I had an appointment at Croydon PEO on Friday 5/11/2010 at 15:00, I arrived there 30 minutes before ahead of time along with my wife.
• Pre –Security queue wait time: 45 min (long waiting queue)
• Security checking: 5 min
• Entered in 1st counter: 15 minutes.
• Cash counter to get confirmation of payment clearance (1st floor): 10 minutes.
• Waiting for queue: 30 min
• Interview: 16:30 ish
• Passport took: 17:30
Summary:
I am bit disappointed by the outcome of my ILR application as I did asked question at this forum as well got 3 times confirmation from Home Office IEB (Immigration enquiry Bureau) @ 0870 606 7766, that can my wife -who recently got dependent visa on 6/09/10 can apply along with my ILR application. However they UKBA grant me ILR and denied my wife ILR.
Interview Details:
When I arrived at counter he asked me under what category you are applying and I told him I am applying under HSMP JR before April 2006 and than he asked me to give my application, passports and pictures. He fails to find out my application category on online SET(O) form and asked me where is this information than I indicated it is on page 4/16. Than he asked me to give bank statement, P60 (with HMRC confirmation letter, which he never looked at and returned), employer letter, salary slips. I told him I have all salary slips, would you like all them? he replied ‘I am here since morning 7:30 and I want to go home, just give me last 3 months…..(I understand his level of urgency on Friday evening at 16:30ish). I unpinned salary slips from bundle and gave him last 3 months slips… he start entering data into system etc for 10 min and than went to photocopier to copy these documents….than we came back and starting working on his computer….after few minutes he turned at me and said
Your wife cannot apply ILR. I told him YES she can as per High court ruling and I am applying after getting confirmation from Home Office IEB plus user group forum (Workpermit). He enquire his colleague about my case who than called someone on phone to confirm . Meanwhile I showed him copy of ‘HSMP ILR JR: POLICY DOCUMENT’ sub paragraph 29 for Dependent states:
The immigration status of dependents of migrants in the categories covered by this policy will follow that of the principal applicant’
And told him Chapter 5 of Immigration Rule (135A to 135F) which explains HSMP was deleted from your website. So it is implied that Policy document supersedes that pervious defined rules.
But he insisted your wife got VISA Tier 1 (General) Partner visa so Tier 1 rules (i-e 2 years stay in UK) will be applicable to her. I questioned him, how come you are treating my case as HSMP JR and my dependent case in different category? He said we cannot issue her ILR and if you don’t withdraw her application we will refuse your ILR application as well. Than he gave my wife withdrawal form to sign and returned my ILR application to cross her details. He left me with no option but to withdraw my wife application which I did it under pressure/threat. He did mention you will get ILR from the date when its due I again asked him can you give me refusal letter for my wife case or explain under what law you are refusing? He responded that we have not refused your wife application. Than I asked can you return the fee and he responded they cannot refund her fee. I asked him how can I appeal against the decision he said you will be fine we are giving you ILR from the date you entered in this country (2 months backdated) and he cannot give you refusal letter. To be honest, I feel he is in rush to go back home ASAP and not bothered at all ….
My wife Tier 1 (General) dependent visa is going to expire in Mar 2011 and my questions are:
1. Does my wife qualify for ILR under HSMP JR review?
2. If so than , what do I need to do now? Re-consideration letter to HO or JR in high court?
3. Does she need to clear ESOL and Life in UK test?
4. Can sue HO for damages or compensation ? As I do not have a good history with HO, they refused my HSMP case because of wrong currency conversion by case worker than after re-consideration application, I got approval (wasted time, money and mental stress due to overlooking simple currency calculation). Again during HSMP FLR extension instead of putting under High court JR ruling they treated my case in Tier 1 and returned my application 3 times than finally gave me extension within a day when I wrote them letter for urgent treatment of my case. Than again when my wife applied for dependent visa they refuse her visa due to material fault by Case worker at embassy in Abu Dhabi who overlooked my document and refused her case on a ground that I don’t live in UK and after submitting re-consideration application my wife got entry clearance after 9 months delay (that was really stressful and we had very low in our relationship due, plus problem at work and I am ending up in paying double living cost for myself in UK and my wife overseas). As a lesson learnt, I don’t want other people to suffer from HO negligence and service as per there standard service level (i-e compare to Australia, Canada Immigration)
If we do mistake we got penalized (for breaking immigration rules, plenty fees charged, criminal history etc) when they do mistake, nothing happen?
Previous post re:
http://www.immigrationboards.com/viewtopic.php?t=65927
Many thanks
