ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILE granted and withdraw

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

Locked
nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

ILE granted and withdraw

Post by nazgems » Fri Oct 24, 2014 5:56 pm

My wife was granted indefinite to leave to enter (ILE) before July 2012 when we apply for her spouse visa. Visa endorsement also have expire date 24/11/2014and I contact ukba they said I don't have to apply ILR when I renew passport should apply for NTL visa. Now we are in Sri Lanka for our holiday and my wife renew her passport and we apply for vignette transfer for her new passport on 07/10/14. ECO email my wife today ILE was given by mistake and they going rectified endorsement and send passport soon.
Visa expire date 24/11/2014 and we are abroad now. We have very short time to apply ILR once we back Uk. This happened due to ukba error and I big time frustrating now. I can have to cancel all my plan and return to UK to apply her ILR. I also eclose the email they sent me today please some1 advice me.

Ms. F F
I refer to your application dated 07/10/2014 for a vignette transfer.
You were previously granted a spouse visa on 24/08/2012 valid until 24/11/2014, and was endorsed Indefinite Leave to Enter. However, your application was considered under paragraph 281 and therefore you were not entitled to this leave for an indefinite period. If correctly considered you were entitled to a period of leave for 27 months, which expires on 24/11/2014 and the endorsement should have read "NO RECOURSE TO PUBLIC FUNDS". This has now been rectified and your passport has been endorsed with the right visa which will be despatched to you in the next few days.
You are strongly advised to regularise your stay with The Home Office before the expiry of your visa.
I very much regret any inconvenience that this may have caused.
Regards

Entry Clearance Officer
UK Visas and Immigration
Home Office

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Fri Oct 24, 2014 11:28 pm

When there was no deception, I don't think that they had the legal power to do that, even when an ILE was issued in error. Especially after it had been activated. They should have treated her as a returning resident.

Ask them under which piece of legislation they were relying on.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Sat Oct 25, 2014 1:31 am

Now we have less than 3 weeks to fly back UK and apply ILR. Some point if we didn't get ticket short period of time before expire visa trouble double. This is very frustrating and after 27 month they want revoke ILE endorsement for their own error.

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Sat Oct 25, 2014 2:08 am

This is I copied from immigration act revocation indefinite to remain on enter section 4.3

Indefinite leave should not normally be revoked where the decision maker had the information available and either previously overlooked it, could reasonably have been expected to act on it or considered it and granted anyway.
Where the decision maker had the power/authority to grant leave and did so in error and if there was no deception by the applicant, it will not normally be appropriate to revoke the indefinite leave to remain or enter.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Sat Oct 25, 2014 2:11 am

You could print their guidances for them.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILE granted and withdraw

Post by Obie » Sat Oct 25, 2014 1:19 pm

It is outrageous for them to do what they did.

I know a case where a person was issued with ILE instead of an EEA family permit.

The Home Office sought to revoke it, and it was challenged that such course is unlawful.
Smooth seas do not make skilful sailors

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Sun Oct 26, 2014 8:56 am

Please some1 advice me here right course I should take. Go back to UK and sue UKBA or just apply ILR. I can't afford loose financial losses due to error in UKBA. Please some one update such similar case who manage to sue UKBA.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Sun Oct 26, 2014 11:38 pm

vinny wrote:Ask them under which piece of legislation they were relying on.
vinny wrote:You could print their guidances for them.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Mon Oct 27, 2014 2:37 am

I already contact solicitor to sue UKBA and get compensation 1 millions pounds for fusing trouble.

Tangie
Member
Posts: 135
Joined: Wed May 21, 2014 3:45 pm
Location: Bristol. UK

Re: ILE granted and withdraw

Post by Tangie » Mon Oct 27, 2014 6:57 am

nazgems wrote:I already contact solicitor to sue UKBA and get compensation 1 millions pounds for fusing trouble.

Good luck Nazgems.
Keep us posted when you win the 1 millions pound case against home office.
Tangie

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Mon Oct 27, 2014 9:39 am

I am sure atleast I get something.

t123456789
Member
Posts: 246
Joined: Fri Oct 03, 2014 12:24 pm

Re: ILE granted and withdraw

Post by t123456789 » Mon Oct 27, 2014 9:59 am

nazgems wrote:I am sure atleast I get something.
Good luck, my guess you'll probably get an apology if you are lucky.

What they said was:
I very much regret any inconvenience that this may have caused.
and that is not an apology.

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Tue Oct 28, 2014 6:09 am

Today collected passport which endorsement no recourse public fund and expire another 3 week time 24/11/14

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Wed Oct 29, 2014 7:55 am

nazgems wrote:I very much regret any inconvenience that this may have caused.
"Inconvenience" is the word customarily used to describe the consequences for railway passengers whose train is late, whether by minutes or hours; it might be thought an utterly inadequate word with which to describe the inappropriate revocation of an ILE.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Re: ILE granted and withdraw

Post by Lucapooka » Wed Oct 29, 2014 8:10 am

I am intrigued but this discussion. Sure, I too can't find a written directive permitting this but I can't find one allowing it also.

But what about this: If someone applies for a visit visa to the UK, and the ECA (locally-hired assistant) who prints the vignette (that is what they do, amongst other duties) has a sudden and temporary brain cloud and issues a ILE by mistake, are we arguing that this entry clearance can't then be revoked; that the law allows it stand?

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Wed Oct 29, 2014 8:25 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Re: ILE granted and withdraw

Post by Lucapooka » Wed Oct 29, 2014 8:27 am

Yes, right, but in this case the person involved is now outside the UK:

Therefore if an applicant has not left the common travel area since being erroneously granted indefinite leave, any subsequent limited leave to remain will be void.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Wed Oct 29, 2014 8:58 am

Indeed. They shouldn't subsequently be given limited leave, but treated as returning residents.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Subtle
Member
Posts: 116
Joined: Wed Jan 15, 2014 3:37 pm

Re: ILE granted and withdraw

Post by Subtle » Wed Oct 29, 2014 10:10 am

Has anyone came across any situation where UKBA or The Home Office has compensated for their own mistake?

If they have, then that might open the door to others also!
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILE granted and withdraw

Post by Wanderer » Wed Oct 29, 2014 10:15 am

Subtle wrote:Has anyone came across any situation where UKBA or The Home Office has compensated for their own mistake?

If they have, then that might open the door to others also!
Think you'd have to prove actual fiscal loss and the steps you've taken to mitigate them.
An chéad stad eile Stáisiún Uí Chonghaile....

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Mon Nov 03, 2014 11:15 am

Thank you for your e-mail dated 28/10/2014 that has been forwarded onto me.

I apologise for the confusion that seems to be apparent with regards your wife’s entry clearance for the UK, and also for that fact that there was a mistake made initially in 2012.

Your wife was initially issued a settlement entry clearance from 24/08/2012 until 24/11/2014 for 27 months. These dates are printed on your wife’s entry clearance. However an additional endorsement of indefinite leave to enter the UK was included. This was clearly an administrative error.

Before the vignette transfer was made in your wife’s latest application your were contacted regarding this mistake and the intention to re-issue the vignette in your wife’s new passport until 24/11/2014. I have noted your comments that you have made in your letter of complaint regarding your family commitments in Sri Lanka and the possible restrictions in travel for your wife, however It was also noted and considered at the time that the declared date in which your wife was returning to the UK was 15/11/2014 and not February 2015 as you have now stated.

I appreciate that there was confusion caused initially that your wife’s vignette had a clear expiry date of 24/11/2014 and an indefinite leave to enter endorsement however your wife was not entitled to indefinite leave at the time and you were contacted prior to the decision being made.

The decision to transfer the conditions to the passport was referred at the time to an entry clearance manager and whilst this is not the reply you sought, we have attempted to provide clarity before making the decision and process the application quickly so that the declared return date to the UK was not compromised.

I am not persuaded at this point that an error was made now by the Entry Clearance Officer.

Kind regards,

fielddrive
Senior Member
Posts: 602
Joined: Thu Sep 27, 2012 1:03 pm

Re: ILE granted and withdraw

Post by fielddrive » Mon Nov 03, 2014 11:29 am

just thinking if its worth involving your MP and Keith Vaz?

nazgems
Newly Registered
Posts: 18
Joined: Mon Feb 13, 2012 9:51 am
Location: United Kingdom
Contact:

Re: ILE granted and withdraw

Post by nazgems » Mon Nov 24, 2014 5:09 pm

Today went PEO in Liverpool and granted ILR. Still waiting to contact MP to sue UKBA and claim my all cost.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Mon Nov 24, 2014 11:25 pm

Do let us know how you get on.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILE granted and withdraw

Post by vinny » Tue Jun 02, 2015 1:57 am

The ECO and ECM made another error.
ECB18.1 When can an ECO revoke an entry clearance? wrote:ECOs cannot revoke entry clearance that has taken effect as leave to enter (i.e. once the person has arrived in UK), or revoke, cancel or curtail that leave.
1.2 Other types of entry clearance wrote:ECOs cannot revoke entry clearance that has taken effect as leave to enter (i.e. once the person has arrived in UK), or revoke, cancel or curtail that leave.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked
cron