Post
by yasin333 » Thu Feb 27, 2014 10:09 pm
Hi Everyone
As i said yesterday i got refused for my ilr. Please find the reason below. Extract taken from refusal letter:
You made an in time application for further leave on 31 January 2007 and your leave continued under Section 3C until 16 February 2007 when your application was rejected because you had not submitted the prescribed fee and had not completed the payment details of your application form. It is noted that the Home Office letter informing you that your application was invalid, dated 16 February 2007, stated that if you wished your application to be considered you must return your application form with the correct fee payment within 28 days. You re-submitted an application on 19 March 2007, 31 days after your application was rejected, however, this was also rejected as invalid because the payment details you submitted were rejected by the issuing bank. You were advised of this in writing on 23 March 2007 and were also notified that you would be required to submit a new application for leave to remain.
On 02 April 2007 you made an out of time application for leave to remain as a student and this was rejected on 22 April 2007 because you had not submitted the appropriate application form and you had only submitted a partial fee payment.
On 08 May 2007 you made a further out of time application for further leave to remain as a student. Your representative’s covering letter, dated 02 September 2013, claims that this application was accepted as in time application referring to an erroneous note made on our internal system, that you obtained following a Subject access request in May 2013. It is noted that after submitting an application on 08 May 2007, that was 81 days out of time, you were subsequently granted a period of leave to remain as a student on 01 June 2007. This was because Immigration Rules for leave to remain in that capacity did not require that applicants have extant leave at the time of application. Further in your case, as you were granted further leave to remain in the capacity of student, it should be noted that this is a category that does not of itself lead to settlement. It should not therefore, be inferred that as leave was subsequently granted in your case that this raises an expectation that any future application on the basis of long residence would see the requirement to have spent a period of 10 years lawful continuous residence in the Uk waived.
With this in mind, you were without valid leave from 17 February until 31 May 2007, a period of approximately 104 days. As such your period of continuous lawful residence is considered to have been broken at this point.
Therefore you cannot demonstrate 10 years continuous lawful residence in the Uk and cannot meet the requirements of the Immigration Rules with reference to Paragraph 276 B(i)(a)
Quick points:
1."You made an in time application for further leave on 31 January 2007 and your leave continued under Section 3C until 16 February 2007 when your application was rejected because you had not submitted the prescribed fee and had not completed the payment details of your application form"
The application was not rejected because i did not submit the prescribed fee. The reason it was rejected was because i applied on the wrong form. That i know for SURE. My couse finished 31 January 2007, i went to college and asked them how i could stay till graduation in September. I was told to just submit a student visa app form and then write a cover letter saying i wanna stay till graduation. HO sent me back my application making clear it was not refused but was rejected and told me to apply on a Visitor's Visa to stay till Graduation. I did not do that, i got a college for a masters and got letter from them and applied on Student visa
2."It is noted that the Home Office letter informing you that your application was invalid, dated 16 February 2007, stated that if you wished your application to be considered you must return your application form with the correct fee payment within 28 days. You re-submitted an application on 19 March 2007, 31 days after your application was rejected"
There is no way i would have submitted 31 days after. Also my sar is with Solicitor, not all my apps and ack letters were in that Sar, but i know for sure i would not submitted 31 days after, and there must be a date on there that contradicts this. Ill get my Sar from my solicitor tomorrow hopefully
3. The rest of the applications in 2007, i would not know the exact circumstances but it would not matter as they were within time according to them as it is the app above that seemed to have broken the continuous residence.
4. "On 08 May 2007 you made a further out of time application for further leave to remain as a student. Your representative’s covering letter, dated 02 September 2013, claims that this application was accepted as in time application referring to an erroneous note made on our internal system, that you obtained following a Subject access request in May 2013"
On the Sar, all the applications showed as on-time but now they are saying 'erroneous note' on their system
Also:
1. As cited above my sar is with my solicitor, which i should get tomorrow, so i cant check the 31 days right now.
2. i dont have any kid, but ive been with my gf (who i married 3 years ago) for 11 years
3. I didnt keep anything from 2007, so its only whats in the sar, and the sar which i left at my solicitor did not have my whole history and some parts were blanked/redacted
4. Also i feel my solicitor has dug a hole for myself by over explaining what happened in 2007
Questions:
1.Im not happy with my solicitor, should i change solicitor for my appeal?, i aint got much time....The reason im saying this is because i only got 10 days to send the appeals form with skeleton argument and representatives name
2. It was made clear on the refusal letter ive got 'no human rights' .But i know the new discretionary leave applies to spouse where she cant go back to my country. She cant speak the langauge there, and i cant speak her language in her country(Shes from south asian country). Would that qualify as discretionary leave?
3. If i get the Sar tomorrow and i find '31 days' is wrong should i get a reconsideration side by side with appeal?
4. Also that period was very distressful for me, as my gf was getting immigrations issues and was getting deported, she got proof of that,
Please help me
