Right to appeal against ILR

blackpurple · Post by **blackpurple** » Mon Feb 13, 2006 9:56 am

Hello People,

can somebody tell me what are our rights to appeal against Refusal of ILR application.

Suppose someone goes o croydon for same day ILR processing and for some reason officer on thye other side of the window is not convienced with the paperwork and refuses to approve the application. Then what??? what do they do???? do we have riht to appeal? can we withdraw our application at that point?? do they stamp or put some information on the system that we have applied and then withdrew the application?

and in case if we withdrew the application, then does it make more difficult to get the approval next time????

Thanks

Chess · Post by **Chess** » Mon Feb 13, 2006 10:38 am

You have a right of appeal if it is an 'in-time' application...

If further information is required - they will tell you to go and collect it and come back after a week or so...

John · Post by **John** » Mon Feb 13, 2006 10:45 am

Blackpurple, did you actually get as far as paying, or were you "bounced" at the pre-examination stage?

Did they tell you what further information was needed?

When does your current visa end? And what sort of visa do you have at the moment? That is, in what capacity are you currently in the UK?

blackpurple · Post by **blackpurple** » Mon Feb 13, 2006 11:31 am

thanks for all the replies.

I'm on a continous work permit since feb. 2002. And I'm planning to apply for ILR very soon. now the problem I've got is that the letter that i have got my employer is not very straight forward. letter from my employer states that i'm working for them and expected to work untill november 2006 (my current WP validity).
Also my employer letter states that my employment with them is as below:

start-date end-date
07/02/2002 31/05/2003
07/07/2003 07/11/2003
01/01/2004 till date.

Now the above mentioned gaps (stay outside UK) were a part of my unpaid holidays. It seems that employer has taken me out of their rolls during these holidays and put me back again when i came back. Now interesting think is that since I'm on a continous work permit, Logically my employment is also continous. If my employer have ended my employment then he has to get a new work permit for me next time, which he has never done.
Dont know why they've written like that in their letter. Anyway these breaks are less than 2 months individually and less then 12 months in totality.

Now i want to know all the possible outcomes so that i can prepare myself for it in advance before going to croydon.

Thanks

John · Post by **John** » Mon Feb 13, 2006 12:22 pm

Blackpurple, will your employer rewrite that letter? Absolutely not saying anything that is untrue but something like :-

Mr Blackpurple commenced working for this company on 7 February 2002 on a Work Permit. The employment continues at the present time.

From 1 June 2003 to 6 July 2003 and from 8 November 2003 to 31 December 2003 he was on unpaid leave. Apart from those periods and also normal periods of annual leave Mr Blackpurple has worked continuously for this company since 7 February 2002.

Would they agree to re-word their letter in that way? If so I think that would get around your little problem.

blackpurple · Post by **blackpurple** » Mon Feb 13, 2006 12:34 pm

thanks john for your prompt reply.

I dont think, i can ask my employer to write a nice letter saying the truth. I have asked them before as well to get it right for me but they are not at all interested. basically they are not interested to give me any sort of help to get my ILR for obvious reason.

what do i do in these circumstances?

regards

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Right to appeal against ILR

Right to appeal against ILR