ILR under Long Residence 14 years.

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ILR under Long Residence 14 years.

Postby rajjaji » Fri Jan 21, 2011 12:36 am

Hi,
My case is very complicated, I just wanted some advice? Basically me, my mother (father passed away) and two siblings came to this country in 1993 and four of us have lived here ever since. Me and my siblings were of ages 5, 8, 10, when we came to this country. We applied for ILR under 14 year residence back in June, 2009 through a solicitor. Since then my two siblings have received ILR. One received it in October 2010 as his passport was clean, while other was at first refused ILR in October but was then granted ILR in December 2010 after we requested reconsideration. The main reason she was refused was due to having bad quality ILR stamp in her passport and gaining work using that, her employers even after be contacted by UKBA when she was refused, she had given them bad quality stmp to gain employment, couldn't recommended her highly enough to UKBA which worked in her favour. When she was granted ILR, she was told it wasn't in public interest to remove her from the country or prosecute her due to using bad quality stamp due her character apart from this one instance.
Now it has been three months since an initial decision was reached on my sibling cases, yet me and my mother are yet to receive a decision. My case is very similar to my sister's as I had a bad quality stamp in my passport as well but unlike her I have not worked since I sent my application in. My mother's case is even different as she had a genuine ILR stamp given to her in 1997 which was gained when she took advantage of a loophole, basically she got a visa to go to France on a passport issued to her by country's embassy in London and on the way back the immigration officer stamped her passport with an ILR stamp as she made out she was resident of UK. She has also lived on state benefits since 1996 and claimed for us until we became adults. Although since just before we sent our applications she stopped taking all benefits she was getting on our lawyers advice, and we have been mainly supported by my cousin who is very well off and my sister to lesser extent. My mother's age now is 61.
Me and my siblings have never received state benefits in our own capacities.
My lawyer has contacted them to ask them to make a decision as they have reached a positive decision on two of the family's cases but have not received any reply. I contacted my MP's office as well, where one of his staff spoke to home office and asked them as to what was going on, she was informed our cases were still with case workers and decision will be made in due course (standard reply).
I am in a very depressed state at the moment as all I seem to do is sit at home and I am sick of waiting for any decision to be reached and want to get on with my life. What do you think my chances are of getting a favourable decision since my siblings were granted it especially since my sisters case is similar to mine although I am no way near as qualified as her.
Also what are my mother’s chances? We are very close family and emotionally dependent on each other where our centre is our mother since our father passed away when we were still very young children.
Do you think they can still refuse our applications since they have already granted my siblings ILR's, if so would we be able to use Human Rights act to challenge them? And why are they taking so long?

rajjaji
Last edited by rajjaji on Fri Jan 21, 2011 10:22 pm, edited 1 time in total.
rajjaji
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Postby rajjaji » Fri Jan 21, 2011 4:13 pm

Isn't there anyone who can give some input reagarding my problem? Would be greatful for any advice regarding my problem.
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Postby xyz123 » Fri Jan 21, 2011 7:47 pm

Another example of UK being such a soft country for immigration! i am not surprised at any decisions taken by UKBA now. like giving ILR to people who have clearly commited fraud and obtained ILR illegaly ...crazy

i think you will get lucky and if not you will at least have one more ground of appeal which will be that you can claim your family will be seperated....
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Postby rajjaji » Fri Jan 21, 2011 9:52 pm

xyz123,
I can understand your strong views but I can assure you UKBA is not going soft indeed it is very difficult to gain ILR through our route.
You point out about bad quality ILR and still getting ILR but I can assure you it wasn't that easy.
My brother received his ILR without any problems as he never had any bad quality documents and considering he came here at age of 5, I don't see by the age of 22 gaining ILR and after 17 years can be called soft.
My sister was refused because of the bad quality stamp initially even though she came here at the age of 8 and when her passport was stamped in her passport she was still a child. They only gave her ILR after strong represntations from her employers and UKBA making a balanced decision it was against public interest to remove her from the country, may be her being very highly qualified and giving more then £15000 worth of tax in one year and she is still only 26 helped her as well. What would UK have gained by deporting her, she can go anywhere in the world and use her skills, those skills are not UK specific. While she gained them using UK education system, its time for her and all of my family to pay back to this great country by payng taxes and being law abiding residents. We've come clean and have not hidden any of the facts as some advised even though we new the reprecussions could be serious for us as we no longer wanted to be illegals in this country. We could have easily destroyed them passports but didn't as we never wanted to be in future be accused of decption if we gained ILR.
Also they have still not given me or mum a decision, as we are waiting. There's every possibility they may refuse so I can assure you its not easy. I also came here at the age of ten, I was also a child when my passport was stamped with the bad quality stamp. It wasn't my decision to come this country but this is where my life is now.
My main concern is about my mother's application as her situation is most serious, she did many things she shouldn't have but was desperate and basically was advised by crooked advisors who she listened to as she didn't know any better. She also did everything for us and for our future and not because she wanted to gain financially. She had real fears for us and of our future if we were sent back to our country of birth as there is a family feud which has claimed 4 lives since we left the country. One of the reasons we came here was because our guardian my mum's brother was murdered in 1991 and fear for our safety.
rajjaji
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Postby chorc123 » Fri Jan 21, 2011 10:21 pm

I know some people are very harsh on this subject--14 years rule. However, if you read through this forum, some people got it very quick even they are illegal entrants at the beginning. Some people have to wait for ages even there was no fault documents at all. Some others just forces to end up at 14 years rule, which weren't their original plans etc etc.
I don't think anybody can tell you how long will it take. I have contacted my MP too, but you will only receive a standard letter, unless they are really 'working' on your case.
Your brother got it earlier than you, may be because of his age. He spent most of his childhood here. Therefore, they might dealt with it quicker.
Finally, I can only say, Good Luck!!
By the way, if you paid tax throughout the years here. Then, you should provide some evident to UKBA. They will process it much quicker. ( I only heard about from somebody who got ILR through legacy case. I am not sure the details but he paid load of tax during the years. Then he was granted within 9 months)
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Postby rajjaji » Fri Jan 21, 2011 10:27 pm

chorc123 wrote:By the way, if you paid tax throughout the years here. Then, you should provide some evident to UKBA. They will process it much quicker. ( I only heard about from somebody who got ILR through legacy case. I am not sure the details but he paid load of tax during the years. Then he was granted within 9 months)


Well I stopped working just before we made our application. But all P60 I had for when I was working, I sent them with my application.
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Postby xyz123 » Sat Jan 22, 2011 3:16 pm

rajjaji wrote:xyz123,
I can understand your strong views but I can assure you UKBA is not going soft indeed it is very difficult to gain ILR through our route.
You point out about bad quality ILR and still getting ILR but I can assure you it wasn't that easy.


:D ha ha ha ....so you commit illegal and fraudulent activity and then complain on how hard UKBA is.....you had a choice and you decided to do illegal activity....
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Postby girlpower19818 » Sun Jan 23, 2011 9:48 pm

Sorry, i can not offer much advice. All I can say is too be patient as it can take a long time for some people to get ILR on the 14 year rule.

I however think xyz 123 is being harsh on you. I understand about someone expressing their views and all that, but there is constructive criticism and simple being harsh and mean. People come here for advise not to be judged and criticised. ( oh, that's just my view, sorry if i offend anyone)

Good luck and let us know how it works out for you :shock: :shock:
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Postby chorc123 » Sun Jan 23, 2011 11:17 pm

Just one more advice, you need to find out if UKBA caseworker is ACTUALLY dealing with you case. If you are still in the queue, then there is not much you can do. Then just wait for your turn.
My story is different from you, read the forum above. However, me and my partner are still waiting.
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Postby rajjaji » Sun May 08, 2011 3:24 pm

Quick update,

Depressed and shocked then great news at the end of the week.

First immigration enforcement team raided my house with a search warrant to arrest me, luckily I wasn't home as was visiting family. I am guessing this was related to the bad quality stamp in my passport. I don't know why they took this action in my case when my sister's case was exactly like me yet was given ILR. I guess they can prosecute me if they want but are applying different standards appropriate? Also when that stamp was put in my passport, I think I was 15 at the time, I never used it to gain employment but felt when I made the application, sending all documents I had was must? Surely the chances of conviction are negligible considering my age at the time of the offense? My mum was at home even though her immigration status was in limbo like me they didn't say anything to her.

Once they had left, I received the news from my mum so immediately contacted my lawyer who in turn contacted the enforcement team. She asked as to why they raided my house but received no reply as to the reasons. She also informed them that if they want to interview me I am willing to come where ever they ask me to come? The raid happened on Tuesday morning, by Thursday I received great news that my mum had been given 3 years discretionary leave as she couldn't pass Life in UK test, she couldn't get ILR.

My lawyer has now sent the enforcement team papers regarding my siblings ILR and my mother's DL and has asked them why I am being singled out?

She informed me Friday that if she does not receive any reply regarding my case by end of next week she will send a letter informing them that we will be applying for Judicial Review.

Surely considering all my family has been given leave apart from me and the fact that I came here at the age of 10, and when stamp was put in my passport, prosecution would be difficult?

I am worried and depressed, what do you people think about my circumstances and any advice would be appreciated.

rajjajii
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Postby Greenie » Sun May 08, 2011 3:33 pm

rajjaji wrote:Quick update,

Depressed and shocked then great news at the end of the week.

First immigration enforcement team raided my house with a search warrant to arrest me, luckily I wasn't home as was visiting family. I am guessing this was related to the bad quality stamp in my passport. I don't know why they took this action in my case when my sister's case was exactly like me yet was given ILR. I guess they can prosecute me if they want but are applying different standards appropriate? Also when that stamp was put in my passport, I think I was 15 at the time, I never used it to gain employment but felt when I made the application, sending all documents I had was must? Surely the chances of conviction are negligible considering my age at the time of the offense? My mum was at home even though her immigration status was in limbo like me they didn't say anything to her.

Once they had left, I received the news from my mum so immediately contacted my lawyer who in turn contacted the enforcement team. She asked as to why they raided my house but received no reply as to the reasons. She also informed them that if they want to interview me I am willing to come where ever they ask me to come? The raid happened on Tuesday morning, by Thursday I received great news that my mum had been given 3 years discretionary leave as she couldn't pass Life in UK test, she couldn't get ILR.

My lawyer has now sent the enforcement team papers regarding my siblings ILR and my mother's DL and has asked them why I am being singled out?

She informed me Friday that if she does not receive any reply regarding my case by end of next week she will send a letter informing them that we will be applying for Judicial Review.

Surely considering all my family has been given leave apart from me and the fact that I came here at the age of 10, and when stamp was put in my passport, prosecution would be difficult?

I am worried and depressed, what do you people think about my circumstances and any advice would be appreciated.

rajjajii


I think prosecution is unlikely - also if it is the UKBA enforcement team as opposed to the police coming around it sounds more like they were coming to detain you under immigration powers rather than to prosecute you for the bad quality stamp, if they were going to do this I would've thought they would've done so by now.

It seems very strange as to why you have not been granted leave with your family. It's good that you have a solicitor who is willing to take the case to the high court as a threat of doing this may well solve this problem.

Regarding your employment - you said you didn't gain your employment by using the bad quality stamp - in that case how did you gain employment?
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Postby rajjaji » Sun May 08, 2011 3:51 pm

Hi Greenie,

Thanks for your response. The last job I gained was at one of the national convenience stores chain in 2003 which was on part time basis till I left just before June 2009, when I made my application. I applied for the job, gave my bank account number and my NI number and that was that. They never asked me for my passport.
Secondly forgot to add there was one police officer who came with the enforcement team.

rajjaji
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Postby rajjaji » Tue May 10, 2011 1:42 pm

rajjaji wrote:Quick update,

Depressed and shocked then great news at the end of the week.

First immigration enforcement team raided my house with a search warrant to arrest me, luckily I wasn't home as was visiting family. I am guessing this was related to the bad quality stamp in my passport. I don't know why they took this action in my case when my sister's case was exactly like me yet was given ILR. I guess they can prosecute me if they want but are applying different standards appropriate? Also when that stamp was put in my passport, I think I was 15 at the time, I never used it to gain employment but felt when I made the application, sending all documents I had was must? Surely the chances of conviction are negligible considering my age at the time of the offense? My mum was at home even though her immigration status was in limbo like me they didn't say anything to her.

Once they had left, I received the news from my mum so immediately contacted my lawyer who in turn contacted the enforcement team. She asked as to why they raided my house but received no reply as to the reasons. She also informed them that if they want to interview me I am willing to come where ever they ask me to come? The raid happened on Tuesday morning, by Thursday I received great news that my mum had been given 3 years discretionary leave as she couldn't pass Life in UK test, she couldn't get ILR.

My lawyer has now sent the enforcement team papers regarding my siblings ILR and my mother's DL and has asked them why I am being singled out?

She informed me Friday that if she does not receive any reply regarding my case by end of next week she will send a letter informing them that we will be applying for Judicial Review.

Surely considering all my family has been given leave apart from me and the fact that I came here at the age of 10, and when stamp was put in my passport, prosecution would be difficult?

I am worried and depressed, what do you people think about my circumstances and any advice would be appreciated.

rajjajii


Would be grateful for advice as regards to the above.

rajjaji
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Postby rajjaji » Mon Aug 22, 2011 11:19 pm

An update ,
Finally received my ILR today after 26 months. Now all family has legal status. I hope and wish those who are still waiting receive good news soon. Thank-you for all your support, today my new life starts and fear of being caught disappears.
Regards,
rajjaji :lol:
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Postby Joejo » Tue Aug 23, 2011 12:50 am

rajjaji wrote:An update ,
Finally received my ILR today after 26 months. Now all family has legal status. I hope and wish those who are still waiting receive good news soon. Thank-you for all your support, today my new life starts and fear of being caught disappears.
Regards,
rajjaji :lol:


Hey rajjaji,
congs, glad good news finally arrived for you am still waiting am now 24mnths not a thing yet but they had sed to sort me out after a JR threat, and they gave themselves a dead line of the 4th Aug 2011 in their response letter.which they ignored till today.so wana proceed with the JR now.What plan did you hatch to get them working. :shock: :shock: :D :D
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