ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR on Set M application Refused at Croydon (help me out Plz

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

ILR on Set M application Refused at Croydon (help me out Plz

Post by Miangee » Sat Sep 06, 2014 9:48 pm

Dear Member plz help

I am very disappointed today as my wife ILR is refused by one of rude and worst case worker saying that my wife has not completed 60 months yet even though she is here from 2007 and was given flr m visa 2 years in old rules as it was applied before 6 April 2014 changes.

Case back ground is i have applied ILR in dec 2013 on long residency was full time student and my wife was applied flr m same time my ILR approved on 2nd April 2014. and my wife flr(M) was approved on 25 April 2014 for 2 years under old rules.

Today case worked refused my wife ILR for two reason first as she have not completed 60 months yet and secondly that she was student dependent from feb 2007 so that period does not count for settlement. When i have argue with the senior case worker saying that she come in old rules and fulfill the requirement of 287 (d) and last leave was granted 281 old rules if it was not in old rules why she were granted 2 years visa why not 30 months then case worker gone inside and after 2 hours wait he call us and cancel my wife 2 years visa saying that it was error she does not qualify she need to stay here 60 months or alternatively she can qualify for 10 year after 2 years. they have taken the full fees and give her 2.5 years visa
it was very bad day i shocked when i read the refusal letter they have written all dates wrong we applied today they have mentioned 21 July 2014 my wife spouse visa was granted 25 April they written in refusal May it was valid till April 2016 they have written November 2016. i dont know where from they got these dates

As per amber I try to explain him all situation even though i have showed him all emails of home office where there is clearly written if some one has applied before 6 April they can combine the leave and come in old rules but he does not want to listen any thing.

Can any one plz help me out as i have lost not only money but also they have put me in tension for further 60 months

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILR on Set M application Refused at Croydon (help me out

Post by Obie » Sat Sep 06, 2014 10:50 pm

That is ridiculous. You must write and complain and send a Judicial review Pre -action protocol to challenge the decision, if necessary.

It is wholly unjustified.

2987A(i) (d) clearly permits her to secure ILR.
Smooth seas do not make skilful sailors

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR on Set M application Refused at Croydon (help me out

Post by Amber » Sat Sep 06, 2014 11:01 pm

You won't need a JR. Just write and ask for a reconsideration, it's actually a common mistake.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILR on Set M application Refused at Croydon (help me out

Post by Obie » Sat Sep 06, 2014 11:13 pm

I made my post clearer for the avoidance of any doubt.

ell i will call it a mistake to many, and if they insist on it, that will be the final destination for the OP.

I have seen FOI request, where policy operator are saying , amalgamation of time spent as Tier 4 Dependent does not count even for FLR(M) application made before April 2014. This seem to be a deliberate mistake.

To add insult to injury, they gave OP the slap on the face, by affixing a 30 months leave on his wife's passport.

Clearly i am not advising OP to put in a JR tomorrow, as he will need to follow a PAP.

But if they refused to do the right thing, that will be his only remedy.
Smooth seas do not make skilful sailors

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR on Set M application Refused at Croydon (help me out

Post by Miangee » Sun Sep 07, 2014 8:23 am

Hi
Amber to whom i should ask for the considration case worker did not write his name even on refusal letter just signed
And what do u think my wife is qualfy or no if does not due to student dependent then i should have to ask them to refund my fees atleast if it was error why should i have to pay fees again for their error.
If possible give me emails and address for complaint and revew plz

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR on Set M application Refused at Croydon (help me out

Post by allwell46 » Sun Sep 07, 2014 12:33 pm

Dear

So sorry to hear about your wife's case. Once I was same.
please see below
http://www.immigrationboards.com/indefi ... 69461.html

If you need any more help plz contact pm me or allwell46@yahoo.com

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR on Set M application Refused at Croydon (help me out

Post by Miangee » Sun Sep 07, 2014 9:47 pm

Thank you very much alla brother
your case and fight with home office and got ILR is only my hope and as per senior i must write a reconsideration letter but only the issue is that you wife was tier 1 dependent but my wife was tier 4 dependent i cant find any rules that tier 4 period is include in qualifying period if that is case then i should have to fight to ask them restore the two year visa as we have applied before 6th April and i should have to fight for my fees refund rather then ILR as if it was there error why should i have to pay a another fee to prove their error

any senior plz advice

Alla brother i have sent you email can you plz reply

thanks

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR on Set M application Refused at Croydon (help me out

Post by Amber » Mon Sep 08, 2014 3:45 am

The answer is:
319AA wrote:Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR on Set M application Refused at Croydon (help me out

Post by GOd Helps » Mon Sep 08, 2014 9:57 am

Sala Miangee this is so annoying. i am excatly in you situation .
there was another case like this in june .The tier 4 dependant was refused ILR and then he sent a reconsideatrion later on it was approved .you can check trhe threads of 23/26 june. This member was so nice he emailed me the complaint he wrote ,and the response from home office. if you give me your email address i will pass on the letter to you. As far as i am concerned i am waiting to book an appointment . ihave already written a complaint letter to UKVI on 14 august that we are not being given correct information and are wrongly treated. as soon as i get ea reply from UKVI i will pass thsat to you as well .Also i have an email reply saying i can apply for settement (not a generic one).

We need to fight but w are right!

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR on Set M application Refused at Croydon (help me out

Post by GOd Helps » Mon Sep 08, 2014 10:26 am

salam Miangee just received a response letter from UKVI complaint team i am sure it will be helpful. if you want ican email you the letter.
it says.
i can amalgamate my leave and apply for ILR as tier4 dependant and apply for ilr.

my back ground
main applia nt got ilr on 10 years basis 16 april
depenadant since 2007 , student dependant since 2011
flrm applied 1 april 2014 granted for 2 years 16 may 2014.

i will now book my appointment as i have a written letter from UKVI in my name that i am eligible i believe your case is very much similar.

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR on Set M application Refused at Croydon (help me out

Post by Miangee » Mon Sep 08, 2014 8:51 pm

Hi
God helps
Thanks alot brother due to you guys in fourm and if God will help my hope will not die can u plz farward email n give ukvi email where from u got the email and kindly send me both letters plz on my email=miansonsltd@gmail.com
And also let me know where i have to write for reconsidration and what is the id of that person who granted ilr as i think it was not tier 4 it was on tier 1 confusion is only tier 4 student as it does not counted in qualfying period.

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR on Set M application Refused at Croydon (help me out

Post by GOd Helps » Tue Sep 09, 2014 9:43 am

Miangee wrote:Hi
God helps
Thanks alot brother due to you guys in fourm and if God will help my hope will not die can u plz farward email n give ukvi email where from u got the email and kindly send me both letters plz on my email=miansonsltd@gmail.com
And also let me know where i have to write for reconsidration and what is the id of that person who granted ilr as i think it was not tier 4 it was on tier 1 confusion is only tier 4 student as it does not counted in qualfying period.

no the person i am talking about was not on tier 1 but was on tier 4 like us . iam at work at the moment will email you allthe relvant letters tonight. Also i have a clear letter from UKVI that I can apply for ILR and you know my immigration details .
InshaALLah it very resolved .UKVi is wrong .

yogeeta75
Junior Member
Posts: 65
Joined: Thu Oct 28, 2010 1:11 pm
Location: LONDON

Re: ILR on Set M application Refused at Croydon (help me out

Post by yogeeta75 » Tue Sep 09, 2014 1:39 pm

Hi
Can you please email me the letter from ukvi which states we can amalgamate the Tier 4 dependent time as well?
Many thanks
Yogeeta75@hotmail.com

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR on Set M application Refused at Croydon (help me out

Post by GOd Helps » Tue Sep 09, 2014 5:00 pm

yogeeta75 wrote:Hi
Can you please email me the letter from ukvi which states we can amalgamate the Tier 4 dependent time as well?
Many thanks
Yogeeta75@hotmail.com

ok will tonight

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR on Set M application Refused at Croydon (help me out

Post by Miangee » Tue Sep 09, 2014 9:25 pm

Hi
Thats realy great if he was on tier 4 and got ilr then this will be very helpful to us kindly send me all letters email plz on my email= miansonsltd@gmail.com
I m just worried that will they send me new brp or not if i have not receivd yet otherwise i would have to for JR

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR on Set M application Refused at Croydon (help me out

Post by GOd Helps » Wed Sep 10, 2014 9:57 am

Miangee wrote:Hi
Thats realy great if he was on tier 4 and got ilr then this will be very helpful to us kindly send me all letters email plz on my email= miansonsltd@gmail.com
I m just worried that will they send me new brp or not if i have not receivd yet otherwise i would have to for JR

just emailed you all elt me know if there are any problems

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR on Set M application Refused at Croydon (help me out

Post by Miangee » Wed Sep 10, 2014 6:38 pm

Hi
Thanks to send me all emails
Today i got brp and got one more funny thing as case worker was canciled my wife 2 year visa but now they send her 29 month visa which is illogical it should be 30 months i am 100% this must be some lay man whose does not know any rules and giving troubls.

And allwell46 can u plz let me know you were witten reconsidration letter to case worker or anyone else as there is no name on refusal send me email address and ltter which u wrriten
And should i write complaint as well

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: 2 years spouse visa Set M application Refused at Croydo

Post by Miangee » Thu Sep 11, 2014 7:27 am

I got brp and got one more funny thing as case worker was canciled my wife 2 year visa sayin that it was error but now they send her 29 month visa which is illogical it should be 30 months we have paid huge amount and has treated unlawfull
Just want to know where to write complaint or needs go for jr as there is no name on refusal letter

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR on Set M application Refused at Croydon (help me out

Post by Amber » Sat Sep 13, 2014 4:56 pm

Have you wrote to ask for a reconsideration by 1st class recorded delivery as per the other members post?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: 2 years spouse visa Set M application Refused at Croydo

Post by Obie » Sat Sep 13, 2014 5:36 pm

Miangee wrote:I got brp and got one more funny thing as case worker was canciled my wife 2 year visa sayin that it was error but now they send her 29 month visa which is illogical it should be 30 months we have paid huge amount and has treated unlawfull
Just want to know where to write complaint or needs go for jr as there is no name on refusal letter
I advised that you write a letter to the JR unit aT Croydon to threaten with a JR.

I was opposed for that, but i believe if you don't send that letter soon in good time, you will find that the Tribunal will possibly dismiss your claim for being out of time. JR should be filed ASAP, in any event, no later than 3 months.

It seems to me, that it is Sheffield PEO that knows the law and professional. Croydon, Birmingham etc. all seem to be having the same problem.

It seems like a deliberate attempt, to apply a law retrospectively. It is appalling.
Smooth seas do not make skilful sailors

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR on Set M application Refused at Croydon (help me out

Post by Amber » Sat Sep 13, 2014 5:38 pm

JR should still be allowed as the OP is making reasonable attempts to rectify the decision. It is expected that persons do this rather than pursing the more expensive JR hastily.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILR on Set M application Refused at Croydon (help me out

Post by Obie » Sat Sep 13, 2014 6:36 pm

It will depend on the view of the court, on what is a reasonable time for a person to send letters to the UKBA before they can conclude that nothing positive was going to come out of it.
Smooth seas do not make skilful sailors

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR on Set M application Refused at Croydon (help me out

Post by allwell46 » Sat Sep 13, 2014 8:17 pm

Dear
Write a letter to case worker who dealt with the application, if there is no name just say senior case worker or chief immigration officer, Manager. And don't forget to put the case no, reference no, date and time of appointment. once they receive the letter they will be able to trace it who dealt with your application.

Write a reconsiderations letter with recorded or special delivery as soon as possible, my reconsiderations letter is there in that link I have already provided you with.

Amber is right saying Tier 1 general and tier 4 should be treated the same in this case.

Good luck and plz keep us updated.

Miangee wrote:Hi
Thanks to send me all emails
Today i got brp and got one more funny thing as case worker was canciled my wife 2 year visa but now they send her 29 month visa which is illogical it should be 30 months i am 100% this must be some lay man whose does not know any rules and giving troubls.

And allwell46 can u plz let me know you were witten reconsidration letter to case worker or anyone else as there is no name on refusal send me email address and ltter which u wrriten
And should i write complaint as well

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR on Set M application Refused at Croydon (help me out

Post by Miangee » Sat Sep 13, 2014 11:05 pm

Hi
I have written the reconsideration letter and also printed the all relevant rules and highlight to make it more easy to read for them
I will post that Monday morning but confusion is only that there are two members here who has given me two different address to send one member says send it to complaint unit with mention if u will not accept I will go to JR
And allwell advice to send it to a senior case worker address with only reconsideration format
So I have plane to send both main reconsideration letter to senior manager and just add word complaint/reconsideration and Cc to complaint hub unit Croydon
Senior ,gurus plz advise

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR on Set M application Refused at Croydon (help me out

Post by Amber » Sun Sep 14, 2014 10:11 pm

To the caseworker and their manager.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Locked
cron