14 Year Continuous Residence ILR Application

[lola56uk]

[color=darkblue]
Hello All.

First of all , lets me thank everyone for sharing their stories. Its has being a motivation from a "HOPE" point of view.

So let me share my Story.

I have been in the UK since 1985 ( aged 7). I applied for ILR initially in 2001 but it was declined in 2003 because the forms had changed when the HO decided to look at the application.

I submitted a new application in 2003 but it was declined in 2005 based on info provided by my uncle which stated I had left the country when he was extending his Visa. This was a great oversight from the UKBA has they had sufficient proof showing that I was still in the country. I was served with removal papers which were scrapped after appealing and provided evidence showing that Uncle was bitter from divorce from aunty.

Summary
• Detained December 2007 - January 2008.
• With help from MP whilst detained ; I submitted in January 2008 - An Application for ILR on compassionate grounds outside the immigration rules. As of 2012 - Still Awaiting a response.

I have now employed a very good legal representative , who have worked on some very high profile case including reversing the conviction which saw rapper Snoop Dogg bared from the country. (Expensive but worth every penny). They suggested I submit a new application to add pressure to UKBA covering 14 year till November 2007 before I was detained and before the death of the 14 year rule.

If i may use this forum to ensure that any one planning to submit an application to UKBA : Should ensure that their Application is Fully Vetted and Organised to the Highest standard.

Nb : Please note that i summarized my case in a nutshell. I had a drink drive conviction in 2004 but was told this will be disregarded because its more than 5 years old and there was no custodial sentence , it will be disregarded under some rehabilitation rule which I am not too sure of.

Below is an outline of latest UKBA application

• Application with Payment by card posted - 07/07/ 2012
• Confirmation received - 16/07/12
• Sent Life in the UK test , in addition a new payment by cheque with covering letter from bank stating new card was issued as old card had expired - 08/08/12
• Cheque for £991 cashed - 31/08/2012

I will keep you updated on progress . I[size=18] have been reading in different post the right to a private life rule , can some please shed some light on this process. [/size]
[/color][size=12][/size]

[diggingdeep]

Hi, diggingdeep :

I have read almost all your post, I am sorry for the situation you are in at the moment, but I believe you have a greater chance to be granted ILR.

I have also noticed that you are very caring and very knowledgeable in many things, Just wondering if you know the answers to my questions , they are as follow.

I have a question here, for people who are applying ILR according ro 14 years rule,

1. do we have the right to appeal or ask UKBA to reconsider, if unfortunately being refused or rejected?

2. what is the difference between Appeal and Reconsider?

thanks

all the best to all of us here

Hello pgmiot,

Thanks.

Appeal is the process of requesting formal change to an official decision. You can appeal/challenged the decision to higher authority tribunal in this case on the ground of the decision was not applied correctly according to the rules existing at the time, failed to consider evidence that you have provided or incorrect factual finding. In essence you asking the the case to be fully review considering all facts.

Reconsideration on the other hand you are asking the same people or senior caseworker in the same department to review the decision because they might have missed key facts or they were wrong on interpretation and application of the law. In both cases you need to point out clearly where do you think they have got it wrong. They are not compelled to review the decision when you asked for reconsideration by law but they generally do, while if you appeal they are compelled and must review all relevant facts.

Another alternatively to go for Judiciary review where court proceeding judge reviews the lawfulness of a decision or action made. It is a challenge to the way in which a decision has been made and if law has been correctly applied and the right procedures have been followed. Recently example of this is HSMP case where Home office changes the rules and then try to apply them retrospectively. The home office lost the case at Judiciary Review stage.

Immigration decisions attracting right of appeal are defined under section 82(1) of the Nationality and asylum act 2002.

A decision to remove a person from UK under Immigration and asylum act 1999 attracts right of appeal. However a decision to simply refuse to grant to a person who has already overstayed their previous leave does not attract right of appeal to the tribunal.

Therefore whether one is able are able to appeal negative decision from Home office will depend on whether they simply refuse you or refuse and make decision to remove a person.

So Home office they can simply refuse a person and therefore denied right of appeal. But refusal can still be challenged by Judiciary Review.

That is my understanding, other contributions/opinions are welcomed.

[diggingdeep]

Hello All.

First of all , lets me thank everyone for sharing their stories. Its has being a motivation from a "HOPE" point of view.

So let me share my Story.

I have been in the UK since 1985 ( aged 7). I applied for ILR initially in 2001 but it was declined in 2003 because the forms had changed when the HO decided to look at the application.

I submitted a new application in 2003 but it was declined in 2005 based on info provided by my uncle which stated I had left the country when he was extending his Visa. This was a great oversight from the UKBA has they had sufficient proof showing that I was still in the country. I was served with removal papers which were scrapped after appealing and provided evidence showing that Uncle was bitter from divorce from aunty.

Summary
• Detained December 2007 - January 2008.
• With help from MP whilst detained ; I submitted in January 2008 - An Application for ILR on compassionate grounds outside the immigration rules. As of 2012 - Still Awaiting a response.

I have now employed a very good legal representative , who have worked on some very high profile case including reversing the conviction which saw rapper Snoop Dogg bared from the country. (Expensive but worth every penny). They suggested I submit a new application to add pressure to UKBA covering 14 year till November 2007 before I was detained and before the death of the 14 year rule.

If i may use this forum to ensure that any one planning to submit an application to UKBA : Should ensure that their Application is Fully Vetted and Organised to the Highest standard.

Nb : Please note that i summarized my case in a nutshell. I had a drink drive conviction in 2004 but was told this will be disregarded because its more than 5 years old and there was no custodial sentence , it will be disregarded under some rehabilitation rule which I am not too sure of.

Below is an outline of latest UKBA application

• Application with Payment by card posted - 07/07/ 2012
• Confirmation received - 16/07/12
• Sent Life in the UK test , in addition a new payment by cheque with covering letter from bank stating new card was issued as old card had expired - 08/08/12
• Cheque for £991 cashed - 31/08/2012

I will keep you updated on progress . I have been reading in different post the right to a private life rule , can some please shed some light on this process.

So you have already have 2 application if read you post correctly one you submitted on January 2008 on compassionate ground and another on 07/07/2012 both for IRL. Is that right? and you want to submit another one? You have been in UK for 27 years is that correctly? Apart from what you mentioned do you have any other serious criminal convictions?

Is not necessary to submit third application for the same thing. One application is enough you energy should have been directed on choosing competent lawyer and put pressure on Home office plus familiarize yourself with immigration rules.

If a child has been in UK for 10 years they were provision for them to apply for IRL.

On new provision you can through 20 years rule. Read the info about private life below

But i think the best course of action for you is to chase your application already submitted.

You should use your local MP to contact home office on your behalf, writing to Ombudsman complaining about delays for your application and your lawyer writing to home office threaten Judiciary Review if they they continue with delays the first application it has been 4 years.

You can read more here about private and family life. http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf or below

PRIVATE LIFE
58.
The Immigration Rules will provide a basis on which a person without family life can remain in the UK through long residence and social integration in the UK
59.
Under the new rules, at least 20 years’ continuous residence in the UK, lawfully or unlawfully, will generally be required before a person can apply to start a 10 year route to settlement in the UK on the basis of the Article 8 right to respect for private life. Anything less than 20 years’ continuous residence will generally be insufficient to establish private life to the extent that it would be unlawful to remove the person from the UK. The criminality thresholds set out in the section below will apply.
60.
The Immigration Rules will provide that, for leave to remain on the basis of private life in the UK, the applicant must:
-
have resided continuously in the UK for at least 20 years (discounting any period of imprisonment, in this and other cases); or
-
be under the age of 18 years and have resided continuously in the UK for at least seven years; or
-
be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK; or
-
be aged 18 years or above, have resided continuously in the UK for less than 20 years but have no social, cultural or family ties with their country of origin.
61.

[lola56uk]

Yes that s true – I have been in the UK for many many years now. Over 20 years .
I do not have any serious conviction apart for one in 2005 where i was sentenced to 30 hours community work for disturbacnce of peace ( Young and Partied hard )
I have submitted a new application as detailed above for the 14 year continuous residence before deadline and it is currently been processed.
I will speak with my legal representative to add pressure on the UKBA by contacting the Ombudsman regarding my Prior Application (The first one submitted in 2008 application for ILR on compassionate grounds outside the immigration rules.) As it now exceeds 4 years plus since I have submitted the application.
I will also tell them to also look into procedures regarding Judiciary Review against the Home office. (what procedure does this include ? i.e. Judiciary Review )
Thank you for your assistance on this.

[diggingdeep]

It is almost impossible to with status on compassionate ground alone.

But is seems to me if the first application was submitted properly through article 8 ground including length of your stay in UK, you age when you came here, the strength of your connection with UK, compassionate ground and if you have no serious criminal records your should have got it by now.

You should discuss all these issue with your Legal representatives. He/she obvious have more knowledge about immigration matter and the facts regarding your case than anybody on this boards.

[AT-LONG-LAST]

HI ALL

Just thought i should post my timeline

SET O VIA SOLICITOR 14 YEAR RULE
Application sent 19/03/2012
Biometrics invitation dated 10/05/2012
Biometrics letter recieved 21/05/2012
Biometrics enrolled 22/o5/2012
BRP DATED 06/09/2012
BRP AND ALL DOCUMENTS RECIEVED 10/09/2012

Goodluck to everyone still waiting,just pray to GOD and have faith
_________________
GOD BE WITH US ALL

[diggingdeep]

Many congratulations AT-LONG-LAST.

[AT-LONG-LAST]

Many congratulations AT-LONG-LAST.

Thanks Diggingdeep, it was a long and stressful wait, it took exactly 25 weeks.

[NOG]

@AT-LONG-LAST, many congratulations.

[zagoo2000]

@AT-LONG-LAST, many congratulations.

Congratulations AT-LONG-LAST.

I sent my 14 year ILR application on the 7th July 2012. I have only received acknowledgement. UKBA promises to complete 99% of cases within 90 days. I have got just about 3 weeks and few days left.

-should i be worried?
-are all the ILR 14 year applications being processed via Biometrics?

[chorc123]

@AT-LONG-LAST, many congratulations.

Congratulations AT-LONG-LAST.

I sent my 14 year ILR application on the 7th July 2012. I have only received acknowledgement. UKBA promises to complete 99% of cases within 90 days. I have got just about 3 weeks and few days left.

-should i be worried?
-are all the ILR 14 year applications being processed via Biometrics?

yes, everybody will be called for biometrics enrolment under new law.
When did you hear the UKBA will complete 99% cases within 90 days?

[zagoo2000]

Thanks chorc123, sorry i meant 95%. I said it on the basis of this link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

applied: 07/07/2012
acknowledgement: 19/07/2012

i wonder, how long will it take to receive the biometric invitation?
also, are these invitation letters sent to your home address or to your solicitors?
are these invitation letters sent with deadlines?

[Greenie]

Thanks chorc123, sorry i meant 95%. I said it on the basis of this link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

applied: 07/07/2012
acknowledgement: 19/07/2012

i wonder, how long will it take to receive the biometric invitation?
also, are these invitation letters sent to your home address or to your solicitors?
are these invitation letters sent with deadlines?

The service standards you are referring to relate to applications for visas. (ie out of country applications, they do not apply for in country applications.

The service standard for in country postal applications for settlement is for 90% of applications to be decided within 6 months.

http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/

[zagoo2000]

Thanks chorc123, sorry i meant 95%. I said it on the basis of this link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

applied: 07/07/2012
acknowledgement: 19/07/2012

i wonder, how long will it take to receive the biometric invitation?
also, are these invitation letters sent to your home address or to your solicitors?
are these invitation letters sent with deadlines?

The service standards you are referring to relate to applications for visas. (ie out of country applications, they do not apply for in country applications.

Thanks Greenie, i guess you are right. i have just read my acknowledgement letter. just to clear i will just add here what it says on it 'Please note that our published service standard is that we aim to complete 99% of applications within 6 months. All applications are considered in application date order unless there are any compelling or compassionate reasons to prioritise.'

still worried about biometric though

[AT-LONG-LAST]

@AT-LONG-LAST, many congratulations.

Thanks NOG, long wait though 25 weeks. Yours was only 18 weeks if i remember well

[chorc123]

Thanks chorc123, sorry i meant 95%. I said it on the basis of this link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

applied: 07/07/2012
acknowledgement: 19/07/2012

i wonder, how long will it take to receive the biometric invitation?
also, are these invitation letters sent to your home address or to your solicitors?
are these invitation letters sent with deadlines?

Hi,
Application sent by recorded post on 4th July, Acknowledgement letter on 9th July, Biometrics done on 29th August. Still waiting.

[AT-LONG-LAST]

@AT-LONG-LAST, many congratulations.

Congratulations AT-LONG-LAST.

I sent my 14 year ILR application on the 7th July 2012. I have only received acknowledgement. UKBA promises to complete 99% of cases within 90 days. I have got just about 3 weeks and few days left.

-should i be worried?
-are all the ILR 14 year applications being processed via Biometrics?

yes, everybody will be called for biometrics enrolment under new law.
When did you hear the UKBA will complete 99% cases within 90 days?

Choc123 you will have to provide your biometrics at some point. It is a requirement for all applications done from the 29th of February 2012 i believe

[chorc123]

@AT-LONG-LAST, many congratulations.

Congratulations AT-LONG-LAST.

I sent my 14 year ILR application on the 7th July 2012. I have only received acknowledgement. UKBA promises to complete 99% of cases within 90 days. I have got just about 3 weeks and few days left.

-should i be worried?
-are all the ILR 14 year applications being processed via Biometrics?

yes, everybody will be called for biometrics enrolment under new law.
When did you hear the UKBA will complete 99% cases within 90 days?

Choc123 you will have to provide your biometrics at some point. It is a requirement for all applications done from the 29th of February 2012 i believe

Yes, just did it on the end of August.

[zagoo2000]

Thanks chorc123, sorry i meant 95%. I said it on the basis of this link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

applied: 07/07/2012
acknowledgement: 19/07/2012

i wonder, how long will it take to receive the biometric invitation?
also, are these invitation letters sent to your home address or to your solicitors?
are these invitation letters sent with deadlines?

Hi,
Application sent by recorded post on 4th July, Acknowledgement letter on 9th July, Biometrics done on 29th August. Still waiting.

hey chorc123, when did you receive the invitation? or was it sent to your solicitor? or its sent to both? what is the process?

i'm a bit worried because i haven't received it yet

[chorc123]

hey chorc123, when did you receive the invitation? or was it sent to your solicitor? or its sent to both? what is the process?

i'm a bit worried because i haven't received it yet [/quote]

Hi,
The invitation letter was received on 28th August which was sent it to me and rep.

[missmykid]

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

[diggingdeep]

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?id=QA41

[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