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Help re ILR refusal and appeal please

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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sos786
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Help re ILR refusal and appeal please

Post by sos786 » Sun Nov 10, 2013 5:11 pm

Dear All,
Pls advice me I applied through a solicitor for my 10 year ILR but as the HO file on me wasn't requested before applying it got refused due to illegal stay in UK
This was something i was unaware of as it was due to domestic violence i have fled the matrimonial home and my X has written to them to advice there is no dependency!
Now I have been given a court date to appear in person but i am not sure what information is required my solicitor has not advised me of anything yet and i feel left on the lurch
pls advice me
1. why would they want a court hearing when sufficient info was sent through with an appeal letter i.e info of domestic abuse , police reports , medical records, etc. ? Does this mean there might be other evidence neither me nor my solicitor is aware of and the HO hasn't informed us or is it normal procedure ?
2. my solicitor advised i need reference letters and will call my friends to as witness - is this normal
3 what happens if this gets refused ?
4. how long do i have to re-appeal

Thank you


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Amber
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Post by Amber » Sun Nov 10, 2013 5:13 pm

You need to clarify exactly what you mean.

When did your relationship end? During what period is the UKVI saying you were an overstayer? Please state an immigration timeline of your status and the dates.
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sos786
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Post by sos786 » Sun Nov 10, 2013 5:23 pm

thanks for getting back to me

there is supposedly a short period of time in which i was not aware the visa status wasn't valid as i thought i was still married to him and i was ...legally - it took me 6 moths to swap visas

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Post by Amber » Sun Nov 10, 2013 5:49 pm

Again you need to clarify when, have they note told you what period? Ask to see proof - the letter they supposedly sent.
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Post by Amber » Sun Nov 10, 2013 6:19 pm

sos786 PM wrote:They sent a letter in August 2013

the apparent curtailment is on 19th March 2009

re-entered the UK lawfully on 7th September 2009 and has remained in the UK lawfully until applying for ILR
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Post by Amber » Sun Nov 10, 2013 6:20 pm

If they only sent notice in August and you re-entered in September then it can be argued that you did not exceed the 28 days allowance as an overstayer and thus should be granted ILR. What does your solicitor say?
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sos786
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Post by sos786 » Sun Nov 10, 2013 6:25 pm

ILR Application was refused and letter of refusal in august 2013

it is more than 28 days as it was from 19/03/2009 to 09/2009 ?

Thank you

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Post by Amber » Sun Nov 10, 2013 6:27 pm

Sorry I thought they sent you a letter in August re your leave. So, you had no idea your leave had been curtailed, did you leave the country to get away from your husband? Did you suffer domestic abuse?
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Post by greenapple369 » Sun Nov 10, 2013 6:32 pm

What exactly was the reason mentioned in your refusal letter?
Was it because 'continuous legal stay been broken' , 'out of time application over 28 days'?

Has your previous spouse or dependant visa been curtailed according to the SAR file? How was that case recorded?

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Post by sos786 » Wed Nov 13, 2013 8:43 pm

Hello

1. No idea of curtailment - Have a court date - what happens if they refuse it at court do I have to Leave the country ? and do I get a grace period to prepare as I'm settled here (still have the mortgage in my name, dont pat it as i don't live there )
2. illegal stay - they wrote to the house which i fled from and expected me to respond to it ?!
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Post by sos786 » Wed Nov 13, 2013 8:44 pm

Oh one last question - can they call my x to court ? I really dont think I can face him ...

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Post by greenapple369 » Wed Nov 13, 2013 9:17 pm

sos786 wrote:Oh one last question - can they call my x to court ? I really dont think I can face him ...
I think it helps if you upload your refusal letter (hide all the personal info of course), then seniors like Amber might be able to give you some more detailed advice.

The reason for refuse you described was really not very clear.

Anyway, good luck.

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