Immigration & Nationality(Cost Recovery Fees)Regulation 2007

[Pkm1]

Hi Friends,

Can anyone explain to me how and when these following regulations works:

1. These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees)
Regulations 2007 and shall come into force on 2nd April 2007.

and

Consequences of failing to pay the fee specified for an application
16.—(1) Subject to paragraph (2), where an application to which regulation 3, 4, 11, 12, 13, 14,
15 or 16 refers is to be accompanied by a specified fee, the application will not be considered to
have been validly made unless it has been accompanied by that fee.
(2) An application referred to in regulation 3 or 4 which is made prior to 21st May 2007 will be
treated as having been validly made regardless of whether the fee specified in respect of that
application has been paid.
(3) The Secretary of State may treat an application referred to in paragraph (2) as withdrawn if,
having written to inform the person who made the application that the specified fee has not been
provided, that fee is not provided within 28 days of the letter having been posted.

Actually, there is a misunderstanding between me and some friends. I had a payment issues in the past that is 2005 and 2006 due to bounced Cheques and that affected my ILR in June 2010. I came to UK in May 2000. I recently came across these Regulation 16 which I think it's good to back up my case and my friends are arguing on Regulation 1 that the Regulations came in force on 2nd April 2007 and that it's applies to those in the transitional periods from the time in force to only 21st May 2007, so have nothing to do with immigration or payment issues that happened in 2005 and 2006 but I am not convince.
Please can anyone help?

Thanks for reading and your help.

[vinny]

The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003, 2005, 2006, etc. may help you.

[Pkm1]

Hello Vinny,

Thanks very much for the other Regulations they are very helpful.
Honestly, I was expecting your advice on my post and you did just that.
God bless you and I thank God for your help.

[Pkm1]

Dear All,

Following the reply from Vinny with reference to Regulations 2003,2005 and 2006 I believe I have a case to pursue to obtain my ILR which I was denied in June 2010 due to poor Representations and also I had no clue of any immigration laws and Regulations at that time only relied of my rep.

The real issue is we were given Leave to Remain in 12 March 2015 base on Article 8 through my 14 years old daughter ( 7 years Rule Concession) who came to join me with her mother in September 2003 after a long legal battle Represented by a reputable firm.
We won the case (Leave to Remain) at the First Tier Tribunal on 29 June 2014 but Home Office decided to appeal so the case was in Upper Tribunal this year after two sittings which did not yield any results and was adjourned on 27 Feb 2015 for further notice after I raised the issue that I had an outstanding application with the Home Office that was not dealt with.
Whiles we are waiting the Home Office performed a U-turn and issued us with the Leave to Remain to be renewed 4 times on 2 and half years bases after which we can apply for ILR.

Please Note:
About the outstanding application which I think HO did not deal with it. if I am wrong please advice:

1. My last leave to Remain as a Student was expiring in 30 June 2010. so I applied for ILR alone on 10 June 2010 using SET(O) paid the required fees of £840 and acknowledge letter received from HO.
2. On 29 June 2010 I applied for Leave to Remain for my self and 3 dependants (wife and 2 daughters now 14 and 5 years respectively). Also, paid required separate fees of £751 and acknowledge letter received from HO.
3. on 26 July HO refused my ILR based on gap in residency in 2005, 2006 and 2009 due to payment issues.
4. Only 2009 that had 2 problems: one is payment and two is 4 days overstayed according to HO.
5. In 2009 my Student visa expired on 23 January 2009 so I submitted my application with College enrolment letter dated 22/01/2009 and the Cheque for payment also dated 22/01/2009 and posted the application to HO on that same day 22/01/2009 but HO claimed to receive my application on 27/01/2009. unfortunately, I could not and cannot find the proof of postage, but as for the payment HO claimed I paid with Credit/debit Card which was not true. I paid with cheque and I made photocopy of that application and the Cheque and I still have them.
6. On 16 August 2010 a lady called from HO to enquire about the second application (29 June 2010) and I said to her is for Leave to Remain/Discretionary Leave to Remain. She then ask me if I would appeal against the ILR refusal? I said to her I have given the refusal letter to my Solicitor. So she ask me to find out and that she would call again next day. I contacted my solicitor who said the appeal is done because the deadline was 10/08/2010. But the HO lady did not call again.

At the moment, although HO had issued us with Leave to Remain but case is still in Upper Tribunal and the Tribunal want to know if there is any case that I want to pursue because the Tribunal is aware of HO U-turn.

1. My question is can I raise my ILR issue again?
2. Do I still have outstanding application?
3. Do I have a case of success in my ILR claim?
4. How do I go about this if I choose to pursue it?

Please your advice needed and thanks for reading this lengthy story.

God Bless you all.

[Pkm1]

Hello Everyone,

I am writing to update everyone following my case and to listen to advice of next plan of action or if there are other options available to me as per my situation.

We had a hearing at Upper Tribunal on 30/06/2015 as I have explained in my previous Thread above.
I represented myself by preparing the bundles with all the necessary supporting evidence to claim my ILR as per the Links directed in Vinny's reply to my post above.

1. The Home office Presenting Officer submitted that there was no application or immigration decision made in relation to ILR in these set of appeals that could lead to a re-opening of this issue (2010 refused application)

2. The Upper Tribunal Judge also concluded that because the Home Office have given us Leave to Remain (appendix FM and 276ADE) in between the hearing HO had taken away his powers and there was no case before him to judge. However, I can still make a fresh ILR application to the HO.
3. The HOPO also said the same thing that I can make a fresh ILR application.

However, when I asked both of them how soon can I make such an application, they both did not give me straight forward answer but they said I should consult a professional Solicitor.

So, friends I am here to seek advise from you all because I got all the best info from this forum.

1. Please what are my options now?

2. Can I do a fresh ILR application now or

3. I have to wait till end of my 2 and half years (September 2017) Leave to Remain then I can apply for ILR?

Please People help I am short of ideas !!!!!!!!!!!!

Thanks.

[Pkm1]

Hello People!!!!!,

What's going on? No one willing to help? Please where are Moderators and the Big guys Please why being silent?
Please, Please help.



Thanks

[Pkm1]

Hello People!!!!!,

What's going on? No one willing to help? Please where are Moderators and the Big guys Please why being silent?
Please, Please help.



Thanks