14 Year Continuous Residence ILR Application

lola56uk · Post by **lola56uk** » Thu Apr 25, 2013 1:26 pm

missmykid wrote:Sorry to hear about yo refusal lola.am worried about convictions becoz i didnt declare train evasion and failure to attend court for tv licence.couldnt just hand myself in could i now and some debts owing not declared.my question is lola did you declare the convictions or not.and on the appeal what are the costs involved and can you appeal without a lawyer at the hearing

I declared all my convictions, as I applied for an SAR beforehand. I would not worry about your convictions at the moment as you might have other stronger reason for to grant you on.
How long ago was your conviction !!!!!

lola56uk · Post by **lola56uk** » Thu Apr 25, 2013 1:33 pm

diggingdeep wrote:Hello lola56uk,
Thanks for updating us with the outcome of your case, sorry to hear about the refusal. Your approach is correct. Don't panic. You have got better chance to make right decision if your mind is clear.

Your legal representative have seen all the documents and reasons for refusal and therefore he/she is in better position to advice you what course of action you should take. But i have read worse case than yours granted. What is the opinion of your legal representatives?

So they have they have denied you on good character ground. You can argue these convictions were spent at the time of your applications as many minor conviction are spent in less than 10 years, and your were already rehabilitated and you had no other conviction since 2003. The other point that your relationship is not genuine, you should be able to prove that.

Appeal the decision. At appeal stage they are better at dealing with the facts of case.

They are taking a serious look at the response at the moment; they will get back to me with a response as soon as possible. But I have read the response myself and its filled with nonsense here and there.

My relationship is legitimate; I have all the necessary prove to show them ; like bills in me and my girlfriends name etc. , letters that we attended hospital together when she was pregnant and letter she had a miscarriage.

So I have heard , that at the appeal case they are better at dealing with a case than usual. To be honest they have not provided any legitimate reasons for declining my application other than trying to make life harder for me and them !!!!

I am hopeful that the Appeal will shed some light on this !!!!

Thanks for your cocern

missmykid · Post by **missmykid** » Thu Apr 25, 2013 1:40 pm

was caught on train with no ticket 2003 and 04.didnt pay fine and got letter to say if i dont pay fine will get a criminal record.shld have paid then silly me.never got court summons.failed to go to court for tv licence but never heard anything about outcome.my name was not on voters roll then.i was too late to do crb so no idea whats on it.apart from that never been stopped by police or got involved with them.break up of relationship a month after submitting.lawyer informed HO,even tho i was not happy with it.lawyer said might get in trouble for fraud if i dont inform them and they find out.So no article 8 for me.just the 14yrs

Hopeful2 · Post by **Hopeful2** » Thu Apr 25, 2013 1:48 pm

Hello lola56uk, I am little confused.

According to what you have just told us, one of their reasons for refusal was:

"Private life or Article 8 cannot be exercised as I have not lived in the country for 20 years"

Please see below excerpts from your posts in January and February.

30 January 3012
I applied for FLR based on ILR outside the immigration rules as I had submitted a 14 year application twice but was refused ; firstly I had filled out wrong form, secondly because when my uncle renewed is passport in 1990 for ILR he claimed I had left whereas I was living with his wife (my aunt). I was then aided by MP And Solicitor to submit and FLR (0) application in December 2007.

6 February 2012
So I attended this morning ; the interviewer was a nice chap and asked me loads of questions about when I came to the country ; anyway to cut the long story short I was told my application would be considered and the UkBA will revoked the Form IS151A that was issued to me in 2006 and that my application would be considered on the 14 year rule from 1997 to date. So that's good news for me I guess.

If you were living in this country in 1990, then you have actually technically been living here for 23 years or more so you do qualify under "Private Life" or "Article 8". Also if they revoked the Form IS151A then you obviously have no time restrictions on your time in this country. Surely that gives you the right to be considered to stay on your own merit regardless of whether or not you are in a relationship. Have I got this all wrong? If yes, please forgive me - I am still a little bit confused.

lola56uk · Post by **lola56uk** » Thu Apr 25, 2013 2:05 pm

missmykid wrote:was caught on train with no ticket 2003 and 04.didnt pay fine and got letter to say if i dont pay fine will get a criminal record.shld have paid then silly me.never got court summons.failed to go to court for tv licence but never heard anything about outcome.my name was not on voters roll then.i was too late to do crb so no idea whats on it.apart from that never been stopped by police or got involved with them.break up of relationship a month after submitting.lawyer informed HO,even tho i was not happy with it.lawyer said might get in trouble for fraud if i dont inform them and they find out.So no article 8 for me.just the 14yrs

Keep your finger crossed ; trust me if you were wanted , they would have found you all these days. You will be fine and all shall be well.
Do not over worry about what has not been declared yet .

missmykid · Post by **missmykid** » Thu Apr 25, 2013 2:28 pm

lola56uk do yu know what are the costs involved in an appeal.do you have to pay your lawyer again and ukba fee.im just hoping and praying they grant me.hope the best will come.

lola56uk · Post by **lola56uk** » Thu Apr 25, 2013 2:28 pm

Hopeful2 wrote:Hello lola56uk, I am little confused.

According to what you have just told us, one of their reasons for refusal was:

"Private life or Article 8 cannot be exercised as I have not lived in the country for 20 years"

Please see below excerpts from your posts in January and February.

30 January 3012
I applied for FLR based on ILR outside the immigration rules as I had submitted a 14 year application twice but was refused ; firstly I had filled out wrong form, secondly because when my uncle renewed is passport in 1990 for ILR he claimed I had left whereas I was living with his wife (my aunt). I was then aided by MP And Solicitor to submit and FLR (0) application in December 2007.

6 February 2012
So I attended this morning ; the interviewer was a nice chap and asked me loads of questions about when I came to the country ; anyway to cut the long story short I was told my application would be considered and the UkBA will revoked the Form IS151A that was issued to me in 2006 and that my application would be considered on the 14 year rule from 1997 to date. So that's good news for me I guess.

If you were living in this country in 1990, then you have actually technically been living here for 23 years or more so you do qualify under "Private Life" or "Article 8". Also if they revoked the Form IS151A then you obviously have no time restrictions on your time in this country. Surely that gives you the right to be considered to stay on your own merit regardless of whether or not you are in a relationship. Have I got this all wrong? If yes, please forgive me - I am still a little bit confused.

Hello
Apologies for the confusion !!!! - I was trying to summarise all !!!!
I have a gap in history where the Home office is taking serious information provided by my uncle; We have provided them information which states that this info false and was despite marital issues !!!! ( therefore on this basis HO is stating that I was not in the country for 20 years; I will provide additional school reports etc. which they have but have stated they disregarded due to my school closing down.

They stated that despite revoking my Form IS151A; I have shown no regards for the immigration law because I did not follow up a previous application which was refused due to insufficient information etc

As I said it’s a bit confusing but all we will get there one day , hope I have shed some light on where info is missing.

lola56uk · Post by **lola56uk** » Thu Apr 25, 2013 2:35 pm

missmykid wrote:lola56uk do yu know what are the costs involved in an appeal.do you have to pay your lawyer again and ukba fee.im just hoping and praying they grant me.hope the best will come.

Compared to what I have paid so far; the cost of the Appeal is minor !!!!

If an appeal is required then it will cost, for each person appealing, either:

£140 for an appeal to be determined at an oral hearing; or
£80 for an appeal to be determined on the papers provided.

It will probably cost under £1000 ( This includes Legal representative charges which £250 an hour ).

Oh - I do not know if I will need to Hire a barrister for the hearing if we get to that stage.

Hopeful2 · Post by **Hopeful2** » Thu Apr 25, 2013 11:24 pm

Oh dear lola56uk, your situation sounds quite complicated. Hope they accept your new evidence and maybe if you apologise to them for not following up on your previous refused application, they will view that as you showing some remorse for disregarding the law. Hopefully you will be giving us good news soon on this forum.

peppekalle · Post by **peppekalle** » Fri Apr 26, 2013 5:53 am

lola56uk wrote:Right I have had my refusal letter to hand. I must say it was very long and detailed ; from the top of my head 36 pages.
I am only providing this info ; I do not want anyone to feel sorry or critic me as I am hoping that it will help anybody in similar situation.

• I had a conviction in 2002 for obtaining property by deception, value of property was £50. ( Long story , but in short used my aunts card to buy petrol from Sainsbury and was stopped by random police check, who saw aunts card with me and ask me who she was. I panicked and did not say anything. she was illegal then and therefore did not show up at police station to defend ; I did not worry about it as I was given 60 Hours community service and £50 fine). I will fight this now as she is now British and we can provide further evidence.
• I was convicted for driving offence in 2003 ( banned for 12 months and £200 fine)
This was my last conviction and encounter with the Police apart from when I was detained by the immigration in 2007. Regardless the offence is way below the conviction threshold and I was really young then and it was mentioned that this was not used against my decision.

• Basically the Home Office are stating that because I do not have a child with my current Girlfriend and we are not married; therefore it means Article 8 cannot be used to grant me ILR . Well we are not married - but she has had a miscarriage on more than 2 occasion now. We will provide evidence.
And that they do not believe that my relationship is genuine and if it is then they are refusing based on below
o In addition to this I do not have strong links in the UK – again Article 8 .
o Private life or Article 8 cannot be exercised as I have not lived in the country for 20 years
o Lastly the Home office has dealt with my application within a reasonable time ( 7 years is reasonable , I will be bloody mad to think so )
o And that if I have developed any friendship or relationship this can be continued through the means of modern communication.

Basically rejection was based without common sense and makes me entrusted that an Appeal is indeed the way forward. Whilst I have no connection with my Home country anymore ; I will still make contingency plans if all fails. I am 33 years old now and cannot continue to leave a hide and seek life no more. I want to see the world , I am fed up of fighting for what I am entitled to.
I need to submit my appeal by the 7th of May ; so wish me good luck !!!!! As always no matter how down or emotional I am I will always make time to provide you with a summary.

Does anyone know how long an Appeal Process takes once submitted !!!!

I am sorry for what you are going through.No matter what Teresa may says the judge will look at your case and make judgment .

I hope you have a barrister representing you for the appeal.Where is your hearing at?Good luck.Your chances of winning an appeal are much higher if you have representation.

lola56uk · Post by **lola56uk** » Sat Apr 27, 2013 6:34 am

peppekalle wrote:
lola56uk wrote:Right I have had my refusal letter to hand. I must say it was very long and detailed ; from the top of my head 36 pages.
I am only providing this info ; I do not want anyone to feel sorry or critic me as I am hoping that it will help anybody in similar situation.

• I had a conviction in 2002 for obtaining property by deception, value of property was £50. ( Long story , but in short used my aunts card to buy petrol from Sainsbury and was stopped by random police check, who saw aunts card with me and ask me who she was. I panicked and did not say anything. she was illegal then and therefore did not show up at police station to defend ; I did not worry about it as I was given 60 Hours community service and £50 fine). I will fight this now as she is now British and we can provide further evidence.
• I was convicted for driving offence in 2003 ( banned for 12 months and £200 fine)
This was my last conviction and encounter with the Police apart from when I was detained by the immigration in 2007. Regardless the offence is way below the conviction threshold and I was really young then and it was mentioned that this was not used against my decision.

• Basically the Home Office are stating that because I do not have a child with my current Girlfriend and we are not married; therefore it means Article 8 cannot be used to grant me ILR . Well we are not married - but she has had a miscarriage on more than 2 occasion now. We will provide evidence.
And that they do not believe that my relationship is genuine and if it is then they are refusing based on below
o In addition to this I do not have strong links in the UK – again Article 8 .
o Private life or Article 8 cannot be exercised as I have not lived in the country for 20 years
o Lastly the Home office has dealt with my application within a reasonable time ( 7 years is reasonable , I will be bloody mad to think so )
o And that if I have developed any friendship or relationship this can be continued through the means of modern communication.

Basically rejection was based without common sense and makes me entrusted that an Appeal is indeed the way forward. Whilst I have no connection with my Home country anymore ; I will still make contingency plans if all fails. I am 33 years old now and cannot continue to leave a hide and seek life no more. I want to see the world , I am fed up of fighting for what I am entitled to.
I need to submit my appeal by the 7th of May ; so wish me good luck !!!!! As always no matter how down or emotional I am I will always make time to provide you with a summary.

Does anyone know how long an Appeal Process takes once submitted !!!!
I am sorry for what you are going through.No matter what Teresa may says the judge will look at your case and make judgment .

I hope you have a barrister representing you for the appeal.Where is your hearing at?Good luck.Your chances of winning an appeal are much higher if you have representation.

Thanks - I will have to get a barrister if anything. I have been told it could take months to have reviewed by AIT. But should have a final decision within 3-4 months.

To be honest - I am more confident in AIT than the UKBA!!!

ab171 · Post by **ab171** » Mon Apr 29, 2013 7:21 pm

This forum has kept both my brother and i sane during our ilr applications (i got mine last year) so I'd like to share my brother's timeline:

Application sent - 06 July
UKBA acknowledgement letter - 17 July
Request for biometrics - 12 September
Biomentrics completed - 15 September
ILR approval - notified by solicitor on 26 April

Good luck to all those still waiting. Keep the faith. They're being processed, slowly but surely!

14yearsUK · Post by **14yearsUK** » Mon Apr 29, 2013 8:29 pm

Congrats ab171. Your brother`s long wait is finally over . I hope the rest of us will receive something very soon.

Guys, please check out some interesting processing figures furnished by UKBA/ Home office, relating to June/July 2012 applicants:

https://www.whatdotheyknow.com/request/ ... 3.pdf.html

Hopeful2 · Post by **Hopeful2** » Tue Apr 30, 2013 10:30 am

ab171 congratulations - sit tight everyone who's still waiting for a decision - no situation is permanent and at this rate, we will all know by summer.

14yearsUK your link made interesting reading - the wait continues.

glory5050 · Post by **glory5050** » Wed May 01, 2013 10:50 pm

ab171 wrote:This forum has kept both my brother and i sane during our ilr applications (i got mine last year) so I'd like to share my brother's timeline:

Application sent - 06 July
UKBA acknowledgement letter - 17 July
Request for biometrics - 12 September
Biomentrics completed - 15 September
ILR approval - notified by solicitor on 26 April

Good luck to all those still waiting. Keep the faith. They're being processed, slowly but surely!

My application was time as your Brother.....I hope this week I receive goodnews

glory5050 · Post by **glory5050** » Thu May 02, 2013 4:53 pm

Congratulation to ab171 and your Brother that just got his ilr approved.
I am still waiting for mine but am encouraged by the news concerning your brothers ilr.
My time frame is similar to your brothers application.I applied for the Set O 14yrs rule...

Application Sent-06 July 2012
Ukba acknowledge letter-18 July
Request for Biometric- 07 September
Biometric completed-24 September
ILR------------------waiting

lola56uk · Post by **lola56uk** » Thu May 02, 2013 11:53 pm

Upon my appeal I am submitting an appeal through the courts based on 14 years application !!!!
It will be based on 3 things
1. 14 year stay in the country
2. Family life in the UK - relationship with British girlfriend !!!
3. Duration it has taken UKBA to investigate my case.

I will be visiting Taylor house in islington at various times to see how people dress , speak and how judges go about asking appeal any questions . I will keep you in the loop before then as we go ahead !!!

It will cost an estimated £3k to 5k including barrister fee.

banats · Post by **banats** » Fri May 03, 2013 5:13 am

Hi mates Please advise me about tribunal appeal as my ilr for 14 years has been refused and i am going to appeal. Thanks

peppekalle · Post by **peppekalle** » Fri May 03, 2013 5:44 am

banats wrote:Hi mates Please advise me about tribunal appeal as my ilr for 14 years has been refused and i am going to appeal. Thanks

What were the reason for refusal? To be able to succeed in court the onus is on you to prove you have been here for 14years.

lola56uk · Post by **lola56uk** » Fri May 03, 2013 6:13 am

banats wrote:Hi mates Please advise me about tribunal appeal as my ilr for 14 years has been refused and i am going to appeal. Thanks

Hello banats,

There was no clear point as to why there was a refusal

1. When my uncle - who I originally came here with ; when he renewed his visa for ilr in 1995 - he told the home office I had returned home. Had a marriage dispute with aunty etc and was quite bitter. On the other hand he probably did not know I was in London .

2. Secondly - they stated that I have not met the criteria for private live ; article 8 ... 20 years , no kids and not marriage. Etc

In tribunal - we will fight the case on each point !!! Without pissing the judge off.

I am getting a Junior QC Baristter to represent me as my legal repsentative is not allowed because he his a part time tribunal judge.

banats · Post by **banats** » Fri May 03, 2013 6:13 am

i have submitted english certificate which i did in 1999, and salary slips from 2000-2005 bank statements from 2004-2012 as i entered in the countery illegally i do not have anything to show them but they do not have anything which proves that i have enetered in uk any other date.

vix789 · Post by **vix789** » Fri May 03, 2013 8:43 am

My timeline:

Application Sent-06 July 2012
Ukba acknowledge letter-26 July 12
Request for Biometric- 24 October 12
Biometric completed-1 November 12
ILR------------------waiting

My dads Timeline;

Application Sent-07 July 2012
Ukba acknowledge letter- went to solicitor
Request for Biometric- not sure
Biometric completed- 10 October 12
Reply received on 16 April 13 >> more paper work requested within 28 days

We are yet to see the solicitor regarding the request from UKBA!

<<Congrats to all those who have recently recieved their ILRs - and I wish the others good luck>>

vix789 · Post by **vix789** » Fri May 03, 2013 8:47 pm

banats wrote:i have submitted english certificate which i did in 1999, and salary slips from 2000-2005 bank statements from 2004-2012 as i entered in the countery illegally i do not have anything to show them but they to not have anything which proves that i have enetered in uk any other date.

Hi Banat!!
I am sorry to hear about your refusal, you can give evidence in relation to your presence in 1998 by giving statements of your relatives or your friends that you stayed with. however you may have to take them with you on your hearing as a witness.

What was the reason given by Home Office for your refusal??..has your solicitor advised you on this matter??

Hope it works out for you.

banats · Post by **banats** » Fri May 03, 2013 9:47 pm

Thanks mate i will take written statements from my firends i have not my soliciter yet but i will see her soon i will post whatever she will advise me/
Ho except that i was here since 2004 but before that they did not except any paper which i subnitted as the offices i used to work are no more and ho say that they can not verify them.

glory5050 · Post by **glory5050** » Mon May 06, 2013 6:49 pm

Please , just want enquire if my partner can apply for FLR (o) when am awaiting decision on my application for my ILR . Your advise will be highly appreciated. Many thanks.

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