ilr appeal

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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ilr appeal

Postby mayu » Fri Dec 21, 2012 2:07 pm

Hello everyone,

I have applied ilr 5years working route in August and am still waiting the decision.
Date of apply; 3 August (3years WP and 2 years Tier2, same employee)
Biometric done; 19 October
Visa expire; 12 August

Recently in this forum I read if we didn't submit a sponcer letter which states I would continue to work for them, the application would be rejected.
I have completed 5years on the visa expire date, however my contract terminated on the same day (visa expire date).
If my application will be rejected and have right to appeal, can I point out that I have legally stayed for 12 years (student visa, wp, tier2) or my child was born and brought up in the UK (11 years old)?
I am so worried and need your help. Thank you!
mayu
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Postby wpilr_nov12 » Fri Dec 21, 2012 2:25 pm

I am no expert in the matter, but you might want to look at if your application can be 'varied' to 10 year route assuming if you did not include any dependents in your application. Possibility worth exploring.
Please do not send me PM if I haven't sent you one yet.
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Postby mayu » Fri Dec 21, 2012 4:27 pm

wpilr_nov12 wrote:I am no expert in the matter, but you might want to look at if your application can be 'varied' to 10 year route assuming if you did not include any dependents in your application. Possibility worth exploring.


Thank you for the advice.
Does anybody know whether I can change the applying category from 5 years route to 10 years long residence route at the time of appeal?
mayu
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Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Re: ilr appeal

Postby Heisgood » Fri Dec 21, 2012 11:38 pm

mayu wrote:Hello everyone,

I have applied ilr 5years working route in August and am still waiting the decision.
Date of apply; 3 August (3years WP and 2 years Tier2, same employee)
Biometric done; 19 October
Visa expire; 12 August

Recently in this forum I read if we didn't submit a sponcer letter which states I would continue to work for them, the application would be rejected.
I have completed 5years on the visa expire date, however my contract terminated on the same day (visa expire date).
If my application will be rejected and have right to appeal, can I point out that I have legally stayed for 12 years (student visa, wp, tier2) or my child was born and brought up in the UK (11 years old)?
I am so worried and need your help. Thank you!


Not sure about your case but I suggest you register you child as a british Citizen if he/she isnt already a citizen under the 10yr rule for kids born in the uk.
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |
Heisgood
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Posts: 219
Joined: Thu Oct 11, 2012 9:48 am

Re: ilr appeal

Postby mayu » Sat Dec 22, 2012 1:05 pm

Heisgood wrote:
mayu wrote:Hello everyone,

I have applied ilr 5years working route in August and am still waiting the decision.
Date of apply; 3 August (3years WP and 2 years Tier2, same employee)
Biometric done; 19 October
Visa expire; 12 August

Recently in this forum I read if we didn't submit a sponcer letter which states I would continue to work for them, the application would be rejected.
I have completed 5years on the visa expire date, however my contract terminated on the same day (visa expire date).
If my application will be rejected and have right to appeal, can I point out that I have legally stayed for 12 years (student visa, wp, tier2) or my child was born and brought up in the UK (11 years old)?
I am so worried and need your help. Thank you!


Not sure about your case but I suggest you register you child as a british Citizen if he/she isnt already a citizen under the 10yr rule for kids born in the uk.


Thank you for your suggestion.
I think that's one of the possible solution. In case my application will be rejected, I wolud like to send the application for a British Citizen of my child. However I don't have his passport and other documentations because UKBA holds them at the moment. In this case, can I register my child as a British Citizen without his passport? ( sorry for a lot of question, I will research myself as well)
mayu
Newbie
 
Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Re: ilr appeal

Postby Heisgood » Sun Dec 23, 2012 8:39 pm

mayu wrote:
Heisgood wrote:
mayu wrote:Hello everyone,

I have applied ilr 5years working route in August and am still waiting the decision.
Date of apply; 3 August (3years WP and 2 years Tier2, same employee)
Biometric done; 19 October
Visa expire; 12 August

Recently in this forum I read if we didn't submit a sponcer letter which states I would continue to work for them, the application would be rejected.
I have completed 5years on the visa expire date, however my contract terminated on the same day (visa expire date).
If my application will be rejected and have right to appeal, can I point out that I have legally stayed for 12 years (student visa, wp, tier2) or my child was born and brought up in the UK (11 years old)?
I am so worried and need your help. Thank you!


Not sure about your case but I suggest you register you child as a british Citizen if he/she isnt already a citizen under the 10yr rule for kids born in the uk.


Thank you for your suggestion.
I think that's one of the possible solution. In case my application will be rejected, I wolud like to send the application for a British Citizen of my child. However I don't have his passport and other documentations because UKBA holds them at the moment. In this case, can I register my child as a British Citizen without his passport? ( sorry for a lot of question, I will research myself as well)


No. For the 10yr route you will need to send full birth certificate and passport. See the latest guidance here (pg 18 answers your question)

http://www.ukba.homeoffice.gov.uk/sitec ... uide_t.pdf
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |
Heisgood
Member
 
Posts: 219
Joined: Thu Oct 11, 2012 9:48 am

Re: ilr appeal

Postby mayu » Thu Dec 27, 2012 7:38 pm

Heisgood wrote:
mayu wrote:
Heisgood wrote:
mayu wrote:Hello everyone,

I have applied ilr 5years working route in August and am still waiting the decision.
Date of apply; 3 August (3years WP and 2 years Tier2, same employee)
Biometric done; 19 October
Visa expire; 12 August

Recently in this forum I read if we didn't submit a sponcer letter which states I would continue to work for them, the application would be rejected.
I have completed 5years on the visa expire date, however my contract terminated on the same day (visa expire date).
If my application will be rejected and have right to appeal, can I point out that I have legally stayed for 12 years (student visa, wp, tier2) or my child was born and brought up in the UK (11 years old)?
I am so worried and need your help. Thank you!


Not sure about your case but I suggest you register you child as a british Citizen if he/she isnt already a citizen under the 10yr rule for kids born in the uk.


Thank you for your suggestion.
I think that's one of the possible solution. In case my application will be rejected, I wolud like to send the application for a British Citizen of my child. However I don't have his passport and other documentations because UKBA holds them at the moment. In this case, can I register my child as a British Citizen without his passport? ( sorry for a lot of question, I will research myself as well)


No. For the 10yr route you will need to send full birth certificate and passport. See the latest guidance here (pg 18 answers your question)

http://www.ukba.homeoffice.gov.uk/sitec ... uide_t.pdf


Thank you very much for the information. It seems I have to wait UKBA decision anyway,,,,.It's already 4 months since I submitted the application, but maybe another 2 or 3 worrying months.
mayu
Newbie
 
Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Re: ilr appeal

Postby mayu » Sat Jan 12, 2013 5:44 am

mayu wrote:
Heisgood wrote:
mayu wrote:
Heisgood wrote:
mayu wrote:Hello everyone,

I have applied ilr 5years working route in August and am still waiting the decision.
Date of apply; 3 August (3years WP and 2 years Tier2, same employee)
Biometric done; 19 October
Visa expire; 12 August

Recently in this forum I read if we didn't submit a sponcer letter which states I would continue to work for them, the application would be rejected.
I have completed 5years on the visa expire date, however my contract terminated on the same day (visa expire date).
If my application will be rejected and have right to appeal, can I point out that I have legally stayed for 12 years (student visa, wp, tier2) or my child was born and brought up in the UK (11 years old)?
I am so worried and need your help. Thank you!



Today my Ilr was rejected after 5 months!
The reason of refusal is the sponcer letter which doesn't state continue to employ.
Now I have to find a legal help and will take the appeal process. Another long journey.

I heard it takes about 4 weeks for hearing after submitting the document to the First Tier Tribunal, another 2 weeks for the determination, and another months before all the document will be returned.

If my case will be successful for the First Tier Tribunal, do I have the right to work after having the determination letter? or do I have to wait until my passport will be back from UKBA?
Currently I have no right to work because my contract as Tier2 sponsored was terminated and very very miserable situation. If you have any advice, I am very happy.
mayu
Newbie
 
Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Re: ilr appeal

Postby vinny » Sat Jan 12, 2013 8:20 am

245HF(d)(i) fails.

mayu wrote: I have legally stayed for 12 years (student visa, wp, tier2)


Why didn't you apply for ILR under Long Residence since two years ago?
Please click on any given links for further information.

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We do not inherit the Earth from our ancestors, we borrow it from our children.
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Re: ilr appeal

Postby mayu » Sat Jan 12, 2013 12:26 pm

vinny wrote:245HF(d)(i) fails.

mayu wrote: I have legally stayed for 12 years (student visa, wp, tier2)


Why didn't you apply for ILR under Long Residence since two years ago?


I know,,,it was a big mistake.
At that time, we didn't sure whether we would live in this country or return to our country,,,,and we thought we can use the premium service for 5years route, but we couldn't make an appointment for the premium service in this August.
mayu
Newbie
 
Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Postby wpilr_nov12 » Sat Jan 12, 2013 3:15 pm

Have you explored the possibility of submitting fresh application under 10 yr route, but would need to act fast. If I were you I would apply straight away ( after getting confirmation from the experts in this forum that it is doable) and not even seek paid advice. But your own circumstances may dictate otherwise.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.
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Joined: Wed Mar 07, 2012 11:13 pm

Postby mayu » Sat Jan 12, 2013 5:59 pm

wpilr_nov12 wrote:Have you explored the possibility of submitting fresh application under 10 yr route, but would need to act fast. If I were you I would apply straight away ( after getting confirmation from the experts in this forum that it is doable) and not even seek paid advice. But your own circumstances may dictate otherwise.


Thank you very much for the useful information.
I will discuss about it with my partner.

In case of withdraw, do I have to depart within 28 days?
Does it count from the date i will request to withdraw or the date when I received the refusal letter?
In the application form for appeal, there's no information about withdraw procedure, only state the UKBA phone number.
mayu
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Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Postby wpilr_nov12 » Sat Jan 12, 2013 8:02 pm

What do you want to withdraw? Once a decision has been made, the application is done with.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.
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Posts: 2034
Joined: Wed Mar 07, 2012 11:13 pm

Postby mayu » Wed Jan 16, 2013 9:14 pm

wpilr_nov12 wrote:What do you want to withdraw? Once a decision has been made, the application is done with.


I mean withdraw of appeal.(sorry for the confusion)

After consulting few solicitors, I am a bit confused.
Some said the appeal is the best way, and another said I should re-apply on the basis of long residence during the 3C period.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If I take re-apply process, do I have to expect all the process again such as Biometric procedure and wait for another 6 months?
Of course to keep living in the Uk is my priority, however, to obtain the right to work in the UK asap is crucial because I have no income since August.

I appreciate if I could have your advice for this case.
mayu
Newbie
 
Posts: 10
Joined: Wed Sep 07, 2011 12:25 am

Re: ilr appeal

Postby vinny » Wed Feb 13, 2013 9:22 am

mayu wrote: I have legally stayed for 12 years (student visa, wp, tier2)


Note that:
Long Residence wrote:Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of continuous lawful residence they built up in the past.
Please click on any given links for further information.

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We do not inherit the Earth from our ancestors, we borrow it from our children.
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