Author Topic: Re: ILR Application Refusal  (Read 4076 times)

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Offline prapcat

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Re: ILR Application Refusal
« on: February 24, 2011, 07:50:30 PM »
    I'm glad to hear that people are receiving their ILR's within such short time scales. Mine has been refused as follows...Any advice would be great.

    Sent to the HO on the 29Th of December - ILR Refusal received on the 25th of Jan.

    I applied for ILR under the 14 year rule. Unfortunately, my case was refused. Reason was that I had not supplied enough evidence to cover the 14 years (Technically incorrect as they have sent me subject access request - showing their knowledge of my existence since 1994....These old details don't appear to show on their computer as they are old notes and are mostly hand written). Thus my conclusion that the case worker did not look into archived records. The SAR revealed that the HO did not know when I entered the country. But this is down to the fact that they haven't transfer ed all the 90's data into the computer and thus the case worker has no visibility of my old details.

    Quick background...I have been in the UK for 18 years with no breaks in between. I got married and was legal for 5 years (till early 2010). I was an EEA family member at this time. My marriage broke down and my husband has since returned to his home country and we are in the middle of a divorce. I then failed to apply for ILR after the 5 years as I didn't want to apply under my husband who had left the country. After some advise, I finally applied for ILR under my own path which was the 14year rule. I was advised that I had a strong case and did not need to worry thus taking the 14 year rule path.

    I have evidence from HMRC covering NI payments for the 18 years. This was sent in to the HO after my application was lodged, and I suspect the solicitor did not send the paperwork on time (The solicitor is another pain altogether...never contactable and failed to let me know a refusal had been received etc)

    The solicitor has advised me that he is going to send a review letter to the HO to ask them to review their decision in light of the NI and SAR evidence. He is very hard to contact at the moment and I'm stressing. Its been 30 says since the refusal was decided and the solicitor keeps promising to write but never does.

    My questions are many, please help with what you can.
    • Is it correct that we can ask the HO to review their decision - especially where they have declared that there is no right of appeal?
    • Is there a time frame for requesting a review and how do the HO respond to these usually - Especially where the evidence is sufficient to refute their decision?
    • Is it better to go for a judicial review? What are the pros and cons of the judicial review. Will it cost me a fortune
    • How slow is the appeal process?
    • The home office stated in the refusal that I did not have leave to remain at the time of my application. Does this apply on the 14 year rule?
    • Why is it that the HO have given me no right to appeal unless I am in their custody as per the statement below? My new lawyer is concerned that this may be a new tactic to remove overstayers?
    • How quickly are they sending the immigration officers out to detain people who have been refused a visa? My lawyer suggests that we sit tight and wait for them to come for me as he writes to HO. I feel like a sitting duck. I have a job and I am sick to my stomach that my life is about to turn and I become jobless, homeless etc All because someone at the HO did not do their job thoroughly.....I'm in limbo

    The refusal letter stated as follows
"Your case has been forwarded to the regional caseownership unit/local enforcement office. I was advised to get in touch and discuss my departure from the UK. Should I fail to leave, enforcement action will be taken against me. Further information can be given to your case at that stage which could result in you being served with an enforcement decision which might generate a right of appeal."

« Last Edit: February 25, 2011, 02:52:20 PM by balmerhon »


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Re: ILR Application Processing Times
« Reply #1 on: February 24, 2011, 07:59:17 PM »
Welcome to UKY prapcat.

You're probably best posing the questions that you have to your Solicitor. As we don't have experience here with the 14 year residence rule, nor can we advise you how to construct an appeal or judicial review. You're going to be better served by listening to your immigration professional and following their guidance.

If you're unhappy with your solicitor it is possible that we can help you find one that could be of better assistance, but that's pretty much all we can offer.

Good Luck to you.

Offline historyenne

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Re: ILR Application Processing Times
« Reply #2 on: February 24, 2011, 08:02:55 PM »
Prapcat, I'm really sorry to hear of your ILR refusal.  Unfortunately, we don't have the necessary expertise to advise you.  Most of the posters on UKY get ILR as spouses of British citizens, the rest as economic immigrants.  To my knowledge, we've never had anyone apply under the long residence rule, nor have we ever seen an ILR refusal (OK, one refusal, but that was clearly a case of the caseworker overlooking evidence and was easy to sort).  If you're not happy with the solicitor you have, maybe try another one?  I wish we could help, but it would be irresponsible to give advice about a delicate situation when we have no firsthand experience.  Good luck to you.    

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Offline prapcat

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Re: ILR Application Processing Times
« Reply #3 on: February 24, 2011, 08:37:13 PM »
Thanks for the responses. I am seeing a solicitor tomorrow, so I will keep you posted on my case including all its complications. At this time, I feel like Im in for a long struggle.

Offline darkie007

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Re: ILR Application Refusal
« Reply #4 on: June 26, 2012, 12:36:07 PM »
The 14 year old rule is going to be abolished starting 9 July 2012. A new category has been created on the basis of the applicant's private life in the UK . Also 14 years it's no 20 years. More details here:
newbielink: [nonactive]