ILR 10 long residence Refusal Case

[urprince]

Hi

I had applied for ILR in 10 yrs long residence category in Sep 2011 but my application was refused based on out of time application on one occation earlier in 2007.

Actually, when i applied for LTR in oct 2007 on student category it was on time but due to the fee payment error the payment was declined and Home office sent me a letter and new FLR (S) application form and i made a postal order and and send the new form which had led a gap of 12 days and HO granted LTR that time.

Now because of this reason they had refused my ILR , i had SAR file and in that the case worker mentioned my application was in time and valid but it is just a card error for fee payment . The actual gap is 7 days (from the time the reject decision made and new form with payment received by HO).

The HO had not given the appeal chance as i still had valid leave untill next year. In past 10 yrs its only one ocation i had an issue because of app returned due to app fee payment error rest everything is on time and with no issues.

Please advice me any ideas or what are my chances, and what next step i shoud take ...

Thank you

[2012]

Hi

I had applied for ILR in 10 yrs long residence category in Sep 2011 but my application was refused based on out of time application on one occation earlier in 2007.

Actually, when i applied for LTR in oct 2007 on student category it was on time but due to the fee payment error the payment was declined and Home office sent me a letter and new FLR (S) application form and i made a postal order and and send the new form which had led a gap of 12 days and HO granted LTR that time.

Now because of this reason they had refused my ILR , i had SAR file and in that the case worker mentioned my application was in time and valid but it is just a card error for fee payment . The actual gap is 7 days (from the time the reject decision made and new form with payment received by HO).

The HO had not given the appeal chance as i still had valid leave untill next year. In past 10 yrs its only one ocation i had an issue because of app returned due to app fee payment error rest everything is on time and with no issues.

Please advice me any ideas or what are my chances, and what next step i shoud take ...

Thank you

1. Wat were the actual date for the initial application, wen HO refused the application and wen did u reapply again?
2. Wen u applied for that particular application, wat was the expiry date of u visa?
3. HO wud use discretion if one application is made late by 10 days only.
4. The gap u suggested is not right as it counts from u visa expiry date till u apply for the visa within 10 days.

[urprince]

Hi 2012,

Thanks for reply, the following are the details about ur query

Applied on 26 oct for LTR - visa valid untill 31 oct.

Application Returned on 5 Nov --

New application submit on 12 Nov (12 days out of time as per HO)

But the Reject decision by HO taken on 5 Nov - 5 days after visa expired.

Then new application received by HO on 12 Nov ( so if they count from 5 nov to 12 nov its 7 days) and on 22 Nov the LTR granted .

This is only once in my 10 yrs period no other issues.

[2012]

Hi 2012,

Thanks for reply, the following are the details about ur query

Applied on 26 oct for LTR - visa valid untill 31 oct.

Application Returned on 5 Nov --

New application submit on 12 Nov (12 days out of time as per HO)

But the Reject decision by HO taken on 5 Nov - 5 days after visa expired.

Then new application received by HO on 12 Nov ( so if they count from 5 nov to 12 nov its 7 days) and on 22 Nov the LTR granted .

This is only once in my 10 yrs period no other issues.

1. There is a gap in u continuous residence by 12 days (Visa expired 31 oct and applying date is 12th Nov).
2. If there was a gap of 10 days then HO wud have used discretion in u case as per the guidance.
3. Do not get mixed up with the dates as i have already said that gap is counted from the actual visa expiry date and then re-applying period.
4. Although u made a valid in time application but cuz of the payment issue u application was invalid and hence returned to you.
5. Wen u received the application u visa was expired and hence u made an out of time application and that is considered as a gap.

[Obie]

You say fee payment error, was this on your part or an error on the part of the bank.
They said the application was received on 12 When did you actally send the application, as you can fight if you have the receipt, as that will be the day the application will be considered to have been sent.

Is there any mitigating factor or reason why you could not send application sooner, all of this could help.

You could JR the decision, but first apply for reconsideration. If you can provide a robust argument on why discretion should be exercised in your case.

[urprince]

Hi i had applied for ILR based on 10 yrs long residence in sep 2011 and was refused(b'coz of one gap in my previous app.) by HO in the end of nov 2011.

I had raised a JR and after a prolong time, my solicitor told me this week that the HO had send a consent letter (means : they dont wont to go further and they changed the decision) but according to my solicitor it might take upto 3 months to get the passport stamped with ILR.

My query is - What is a consent letter or form and if anyone had a Judicial review exp. in their case and what is the process after the consent received from HO and is it true that it might take upto 3 monts to get your ILR stamped.

Kindly reply me what will happen next if anybody have an idea about this - Thanks

[quantum1]

Hi i had applied for ILR based on 10 yrs long residence in sep 2011 and was refused(b'coz of one gap in my previous app.) by HO in the end of nov 2011.

I had raised a JR and after a prolong time, my solicitor told me this week that the HO had send a consent letter (means : they dont wont to go further and they changed the decision) but according to my solicitor it might take upto 3 months to get the passport stamped with ILR.

My query is - What is a consent letter or form and if anyone had a Judicial review exp. in their case and what is the process after the consent received from HO and is it true that it might take upto 3 monts to get your ILR stamped.

Kindly reply me what will happen next if anybody have an idea about this - Thanks

Congradulations. It had been an unreasonable decision the home office made.

[s_raj11]

Hi i had applied for ILR based on 10 yrs long residence in sep 2011 and was refused(b'coz of one gap in my previous app.) by HO in the end of nov 2011.

I had raised a JR and after a prolong time, my solicitor told me this week that the HO had send a consent letter (means : they dont wont to go further and they changed the decision) but according to my solicitor it might take upto 3 months to get the passport stamped with ILR.

My query is - What is a consent letter or form and if anyone had a Judicial review exp. in their case and what is the process after the consent received from HO and is it true that it might take upto 3 monts to get your ILR stamped.

Kindly reply me what will happen next if anybody have an idea about this - Thanks

Not sure what the above meant but could understand HO changed the decision. Congratulations.

But if your application was returned due to payment error it shouldnt be considered as an invalid application and counted that as a gap. If you have sent the application back with in 28 days that should be fine.

Please somebody correct me if am wrong as i have the same problem and my application is pending with HO. I feel really tensed after looking at this message.

Regards

[asim72]

There was a tribunal case I think about the payment problems. I hope one of the mods can post a link.

[s_raj11]

Hello urprince,

Just wanted to check if you have received your ILR stamped. As i have a similar issue application returned due to payment and was returned again second time stating invalid/lapsed application. But from this forum and mods it was clear i was covered under section 3(c) as i have sent the application back with in 28 days.

Just wanted to check what the outcome is and please suggest the whole thing how you handle once you received refusal letter.

Your information will help many others including me in this forum.

Hope to hear from you soon.

Regards

Hi i had applied for ILR based on 10 yrs long residence in sep 2011 and was refused(b'coz of one gap in my previous app.) by HO in the end of nov 2011.

I had raised a JR and after a prolong time, my solicitor told me this week that the HO had send a consent letter (means : they dont wont to go further and they changed the decision) but according to my solicitor it might take upto 3 months to get the passport stamped with ILR.

My query is - What is a consent letter or form and if anyone had a Judicial review exp. in their case and what is the process after the consent received from HO and is it true that it might take upto 3 monts to get your ILR stamped.

Kindly reply me what will happen next if anybody have an idea about this - Thanks