ILR Rejected at PEO, passport not returned

We had applied for ILR at the Sheffield PEO on 24th March and the caseworker informed that the application was being rejected due to a gap in the visa. However they retained the passport and informed that it would be sent with a letter informing about the reasons for rejection. It’s been 2 weeks now and we have not yet heard back from the UKBA. On contacting the UKBA contact centre, they informed that the timescale for an application is up to 14 weeks so we should only contact them once that period is over. However my husband needs to fly abroad in relation to his job (which was the main reason for applying at a PEO and not by post) and he needs the passport back.

When we called the UKBA contact number today they informed that if we are asking for the documents back that essentially means that we are withdrawing the application. This is getting confusing because as far as we understand the decision has already been made so it is a matter of just getting our documents back. There are a couple of questions that I need answered:

1. Is there still a decision pending after we have been informed that the application has been rejected?

2. Has anyone been through such a situation where the passports were held back after a PEO application?

Any help or advice would be appreciated....

If the application had been refused on the day of the appointment, you would have been issued a refusal letter and the passport(s) would have been returned to you. Unless one is an immigration offender against whom a case of removal / deportation can be initiated, I don't believe the caseworker cannot refuse your application but retain your passport(s).

Did the caseworker issue you a letter to state that your application has been refused?

If not, IMHO, the caseworker deferred the decision on your application - perhaps for the reason(s) you state - for need further assessment by senior caseworker / decision maker. In such case, your application is now as good as a postal application and is likely to follow similar timeline as a postal application.

hi sushdmehta

Thanks for your prompt response.

The caseworker has not issued any letter or infact any kind of documentation at all stating refusal of the application. It was verbally communicated to us that the application was being rejected.

Do you suppose there is still a chance of the decision being reversed? Has there ever been such a case (was unable to find anything similar on the forum)?
Should we or should we not pursue the return of the documents and just wait for them to come back?

I cannot think of a plausible reason as to why a caseworker will not issue a refusal letter and not return your passport(s), if he had made a firm and final decision to refuse your settlement application on the date of appointment.

When an application is refused, a refusal letter is to be issued. Communicating a decision verbally doesn't mean anything.

Whether or not you wish to request return of passport(s) is your choice, but do note that if your application is undecided on the day you formally request return of passports, the application may be considered as withdrawn.

Thanks....

In that case will wait and watch. Hope for a positive response.....

Will keep the forum posted either ways....

what sort of gap was it for the case worker refusing your application? would really be helpful to know so maybe if it is similar case to mine then i can save my application fee!

i had similar experience,,, caseworker told me she is going to rufuse my visa (tier 1 extension) coz of 90days maintainance funds. But she kept all my docuemnts with her and said it will be dealt with refusal team.

She gave me letter on the day stating, further checks required, i asked her if she is refusing me then why letter says further checks, replied its just general format letter issued.

3 days later all my documents returned with Visa stamped.