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ILR Appeal Allowed but No ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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David008
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Posts: 4
Joined: Tue Dec 17, 2019 2:41 pm
China

ILR Refusal

Post by David008 » Tue Dec 17, 2019 2:52 pm

Hi Everyone,

My name is David and I had recently applied ILR because I have lived in UK for the last 10 years.

I got rejection as I had a gap of 182 days(which is more 180) and I did not provide enough evidence to show any excuses.

However, I have found new evidence I have not submitted for the last application. And feel confident to appeal about it.

Should I follow the appeal procedure after refusal? Or should I reapply?
AS reapply is simply much faster than appeal.

Does the home office will recheck everything you submitted or they would simply repeat the last decision?

Please Help!!!

Thank you very much!

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bizman
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Posts: 1100
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Location: UK
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United Kingdom

Re: ILR Refusal

Post by bizman » Tue Dec 17, 2019 3:56 pm

Because the newly found evidence was not included in your refused application it will not be considered, you can quickly re apply and send the same documents you sent for first application and point them in a cover letter to the new evidence, with that I think you will be fine.
Bizman

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CR001
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Re: ILR Refusal

Post by CR001 » Tue Dec 17, 2019 4:07 pm

What were the reasons for the absence over 180 days?

What evidence have you suddenly found?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

David008
Newly Registered
Posts: 4
Joined: Tue Dec 17, 2019 2:41 pm
China

Re: ILR Refusal

Post by David008 » Tue Dec 17, 2019 5:40 pm

bizman wrote:
Tue Dec 17, 2019 3:56 pm
Because the newly found evidence was not included in your refused application it will not be considered, you can quickly re apply and send the same documents you sent for first application and point them in a cover letter to the new evidence, with that I think you will be fine.
Thank you for your reply.

My lawyer suggested me to go though appeal process, as I could speak for myself with a statement to make my new evidence more clear in the Tribunal.

Do you think appeal process will improve the chance? Because the appeal process takes a much longer time than a reapply...

Thank you again for your reply.

David008
Newly Registered
Posts: 4
Joined: Tue Dec 17, 2019 2:41 pm
China

Re: ILR Refusal

Post by David008 » Tue Dec 17, 2019 5:45 pm

CR001 wrote:
Tue Dec 17, 2019 4:07 pm
What were the reasons for the absence over 180 days?

What evidence have you suddenly found?
Thank you for your reply.

It was a mix of study issues made by college. I got rejection before due to I provided too less evidence.
My worry is about what I should choose between Appeal or Reapply.

My lawyer suggested me to go though appeal process, as I could speak for myself with a statement to make my new evidence more clear in the Tribunal.

Do you think appeal process will improve the chance? Because the appeal process takes a much longer time than a reapply...

Thank you again for your reply.

David008
Newly Registered
Posts: 4
Joined: Tue Dec 17, 2019 2:41 pm
China

ILR Appeal Allowed but No ILR

Post by David008 » Thu Apr 09, 2020 11:07 am

Hi everyone,

Please HELP!

I submitted my ILR application 6 months ago and got a refusal. However, I appealed and first-tier Tribunal judge allowed my appeal 4 weeks ago.

BUT today I receive an email from Post Decision Casework Unit @homeoffice.gsi.gov.uk says I need to pay 1000 pounds for IHS(Immigration Health Surcharge) within 10 days. Also, only 30 months of leave-to-remain visa will be gained. But my current has already got more than 30 months left. My only reason appealed is I want to get ILR.

Is there anyone please could help me? I really dont know what is going on. And I thought I would be gained ILR after my appeal was allowed.

Best wishes to everyone,

David

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