Immigrationboards.com

[missmykid]

same here zagoo2000 still waiting for biometric letter. sent 6th july
acknowledgement 27th july
waiting and hoping and homeless

[diggingdeep]

[missmykid]

missmykid wrote:
waiting and hoping and homeless


Did you try to contact these organizations their aim is to help people in your position.
http://boaztrust.org.uk/.
http://boaztrust.org.uk/get-involved/naccom/.
http://homelessuk.org/details.asp?

tried these but they cant help because im not an asylum seeker.gonna keep trying

[missmykid]

out of the streets now.thanks digging deep for the advice.

[SouthAfricanInUK]

Hi Kiwi girl,
Thanks for your very positive post.
I need some advice, I have been in the country for over 14yrs now. I made an application to remain in 2003, but this was refused because I overstayed my student visa. I didnt know about the refusal because I moved house ( I let the Home Office know and they still posted to my old address ) Anyway they contacted me in 2009 saying the dept dealing with my application no longer existed and asked for further info.
I wrote back in Oct 2009 ( within 28 days ) and that was the last I heard from them. What does it all mean and do I need to see a solicitor ??
Any advise is much appreciated Thanx

[chorc123]

[missmykid]

got biometrics letter yesterday 11/10/12 dated 2nd october.keeping fingers crossed from now

[Joejo]

Member of Standing


Joined: 03 Oct 2010
Posts: 116

Posted: Wed Sep 19, 2012 4:44 pm Post subject:
Hi guys

I just recieved a letter today from the UKBA requesting for further information as
I have a UK born dependant. In order for them to consider my case with evidence.

1. Is your client in any relationship with his daughter.
2. Original full birth cert of my daughter.
3.Does your client have any contact with the daughter, how often and what level of contact.
4.Who is the main carer for my daughter.
5.Who has full custody of my daughter.
6.I should provide further details and evidence of my family life in the UK and specifically relationship with my daughter.

7. Evidence of cohabitation.


Now all that is being asked was sent in the bundle before we went to court in May where the appeal was allowed and remitted for consideration under section 55. Does that mean that the caseworker has not got that imformation?. We have never cohibited,my daughter leaves in the midlands and i leave in London,i speak to her regularly and go to see her often to spend time with her during term time and holidays.


So what information do these guys want other than the Original BC.

Please any in put be great i want to prepare all i can to sent by tomorrow thanks

Hi guys

Above was then but now ukba confirmed that they received the further information on the 24th Sept 2012. How long would they normally take after they get the information that they required.

[magga1]

I have been following this blog for a while and it has given me a lot of insight into what to expect with my own application. My story is listed below.

I came to the UK on 01/01/1998 on a 6 months visitor’s visa and overstayed. I have been in employment since 1998 and have been in current job for 10 years. I also managed to study and earn 5 separate professional qualifications in Project Management, IT and Enterprise Architecture. I lost my passport in 2002 and could not locate any documentation to cover 1998/99. I have got a P45 issued in December 2000 for my first job and a reference from my manager at the time. I managed to get my complete medical records which cover the period 1998-2012 and a letter from my current GP. I also have got P60's from 2000-2012 and all my certificates. I also submitted 5 letters to support my application from members of my family and my partner who is a British citizen.
My main worry was the missing gap between 1998-99, we resolved to emphasise that they verify that I was resident in the UK in 98-99 using my medical records as I attended appointments and hospital visits during that period in question. My solicitor also requested the caseworker to check their data warehouse for landing cards to verify my date of entry as I lost my passport with the entry stamp.


Application completed with solicitor: 08/05/12
Application received by UKBA: 18/05/12
Acknowledgement letter dated: 21/05/12
Payment: Bankers Draft
Status: IRL Granted: 12/10/12
Biometric Card received: 17/10/12
Passport and Supporting documents are still in transit.
_________________
Keep your head up.

[pgmiot]

congratulations, Magga1.
Would you mind to PM me your solicitor's details?

As you can read my previous post, I applied on the 7th/July, when I was still 1 and half month short of the qualifying period. I am very worried, in fact depressed about my future.

Somehow , I still want to try my best, start looking for a good solicitor, in case I am rejected.

thanks a million.

[pgmiot]

Hi, diggingdeeper

I am very appreciate and grateful for the effort, patience and knowledge that you have putted into the message you replied to me.

It is very informative and has helped me a lot.

Now I have few more questions , they are as follow:

1. from your message, that in my case, I will have no right to appeal, but can ask for reconsideration, and if necessary, go for Judiciary review.

2. Should I have to go for Judiciary review, My argument would be that the 14 years rule had been abolished without any warning, in another word, retrospectively?

3. do you know where I can search for the past Court Cases? any data base website?

I have been very depressed, sometime I am thinking , maybe just hide in some back street, and stay there forever, it is such a difficult world for me, such a harsh reality.

Seems my life is a big joke, after all that has happened in my life, I thought by the end of the 14 years, I could start my life fresh before it is too late, and have a second chance. And just 1 and half month before that, the rule was abolished. How funny is that?!

This is my last chance, so I will try all my best to gather all useful information, to prepare for the unfortunate.

thanks a lot.

and wish everyone will be granted ILR soon.


P.S: Have submitted Biometric in the Mid Sep. now waiting for the unknown? and preparing for the ....................

[diggingdeep]

Hello pgmiot,

Glad to help, anytime.

I know waiting is difficult but things are moving on you have done you Biometrics so if they make decision after your have clock 14 years. There is good chance to for you to get IRL if not i think they might give you 2.5 years. Anyway on your questions

1. The first thing you can do is ask for reconsideration. Yes Judiciary review is open to you, but the chance of success need to be quantified properly with a lawyer as it is expensive process.

2. I don’t think you can use that arguments as they will argue that the announce the changes few weeks in advance that they going to abolish 14 years and they might argue they have followed all the procedures required of them by law. Plus you were a bit short of 14 year.

3. They changes are fairly new so I am not aware of any case law at the moment similar to your situation. But may be you can argue in grounds of proportionality and fairness, article 8 rights and compassionate ground.

Read more here about proportionality and fairness test http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/echr-fam-mig.pdf

If they refuse you that and reconsideration I think you can still apply under New provision (Human right article 8 private life). . Particular this point

(vi) Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.

In order to determine whether the applicant has ties (including social, cultural or family) with the country he would be returned to, factors such as language, cultural background, length of time spent in the country of origin and family friends and social network, are considered. This is not an exhaustive list.

If the applicant does not meet the requirements of the rules, there may be exceptional circumstances which would make refusal and the requirement for the applicant to leave the UK a breach of Article 8. Cumulative factors are relevant for consideration. For instance, where the applicant has family members in the UK but their family life does not provide a basis to remain, and they also have a significant private life in the UK (for example, sibling relationships or an adult child and parent relationship which does not normally qualify as family life under Article 8.

Although, under the rules family life and private life are considered separately and are not cumulative, when considering whether there are exceptional circumstances which would make removal from the UK a breach of Article 8, both family and private life should be taken into account.

Read more here http://www.freemovement.org.uk/2012/08/13/new-rules-on-long-residence/ and here http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf.

So far we don't know strictly or otherwise Home Office are going to apply/interpret these new provisions particular lacks of social, culture and family ties. But i think one task is prove somehow one fit in this new straitjacket and prepare application accordingly including all the relevant factors.

I think all things considered it will be difficult for them to argue against human right (private life) of somebody who has spent more than 14 years in UK.

[diggingdeep]

Congratulations to magga1 for your IRL and missmykid as well for get your biometrics done.

[chorc123]

I have just received a letter from UKBA via my MP. It said the case will be decided by 3/1/13 within 6 months timeframe.
Let's hope!!!

[Klow]

Is there anyone has got granted SET(O) 14 years for July application?

[Klow]

Is there anyone here applied for 14 years long residence just before the rules change in July got their ILR approved?

I can see lots of non-14 years applicants got their ILR approved, but I can't find anyone got approval that applied through 14 years rule.

[Hopeful2]

[Klow]

[Hopeful2]

[Klow]

HO sent me a letter 2 weeks ago to ask me to send them my pictures. But I did post it with my application, I wonder if they have lost it

I think tomorrow is the last day for Xmas delivery, good luck to both of us to receive early Xmas presents !