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ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

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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Saimarizvi
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ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Saimarizvi » Wed Aug 20, 2014 12:57 pm

hello
Please help me. my husband got refusal today on ILR 10 years basis with one gap 4 months. according to our lawyer it was 45 days gap but HO calculated it 4 months and 10 days gap.
My husband was on Student Visa on 5th Nov 2010 we exhausted our appeal and send fresh application on 10th Jan 2011 and it was successful on 15 March 2011. Our Visa was rejected and got an appeal then it was refused and second appeal after that we exhausted on 5 March. My husband was looking for new sponsor till that time. To be honest we were misguided by one friend lawyer and then we went to the best lawyer. we got our visa after that. our lawyer was calculating gap was only 45 days but HO calculate it 4 months and 10 days.
we have family here. I am living with my husband since 2005 and with 2 kids. one is 6 years old.
Right now I have got an appeal. Please help me what are the chances to gain ILR in court?
Is there any chance on Family Life basis?
Please help me as soon as possible.
Thanks

Saimarizvi
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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Saimarizvi » Wed Aug 20, 2014 2:00 pm

Plz anyone help me.

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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Amber » Wed Aug 20, 2014 7:15 pm

Was the 6 year old child born in the UK?

I am slightly confused, in 2010 when was your appeal determined and when did you apply for leave? If this was >28 days then the continuous period was broken.
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Saimarizvi
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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Saimarizvi » Wed Aug 20, 2014 7:32 pm

Amber wrote:Was the 6 year old child born in the UK?

I am slightly confused, in 2010 when was your appeal determined and when did you apply for leave? If this was >28 days then the continuous period was broken.

Yes, I have 2 kids both born in uk. One is 6 and second one is 2. Our student extension was refused because of fund's points
Then we got appeal. We were misguided by a family friend lawyer. Our 2 appeals were refused. The third appeal we went to the Manchester beat lawyer and they suggest us to exhaust appeal and send a new application. During that time we made a fresh application in 45 days. We got successful extension in March. Our lawyer was keep calculating 45 days gap but it was actually 4 months and 10 days gap. I m living here since 27 November 2005 and we were extending our visa everytime. Now the situation is.. ILR refused because of 4 months gap. Now my question is: is there any chance we can proceed in our appeal on humanitarian basis or Article 8 ?
Plesse advice urgently.

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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Obie » Wed Aug 20, 2014 9:30 pm

The 45 days is a long period of overstay. It will impact on ability to secure ILR and lawyer should have known that.
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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Amber » Wed Aug 20, 2014 10:28 pm

I assume both parents are not settled. Therefore an application under FLR(FP) May be most suitable if you're needing new leave outside PBS. I assume your child will turn 7 quite soon?
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Saimarizvi
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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Saimarizvi » Wed Aug 20, 2014 11:03 pm

Thank you very much for your reply. I really appreciate it.
Could you please explain FLR FP? I have 2 questions
now.
1. If appeal is exhausted after how many days we can apply for new application? I know as soon as possible but in guidance how many days are allowed?
2. If I will argue in appeal that I applied new application in 45 days Home Offixe usually takes weeks to make decisions so why HO is calculating time since the appeal exhausted till the decision date?
My eldest son is just turn to 6 this July.
Again I would like to know if anyone can help is there any chance of argue for family life Article8 in court?
Please reply as soon as possible. Thanks again.

Saimarizvi
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Posts: 5
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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Saimarizvi » Tue Aug 26, 2014 7:08 pm

Please anyone can help.
Could you please explain FLR FP? I have 2 questions
now.
1. If appeal is exhausted after how many days we can apply for new application? I know as soon as possible but in guidance how many days are allowed?
2. If I will argue in appeal that I applied new application in 45 days Home Offixe usually takes weeks to make decisions so why HO is calculating time since the appeal exhausted till the decision date?
My eldest son is just turn to 6 this July.
Again I would like to know if anyone can help is there any chance of argue for family life Article8 in court?
Please reply as soon as possible. Thanks again.

Amber
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Re: ILR REFUSAL ON 10 YEARS BASIS WITH ONE GAP OF 4 MONTHS

Post by Amber » Tue Aug 26, 2014 11:28 pm

Within 28 days of the appeal determination.
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