I just got a bit of a shock in the post a few days ago and I was
hoping someone might have some advice.
I recently applied for Indefinite Leave to Remain when my 2 years
were up on October 3rd. I just got all of my documents returned to
me and a letter stating that I had been denied ILR on the grounds
that I had not completed my 2 year stay in the UK. I was given a
temporary Visa and told I had to re-apply in Jan 2008.The letter
also stated that I was not allowed to appeal this decision.
The reason this happened is because when I arrived in the UK Oct 3,
2005 I flew from Los Angeles to Dublin and then changed planes and
flew onto Heathrow. At Dublin the Immigration Officer asked about my
travel plans and I told him I was moving to England on a Spouse
Visa. He stamped my passport and wrote "In Transit-UK' in it. When I
arrived in London we didn't go through Customs and Immigration,
because I guess the Dublin to London flight was considered to be a
domestic one. So no one checked my passport.
In Jan of 2006, after I had been here over 3 months, my husband and
I went to Amsterdam for the weekend. Upon our return to the UK, the
Immigration Officer asked if this was my first time to the UK on my
Spose Visa. I told her no, I had been here since October. She then
stamped my Visa and told me that I should have had my Visa stamped
for validation in Oct and warned me that it may cause problems for
me in the future.
Before I applied for ILR I rang the Public Enquiries Office in
Croydon and explained my situation. They said that since my passport
was stamped Oct 3 in Dublin and that I had supporting documents
proving I was here, that it wouldn't be a problem when I applied.
In my application packet I also included wage slips from November
and December 2005, proving that I was indeed present in the UK from
October 2005. Unfortunately because my husband and I lived in
University accomodation at the time, we don't have anything in the
way of bills or utilities in our names for that time. I was here for
about 6 months before I could even get a bank account. But, I
thought that our tenancy agreement and my wage slips would be proof
enough that I was here.
I rang the Immigration office who refused my ILR and they said to
write letter to the person who sent me the refusal letter. I did
write a letter explaining what had happened and sent that along with
all of my documents and passport back to the Immigration officer
I can't imagine having to take the Life in the UK test again and
then pay another 750.00 pounds to apply for ILR in Jan if they still
refuse my application. Especially since my husband is a student and
we have a baby, we are not in the financial position to throw out
1500.00 pounds in a span of a few months!!!
I am trying not to be bothered until I hear from the Immigration
Office again, but I am really worried and upset!! I did not expect
this at all!!! I had a friend tell me yesterday that since Dublin
isn't part of the UK, then they may still refuse my application.
I'm sorry this is such a long post, but I wanted to try to explain
my situation clearly. Any advice or similar experience would be very
Thanks so much,