ILR Refused

[coolnsblue]

Hello everyone
MY ILR application under 10 years lawful stay is refused due to 2 months and 20 days gap. I'm really frustrated now because it was not even a fault from my side, except it was HO creted administration gap, what happen was in 2007,I sent an ontime application but they couldnt get application fees out of my bank card, while there were sufficiant money in the bank and bank did confirm me there wasnt any problem from the bank side. So they have sent my application form back, this happend twice. By that time my visa has expired. Third time I sent an alternative payment method, application was accepted. Because of that reason they have rejected my ILR.
HO has sent me an application form to appeal. what shall I do now? I never consulted a lawyer before, I just cant makeup my mind to waste money on something It was not even my fault. Does anyone know a good reasonable lawyer? what will be the next procedure? how much it will cost and how long it will take???
many thanx

[Obie]

Sorry to hear about this.

I believe you have a reasonable chance of winning this case, because the out of time application which resulted in the break in your residence was not of your making. Have you got confirmation from the bank to confirm that there were funds in your account and the time when the Secretary of state said otherwise, or that they could not access it.

I take it you currently have no leave to remain which is why you have been given a right of appeal. I will advice you to send the appeal forms through straightaway. If you need assistance filling it, let us know.

You could get a Public Access barrister, rather than going through a Solicitor, which will work out cheaper. I believe there is not much work involved in your case, so you will only pay them to appear in court on your behalf.

If you are unemployed, or have limited means, you could qualify for legal aid, depending on the availability of firms in you local area.

[coolnsblue]

Thank u so much.
Unfortunately I didnt ask a confirmation letter that time from the bank, I asked the bank verbally. But I found my old bank statements, so I can prove there were sufficiant funds that time, would that be enough?
well let me mention the whole scenario to have an idea again:
In 2007 when i sent my visa renewaal application form, They couldnt take money from my bank card details provided. So They said since I have not paid specified fees they will not be able to consider my application, therefor they are returning my application asking to pay within 28 days, So I sent back my application with the same bank card details within 1 week.
second time they couldnt take my money either, since they took longer than 28 days,(even though I sent my application within 7 days) they decided to send my application back mentioning they treating my application has being withdrawn. Also mentioning If I still like to go ahead with the application I have to send them a fresh application form, So I did that ASAP with different method of payment(Bankers draft) That time payment went through, They considered my application I got my visa subsequently.
So that was the whole story happened. Do you think It is an easy case?
Yes I will send my appeal soon, but there are parts I cannot fill my self.
They have also mentioning additional grounds they considered such as, Im belong to my home country more, because I spent 5 months there last time, and Im with my current employer for 3 months, etc etc....(which is not even relevent)
Please let me know how do i find a public access barrister? No I couldnt get hold of anyone from legal aid in my area as they are too busy, i only have 10 days to do this.

[coolnsblue]

Funniest thing is they have even mis typed my home country name, to a completely different country, that I will be removed to that country, instead of my home country(I'm not really in a state to think this as a funny thing now though)
Im pretty sure even the problem im facing now because of their mistake in first place. While I entered correct bank card details, there were sufficient funds and there wasnt a fault from bank side. So only thing I could think was It must have been their administrative error. Now I have to go through all the unnecessary troubles, this is really stressful for me and Im depressed by thinking I have to pay from my time and money because of H/O mistakes.

[Casa]

Unfortunately, the UKBA admin staff frequently input incorrect bank card numbers into the system...resulting in a rejection. Good luck with your fight. Obie's given you good advice.