ILR Application Refused, Please Help!

Hello everyone,

I got my ILR app back this morning, about 5 weeks after sending it, and when I opened it it said I had been refused!

Here are my details:

Entered the UK 1st August 2006 on spousal visa from NY consulate
Received FLR(M) on 1st Sept 2008 to give me more time to take the LIUK test, among other things
Sent SET(M) app in March 2009 once all ducks were in a row
-payment successfully taken, and no contact had been made other than letter of receipt.

The letter states 'In view of the fact that you did not enter the UK until 16 June 2008 the Secretary of State is not satisfied that you have completed a period of 2 years as the spouse of a person settled here.'

I have been in the UK since 1st August 2006, having left a couple of times to go to Florida for Christmas and to a few places in Europe, about 21 days in all.

I did figure out where they are getting the date 16 June 2008 from.  On my original spousal visa which was valid from 25/7/06 to 25/7/08, there is a stamp for 1st Aug 06 when I entered, and there is also a stamp for 16 June 2008 from when we came back from Spain on holiday.  I have no idea why the IO stamped the visa instead of a blank page, and it's never given me any trouble before (I mean I got FLR(M) without any difficulties).

Can anyone give any advice about what to do.  Did I just get stuck with an office numpty?

Thank you,

Stuart

Wow...I dunno. The only question I have is your FLR(M) in the same passport as your spousal visa? or are they in separate passports and you only sent in the one that had the FLR(M)?

But when I entered on my spousal for the first time the IO stamped the actual visa vignette and each subsequent entry I made to the UK was stamped on the page adjacent to it.

So it sounds to me like either the IO when you first entered in 2006 messed up by not stamping the vignette upon entry (maybe?) or the person processing your ILR just looked at the vignette and saw the 16 June 08 stamp and thought that was your initial entry because of where it was placed?

Hi,

Yes, both visas are in the same passport, a few pages apart.  The first stamp on my original spousal from 2006 was made in the middle of the two pages, so half on the left blank page, and half on the right which has the visa.  You can't really see it as well as the newer 08 stamp, but it's definitely there.  I can definitely see what they saw when I look at it now, but it just looks like they saw that and put it in the refusal bin without any further digging.  The fact that I've been here since 1st Aug 06, working full time, in the same accomodation, and all of those supporting documents were there with it (colour-coded in plastic folders)..

Hopefully one of the professionals will come along and suggest a course of action. I can see where they did make an error but I am unsure of how you'd go about having them correct it. Did your refusal letter mention anything about 'if you believe we have made an error'?

No, it doesn't say anything about them making an error, it only says 'you are not entitled to appeal this decision.'  Can you imagine if I had to submit another application, and pay the higher fee of £820 + the arleady paid £750?  Yeah I can really see us getting on the property ladder with these visa expenses

Oh well, I have to get to work..

I can't imagine your frustration. It seems to me they did make an error. Hopefully Vicky will come along and offer her opinion and maybe a possible resolution. But, the one thing that can happen is that by the time you get this sorted you'll qualify for citizenship (1 Aug 2009) and then won't ever have to deal with UKBA again!

I was denied at first with my ILR because I entered the UK via Dublin, so my visa was not stamped until several months later when I went to Amsterdam and re-entered the UK.
 
I was told I could not appeal and would just have to re-apply and pay again on the date the letter specified. I took a chance and wrote a letter to the IO who denied my ILR and explained what happened and highlighted all of the evidence that I had in fact been in the UK for 2 years, including paystubs and my tenancy agreement. I then sent that along with my original application and all of my supporting documents and asked the IO if he would please review my case again.

Miraculously, I received my things back a few weeks later with my extended FLR that they gave me in place of ILR with a stamp on it that said "endorsed in error". On the next page was my shiny and new ILR in my passport!!!

I know it's not the advice that you are asking for, but I wanted to share with you a story with a good outcome about being refused ILR and then being granted it without having to reapply and pay again. I hope it works out for you because it is such a stressful and frustrating waiting game, even worse if you think you have to start the entire process over again. Good Luck!

But, the one thing that can happen is that by the time you get this sorted you'll qualify for citizenship (1 Aug 2009) and then won't ever have to deal with UKBA again!

Thanks WebyJ, I know!  I've already started getting ready for it..

I know it's not the advice that you are asking for, but I wanted to share with you a story with a good outcome about being refused ILR and then being granted it without having to reapply and pay again. I hope it works out for you because it is such a stressful and frustrating waiting game, even worse if you think you have to start the entire process over again. Good Luck!

Thanks lotuseener, I definitely will give it a go!  I'm not one to bury my head in the sand; I'm still waiting for British Gas to send me a check for 4 days in December when we didn't have any heat, in fact it's time for a new letter to them.  I've actually read your posts and thought 'wow, that's shocking, I'm so glad I entered through Heathrow and got mine stamped' and now here we are......

By all appearances, a garden variety *bleep*-up, nothing to get depressed about.  Let Vicky write them a letter and get it sorted out. 

Agreed.  Please let me know if you want some help.

Vicky

Hi Vicky,

Yes I'd like some help please.  Let me know what I need to do.  You can email if you want to take it offline.

Thank you,

Stuart

And to top it all off, I went at lunchtime to pick up our wedding rings which had been replated, and the jewelry store had been robbed!  This is not my day!  I couldn't get close enough to find out about our rings, the cops just told me there was a robbery and to move along.

Too bad Vicky isn't a cop or a jewler though. 

Woohoo!  Got my ILR in the post today!  Took 5-6 weeks in all, including receiving the refusal letter and sending it back again.

I'm really chuffed!!

Thanks to everyone who helped out!

Aww...Stuart! Whoo HOO! Congratulations...so now your next task is to save up for citizenship!