case is concerned I only notice that you had filed a JR and i havn't find any details of your gaps in this particular post so i was telling you the procedure of HO how they deal with the Reconsideration.
anyways if you could provide us a detail on your gaps we better give a good advice.
thanks

[modanger]

First gap is application rejected in 2003 ukba lost my some docs and incomplete form. I corrected and returned in 20 days.

Argumet given in the pre action protocol that ukba granted and accepted the application as valid under the policy of 28 days. (there are 2 high court allowed judgements).

Second gap in 2005 application refused due to college is not in the dfes list right of appeal was given but submitted fresh application and LTR granted with diffirent college details.

Argument given that i applied visa extension in 12-11-2004 and dfes was not launched until jan 2005 making college existance on it or not irrelevant and also email confirmed that college was in the list. It was an eror made by ukba and i was unjustified on that time. (there are 2 high court allowed judgements).


So at the moment ukba responded back to the pre action that it has been agreed that to recon the application and outcome will be informed shortly?

[geriatrix]

Hi All,

Please anyone can tell about the operation of 3C! If application leave to remain logged before expiry date as mine logged on the 27 May 2003 (expiry date 30 May 2003) and rejected on 13 June 2003 that application form is incomplete and i resubmitted on the 04 July 2003. Is this triggered the statutory extension of 3C? Because i did not withdraw my application and there was no immigration decision (JH Zambabwe's case) and it was granted without any problem.

This is exactly what is written on the Home Office letter as below;

Your application has been accepted as valid we are sorry that cannot decide on initial consideration.

On the last paragraph is written that provided an application leave to remain he/she is entitled to remain on the same conditions as granted previously until application is decided.

I hope your reponse will be esteemed and quick.

Regards,
Mo

[vinny]

It may be helpful if you provided more details of the rejection(s).

[Aryan2013]

Hi All,

Please anyone can tell about the operation of 3C! If application leave to remain logged before expiry date as mine logged on the 27 May 2003 (expiry date 30 May 2003) and rejected on 13 June 2003 that application form is incomplete and i resubmitted on the 04 July 2003. Is this triggered the statutory extension of 3C? Because i did not withdraw my application and there was no immigration decision (JH Zambabwe's case) and it was granted without any problem.

This is exactly what is written on the Home Office letter as below;

Your application has been accepted as valid we are sorry that cannot decide on initial consideration.

On the last paragraph is written that provided an application leave to remain he/she is entitled to remain on the same conditions as granted previously until application is decided.

I hope your reponse will be esteemed and quick.

Regards,
Mo

I think you overstayed from 14th June 2003 till the start date of your visa, just by accepting your application and granting the visa does not make your stay legal.

Also, was your application rejected or was invalid?? If invalid, what was the reason?

[Jay_707]

Hi Modanger
What is the policy of 28 days you are refering to here?

'Argumet given in the pre action protocol that ukba granted and accepted the application as valid under the policy of 28 days'. (there are 2 high court allowed judgements).

thanks
Jay

[ilivgolf]

can u please name the high court cases,i m facing similer situation.

[zinao]

yes pls share the high court judgements

[rizwanpcsir]

Dear modanger my ilr case similar to you I applied on 10 years base and refused gap 6 month than sent reconsideration also dismisd. Now I am planning to go for JR. Could you tell me how much ur solicitor charging you for JR?. And did u find any high court allowed same kind cases?

[modanger]

Dear Vinny and other friends,

My student visa extension application was rejected on 13 June 2003 due to application form returned to me invalid. What actually happened 2 pages were missing from my application form either from college or Home Office. It was submitted by college for same day submission. My application form was placed in a bundle along with other students visa extension applications. I received on the 24 June 2003 and filled missing pages and resubmitted on 04 July 2003 and acknowledge as valid on 06 August 2003 then granted on 24 Oct 2003.

Now, in the JR grounds my QC has given the orgument that HO suppose to give me 28 days to correct the difficiences which i did in less than 28 days under the 01 August 2003 regulation. Further argumet that my application was invalid but leave was not because it was extended by the operation of VOLO (Variation od leave order) which is the predecessor of 3C becaude it was made before visa expiry date on 27 May 2003 and visa was valid until 30 May 2003. My QC made this clear that there is a gap as alleged but there are some extenuating circumstances and SS must use her discretion for this puticular gap because 2003 regulation was in force before Home Office acknowledged the application form valid.

Home office defence that i can not take any advantage from 01 August 2003 regulation because it was not in force at the time of my application rejected and also they made a decision on 13 June 2003 by rejecting my application form.

Interstingly, I have that letter in my record which stated that we are sorry that could not decide your application on initial consideration now we have accepted it as valid.

I need your esteemed opinions?

Best Regards,
modanger

[vinny]

Interstingly, I have that letter in my record which stated that we are sorry that could not decide your application on initial consideration now we have accepted it as valid.

If they had confirmed in writing that your application was valid, then how can they now argue that it was not?

[zinao]

Hi Modanger
What is the policy of 28 days you are refering to here?

'Argumet given in the pre action protocol that ukba granted and accepted the application as valid under the policy of 28 days'. (there are 2 high court allowed judgements).

thanks
Jay

i dont think the 28 days policy applies in 2011 anymore or i am wrong?

[modanger]

Dear Vinny,

Thank you very much.

This is the situation here that Home Office is not justifing their own decision. I am also surprised that why Home Office has twisted this problem

Home Office also admitted in that letter on the last paragraph is written that provided an application leave to remain he/she is entitled to remain on the same conditions as granted previously until application is decided.

I had a 2 gap as well but they have no longer takes any issue on it. Now my refusal solely based on the rejection issue.

One thing i need to ask you that what is rejection? As there is no any immigration decision.

Your quick reply will be great!

Regards,
modanger

[modanger]

Dear zinao,

Yes, you are right it has been withdrawen. What is your issue?

modanger

[vinny]

Further argumet that my application was invalid but leave was not because it was extended by the operation of VOLO (Variation od leave order) which is the predecessor of 3C becaude it was made before visa expiry date on 27 May 2003 and visa was valid until 30 May 2003.

Wasn't Section 3C in force on 1st April 2003?

As they eventually confirmed in writing that your application was valid, then it must have been extended under Section 3C?

[deeaa1999]

I am also interested to know your cost you incurred so far. How much the solicitor is charging?

[modanger]

Thanks Vinny.

I agree with you. Just to make you a bit more clear that my appliation on 13 June 2003 was returned to me invalid stated that application form is incomplete. I resubmitted on 04 July 2003 then later acknowledged on 06 August 2003 accepted as valid by the HO.

Now the Home Office has extracted the gap between 30 May 2003 to 24 October 2003. I applied before visa expiry date.

I hope this will make you more understand to give me your esteemed opinion.

Regards,
modanger