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ILR Rejected with no appeal - what do I now?

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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Don-Dadda
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ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Wed Sep 17, 2014 8:38 am

Can somebody please help.
I was wondering if anyone could please give me some advice.
My Brother has been here since 1975 when he entered from Chile with my Mother when he was one years old, my parents were granted indefinate leave soon after and they just assumed at the time that he would also be granted leave to remain as a minor.
Many years on this whole situation was stupidly overlooked, and last year he applied for ILR via form Set O, however he received a reply yesterday stating that he has been refused indefinite leave to remain and has only been granted a residence card until 2017.
He has been here all of his life, went to school here but the SEC OF State belives that he has not been here continuously for the past ten years, which is very strange as and did not have a passport to ever leave. He only got a Chilean passport back in 2012 and has never left the country and at the bottom of the letter it states that he CANNOT appeal?
I am so very worried about what to do next.
Please please could you advise me in any way possible, or perhaps give me a name of somebody great that could advise?
I have been through a few immigration solicitors that have not helped at all and have charged a large rate.
Thanking you in advance for any advice.
Kind regards
Loreta

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Re: ILR Rejected with no appeal - what do I now?

Post by ouflak1 » Wed Sep 17, 2014 10:37 am

Don-Dadda wrote:Can somebody please help.
I was wondering if anyone could please give me some advice.
My Brother has been here since 1975 when he entered from Chile with my Mother when he was one years old, my parents were granted indefinate leave soon after and they just assumed at the time that he would also be granted leave to remain as a minor.
Many years on this whole situation was stupidly overlooked, and last year he applied for ILR via form Set O, however he received a reply yesterday stating that he has been refused indefinite leave to remain and has only been granted a residence card until 2017.
He has been here all of his life, went to school here but the SEC OF State belives that he has not been here continuously for the past ten years, which is very strange as and did not have a passport to ever leave. He only got a Chilean passport back in 2012 and has never left the country and at the bottom of the letter it states that he CANNOT appeal?
I am so very worried about what to do next.
Please please could you advise me in any way possible, or perhaps give me a name of somebody great that could advise?
I have been through a few immigration solicitors that have not helped at all and have charged a large rate.
Thanking you in advance for any advice.
Kind regards
Loreta
On what grounds did he apply and what did the rejection letter exactly state? Because it sounds like he applied under the ten years legal residence route, which would be inappropriate. In that case, it wouldn't be that they didn't think he was in the country the last ten consecutive years. It would be that they didn't think he was in the country legally for the last ten consecutive years, which, from your description of the situation, seems to be the case.

Don-Dadda
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Re: ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Wed Sep 17, 2014 1:18 pm

photo.JPG
photo.JPG (153.84 KiB) Viewed 2044 times
Hi thanks for the reply.
As his case is very unusual in that he has been here all of his life, he wrote to UKBA to find out the best possible route to apply.
They wrote back with a standard reply to fill in form set O.
I have attached the letter which he received from them.
He went to secondary school here and got an A and B GCSE in English but his results were lost over the years, so were not provided.
Although some old school papers were included to show he attended.
Would greatly welcome anybody's input.
Thank you

Don-Dadda
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Re: ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Wed Sep 17, 2014 1:38 pm

Don-Dadda wrote:
photo.JPG
Hi thanks for the reply.
As his case is very unusual in that he has been here all of his life, he wrote to UKBA to find out the best possible route to apply.
They wrote back with a standard reply to fill in form set O.
I have attached the letter which he received from them.
He went to secondary school here and got an A and B GCSE in English but his results were lost over the years, so were not provided.
Although some old school papers were included to show he attended.
Would greatly welcome anybody's input.
Thank you

Aplogies its form LR that was filled in and not SET 0

Obie
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Re: ILR Rejected with no appeal - what do I now?

Post by Obie » Wed Sep 17, 2014 2:35 pm

I believe he has a case for the Secretary Of State to grant him ILR outside the rule due to the injustice caused to him over the decades.

Within the rules, things don't seem to straightforward.

On what basis were the parents granted ILR, and did they make an application for him aswell?

Why did they not inform the HO that the son is part of the family unit and that he should have been granted ILR also?
Smooth seas do not make skilful sailors

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Re: ILR Rejected with no appeal - what do I now?

Post by Amber » Wed Sep 17, 2014 5:24 pm

I'm not sure any injustice has been done if the parents didn't apply for his settlement or registration as British.

On a lighter note, leave under FLR(FP) seems very likely, just get proof showing how long you've been here, school registration etc...
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Don-Dadda
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Re: ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Wed Sep 17, 2014 5:25 pm

Obie wrote:I believe he has a case for the Secretary Of State to grant him ILR outside the rule due to the injustice caused to him over the decades.

Within the rules, things don't seem to straightforward.

On what basis were the parents granted ILR, and did they make an application for him aswell?

Why did they not inform the HO that the son is part of the family unit and that he should have been granted ILR also?
Hi Obie
Thank you for your reply, we were initially told to write to the secretary of state and posted the letter, the reply was that he needed to apply via a form to the UKBA.
My parents were given assylum through coming here from the Pinochet regime, they were advised that as my brother was only a year and a half that he would be granted ILR automatically as a minor, they thought this was the case for quite a few years but then later due to circumstances it just got stupidly forgotten.
Do you know what possible steps he could take next as they have stated that no appeal is allowed, would the next step be a judicial review?
Thanks
Loreta

Don-Dadda
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Re: ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Wed Sep 17, 2014 5:41 pm

Amber wrote:I'm not sure any injustice has been done if the parents didn't apply for his settlement or registration as British.

On a lighter note, leave under FLR(FP) seems very likely, just get proof showing how long you've been here, school registration etc...
Hi Amber
Although the first line is a litle harsh it is indeed totally valid, however there really were genuine reasons for the whole ridiculous mess.
Unfortunately we cannot change the pastand can only look at what can be done now, regarding school registration paperwork etc he sent in what he had but alot of his GCSE certificates were lost over the years, but did send in school reports/some certs etc.
What does FLR(FP) mean?
Thank you for your reply and do appreciate your time.
Kind regards
Loreta

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Re: ILR Rejected with no appeal - what do I now?

Post by Obie » Wed Sep 17, 2014 10:36 pm

This was a family of refugees. Certainly the Secretary of State is required to issue refugee status to the whole of the refugee and his dependent. It appear that leave was initially issued.

I believe ILR outside the rules is the right course, and there is a compelling case for this.

It was not that the child was not part of the application, he was. He appeared the Secretary of State, did nothing with the child's application when a further leave application was made.

It follows that up to the time of this new application, the child had a Section 3(C) right as his application was outstanding before the Secretary of State, and therefore he has acquired ILR under 10 year lawful residence.

Get you brother to do KOLL test, and an English language test, so as to boost his case.

It is odd that after living here for 35 years, the Secretary of State could threat him like this.

What has he been doing over this 35 years\?
Smooth seas do not make skilful sailors

Don-Dadda
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Re: ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Thu Sep 18, 2014 11:09 am

Obie wrote:This was a family of refugees. Certainly the Secretary of State is required to issue refugee status to the whole of the refugee and his dependent. It appear that leave was initially issued.

I believe ILR outside the rules is the right course, and there is a compelling case for this.

It was not that the child was not part of the application, he was. He appeared the Secretary of State, did nothing with the child's application when a further leave application was made.

It follows that up to the time of this new application, the child had a Section 3(C) right as his application was outstanding before the Secretary of State, and therefore he has acquired ILR under 10 year lawful residence.

Get you brother to do KOLL test, and an English language test, so as to boost his case.

It is odd that after living here for 35 years, the Secretary of State could threat him like this.

What has he been doing over this 35 years\?
Hi Obie
Thank you for your reply.
OK so I will pass on the info regarding the KOLL test and an English language test, the only thing is if he has no right to appeal then where would he be sending this new info into?
At school he got very good GCSE's however he attended College for only a few months as it was around this time that my parents separated and mother suffered a breakdown soon after. It was a highly stressful time and therefore my Brother found it impossible to concentrate on studying with my mother so unwell. He has worked off and on over the years but he has basically been my Mothers carer since this time.
Getting full time work was hard as he needed to be home but also he felt unsure as to whether he was allowed to work fulltime with no ILR, and also was unsure about going through the whole ILR process without the means for proper representation to get a positive outcome. I do not wish to paint a sad little story, however this was what happened.
Thanks
kind regards Loreta

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Re: ILR Rejected with no appeal - what do I now?

Post by Amber » Mon Sep 22, 2014 5:44 am

Refugee status isn't automatically just applied to refugee deps. Moreover, you need to apply for deps.
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Re: ILR Rejected with no appeal - what do I now?

Post by Obie » Mon Sep 22, 2014 9:50 am

It seems to me, that Home Office were the one on the wrong on this occasion, although I believe the family should have pursued them.

I believe a first application was made for leave which was granted to all the family.

Home Office then decided to grant ILR to the main applicant on the basis of a well founded fear of persecution.

The dependents of such persons, automatically qualifies for ILR in line with the main applicant. There is no discretion on the Secretary of State in regard to the pre-flight dependents of a refugee.

That is under the bridge now. Now one needs to focus on the future.
Smooth seas do not make skilful sailors

Don-Dadda
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Re: ILR Rejected with no appeal - what do I now?

Post by Don-Dadda » Mon Sep 22, 2014 2:41 pm

It seems to me, that Home Office were the one on the wrong on this occasion, although I believe the family should have pursued them.

I believe a first application was made for leave which was granted to all the family.

Home Office then decided to grant ILR to the main applicant on the basis of a well founded fear of persecution.

The dependents of such persons, automatically qualifies for ILR in line with the main applicant. There is no discretion on the Secretary of State in regard to the pre-flight dependents of a refugee.

That is under the bridge now. Now one needs to focus on the future.[/quote]


Dear Obie

Thank you for your reply

But what does he do now as he has no leave to appeal.

Regards

Loreat

Don-Dadda
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Re: ILR Rejected with no appeal - what do I now? Obie Amber

Post by Don-Dadda » Thu Sep 25, 2014 2:41 pm

I want to say thank you for your help, but what Im desperate to know Is what to do next if he has no leave to appeal.

Could you please point us in the right direction on what we should do now.

Regards

Loreta

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