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ILR refusal, appeal help

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

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Stuck123
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ILR refusal, appeal help

Post by Stuck123 » Mon Oct 06, 2014 11:00 pm

Hello, I received a refusal letter for my ILR application on Friday morning and I will try to appeal the decision. My application was rejected for 2 issues.

The first, I am quite confident is an internal error. The paragraphs says this "On 5th January 2009 you arrived in the United Kingdom with a UK Ancestry visa valid from 5th September 2009 until 5th March 2014. Leave to enter expired on 5th March 2014" They go on to say that I am an overstayer.
All of these dates are incorrect. I arrived in the UK on the 5th of May, 2009, and my visa was valid from the 3rd of May, 2009, expiring on the 3rd of May, 2014. I can recall quite vividly applying for the visa in the middle of March, 2009, having my fingerprints scanned in April, 2009, and receiving the visa after this, then promptly traveling to the UK. I applied for ILR on the 1st of May, 2014. The problem with the March dates is that my visa was issued in Canada, where the date is written Month/Day. My visa says 5/3, which to a British person would be March 3rd, but I know this is incorrect, as I applied for the visa after this date. I am not sure how I will go about proving this though, any advice on what agency I should contact etc. would be wonderful.

The second issue is that I was in Canada for 217 days between 5th of August 2012 and 11th March 2013. I had stayed in Canada for this long for two reasons, only one of which I referenced in my application as I didn't think the other would be necessary. The first was the illness and death of my Grandmother. She died about a month and a half after I arrived, and then I stayed to be with my Father as he was not doing so well. I have been told that the death of my Grandmother is not enough to justify discounting the absence.

The second reason I had stayed so long, which I did not mention in my application, is that a year earlier in September 2011, I was attacked from behind by a gang of chavs whilst walking down the street on a Monday evening, and I developed some severe emotional issues and anxiety from this event. It became very difficult for me to be in public places for a long time after this, I didn't fully recover from this until the end of last year really. I had felt very safe at my parent's house in Canada, the first time I had felt safe in a year, which made it quite difficult for me to leave.

I am going to obtain a police record of the event, do you think it will be necessary to obtain any more documents? I didn't have any professional help with this as I wanted to self-heal, so there isn't a paper trail apart from the police record, and also a medical record from the night of the attack. Should I try to obtain the medical record? And do you think this will be enough to discount the absence?

I don't know if it will matter, but my parents are moving to Qatar in a couple of weeks, so I don't really have anywhere to go if I get sent back to Canada. Can I mention this? Also, both of my grandparents on my father's side were British, and both on my Mother's side have Scottish surnames. Would I be able to use this to my advantage?

I have until the 17th of October to appeal to the First-Tier Tribunal. Any advice would be greatly appreciated. Thank you for your time.

Stuck123
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Posts: 11
Joined: Mon Oct 06, 2014 10:12 pm

Re: ILR refusal, appeal help

Post by Stuck123 » Tue Oct 07, 2014 11:32 am

Any advice?

Stuck123
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Re: ILR refusal, appeal help

Post by Stuck123 » Tue Oct 07, 2014 5:12 pm

Sorry for the long post, basically I was refused one two grounds. One of which I believe is incorrect and the other I will elaborate on when I plead my case. A bit of help would be greatly appreciated

pelen23
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Joined: Sun Jun 12, 2011 8:48 pm

Re: ILR refusal, appeal help

Post by pelen23 » Tue Oct 07, 2014 5:44 pm

It is really strange that they got your visa valid / until days wrong. But I guess you can prove the right days. If you were absent from the uk for up yo 200 days , I guess you need to make those days up. Would you consider extending your ancestry visa. I have a friend like you Canadian both grandparents Scottish . But she entered the country 4 months later they issued it . An extension of the visa is an option. I don't think they would care whether you have place to stay in Canada or not.

I hope one of the experts would give you better idea

Good luck

Stuck123
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Re: ILR refusal, appeal help

Post by Stuck123 » Wed Oct 08, 2014 11:14 am

Thanks for your reply, do you know who I should contact to prove the right days? The phone number on the forms they have given me does not work.
Does anyone have any other advice? I need to post my appeal soon....

Tangie
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Joined: Wed May 21, 2014 3:45 pm
Location: Bristol. UK

Re: ILR refusal, appeal help

Post by Tangie » Sun Nov 02, 2014 8:24 am

pelen23 wrote:It is really strange that they got your visa valid / until days wrong. But I guess you can prove the right days. If you were absent from the uk for up yo 200 days , I guess you need to make those days up. Would you consider extending your ancestry visa. I have a friend like you Canadian both grandparents Scottish . But she entered the country 4 months later they issued it . An extension of the visa is an option. I don't think they would care whether you have place to stay in Canada or not.

I hope one of the experts would give you better idea

Good luck

Your passport should state when you visa was granted and how long it is valid for.

Stuck123
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Posts: 11
Joined: Mon Oct 06, 2014 10:12 pm

ILR refused

Post by Stuck123 » Sat Nov 22, 2014 12:11 pm

Hello, I need help regarding a complicated ILR refusal.
It was refused one two points, one of which was a prolonged absence, which my solicitor says is not worrying as I have justifiable reasons for this.
The other is a problem. I accidentally overstayed my visa by two months. When I first received my visa and for some time afterwards, I was unaware of the discrepancies between the Canadian and British dating systems. So as it said 5/3 on my visa, I took this to mean the 3rd of May, when in fact it was the 5th of March. I initially arrived in the UK on the 5th of May, 2009, because this was the first flight I found from when I believed my visa was valid. I internalized the date of May the 3rd so that I would not forget to apply when the expiration time came, and then applied for ILR at the end of April of this year. I did not realize the error until I had received my refusal letter. Is there any way I can be granted leniency in this matter as it was an honest mistake? Should I contact my MP? Is there any way I can explain myself to the Home Office?
My appeal hearing is on the 29th of December, but my solicitor has told me that even if my appeal is successful, I will only be granted a 2.5 year leave to remain on a 10 year route to settlement. Is this correct? I find this hard to believe as I am still eligible for another 5-year Ancestry visa, and it has nothing to do with what I applied for.
There is also an uncertainty of a re-entry ban. The rules state that if the over-stayer left within 90 days of expiration, there will be no ban, and I did try to regularize my stay within these 90 days, but I have been told that the Home Office may not see it this way. Any ideas?
I find this all very ridiculous, all 4 of my grandparents had British surnames, and two of them were UK citizens...

Stuck123
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Re: ILR refused

Post by Stuck123 » Sun Nov 23, 2014 2:20 am

Anything?

vinny
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Re: ILR refused

Post by vinny » Sun Nov 23, 2014 3:07 am

If you made an out-of-time application for ILR, then you have already overstayed, starting from your leave's expiry date. Since April, it's longer than 90 days.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Stuck123
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Joined: Mon Oct 06, 2014 10:12 pm

Re: ILR refused

Post by Stuck123 » Sun Nov 23, 2014 12:04 pm

Yes, but I did attempt to regularize my stay within those 90 days, and this was all due to a misunderstanding...
Anything about the appeal? Will I really only be granted a 2.5 year visa? I need to know as this will make it pointless for me to even bother with appealing

Stuck123
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Re: ILR refused

Post by Stuck123 » Mon Nov 24, 2014 11:26 am

It is a bit sad that the only "help" I have received is my new inquiries being merged with an old one which is no longer relevant and I, in fact, attempted to delete the old one before posting the new. Does anyone have a contact number at the Home Office where I can direct my questions?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILR refused

Post by Wanderer » Mon Nov 24, 2014 11:55 am

Stuck123 wrote:It is a bit sad that the only "help" I have received is my new inquiries being merged with an old one which is no longer relevant and I, in fact, attempted to delete the old one before posting the new. Does anyone have a contact number at the Home Office where I can direct my questions?
Bit ungrateful isn't it? We all give our time free here and try to help others if we can.

I wouldn't bother speaking to the Home Office, you'll only get some drone who can only sing from a crib sheet. You need a immigration lawyer or OISC specialist.
An chéad stad eile Stáisiún Uí Chonghaile....

Stuck123
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Joined: Mon Oct 06, 2014 10:12 pm

Re: ILR refused

Post by Stuck123 » Mon Nov 24, 2014 12:20 pm

I have a lawyer, they have only given me uncertainties
I just want to know whether I will receive ILR if my appeal is successful, or if I will be given this 2.5 year leave to remain, and whether I will have a reentry ban or not since I attempted to regularize my stay within the 90 day period.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILR refused

Post by Wanderer » Mon Nov 24, 2014 3:03 pm

Stuck123 wrote:I have a lawyer, they have only given me uncertainties
I just want to know whether I will receive ILR if my appeal is successful, or if I will be given this 2.5 year leave to remain, and whether I will have a reentry ban or not since I attempted to regularize my stay within the 90 day period.
Bin the Lawyer and get a new one.
An chéad stad eile Stáisiún Uí Chonghaile....

Stuck123
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Joined: Mon Oct 06, 2014 10:12 pm

Re: ILR refused

Post by Stuck123 » Mon Nov 24, 2014 5:55 pm

Yes, I was thinking the same thing...

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