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ILR LR refused

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ILR LR refused

Post by drew3017 » Thu Dec 12, 2019 7:47 pm

Hi I have been in this forum for many years and I have not posted a lot! However I have a query.I will appreciate any help we can get.

Time line
This is an application made by my wife a days ago for ILR (LR) with the super priority service!

Application date- 9/12/2019 at 8 am
- We got an email at 4 pm asking for my wife to scan all the pages of her passport
- got a generic email on the 10/12/2019 stating - we are happy to let you know that a decision has been made ( not that the ILR has been granted).
- today we got a refusal letter based on issues on continuous residence

Immigration history summary
- entered uk23/1/2010 With Tier 4 ( visa from 30/12/2009-31/5/2011
-Applied for post study visa on 4/4/2011 (granted 27/5/2011-27/5/2013
- 20/5/2013 - applied for LTR under the 10 year family/ private life route- this was returned due to photo being incorrect on the 29/5/2013
- Application was done again on 4/6/2013 which was refused on on the 27/6/2013 based on the fact that visa application should have been from your
- my wife left the country after we had made travel arrangements on the 25/7/2019 and applied for Visa and applied on the 26/7/2013.
- she came back to the uk on the. 1/9/2013 as a Tier 4 dependant on a Visa from 7/8/2013- 30/1/2014
- applied for Tier 4 dependant partner visa on the 17/1/2014 and this was granted 7/2/2014-30/1/2015
- 29/1/2015 applied for leave to remain as partner of Tier 4 dependant and was granted from 18/3/2015– 19/2/2016
- 7/9/2015- applied for tie 2 dependant partner given from 18/9/2015-30/8/2017
- 27/7/2017 applied for spouse of settled person granted from 14:9/2017- 11/4/2020
-applied Online for ILR 5/12/2019
- gave biometrics on the 9/12/2019
Refused on the 10/12/2019 with no right to appeal or review

The issue is that the first time the visa was stated to have been refused in 2013, it was not refused but returned based on the photograph not being correct and not processed at all. Also the application was done within the 28 days stipulated by the law at the time.

I have a few requests;
- has anyone been in this situation before and what actions did you take?
- is there any process for regress as there is no room for appeal or review
- does anyone have details of a good lawyer we can contact that is not so expensive.

Thanks for your anticipated help

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Re: ILR LR refused

Post by CR001 » Thu Dec 12, 2019 7:57 pm

If you have the refusal letter, can you post the wording excluding personal details??

The refusal is correct on two issues.

She hasn't reached 10 years qualifying period yet as her residence for ILR LR starts from the date she entered the UK, 23 January 2020 minus 28 days in her case. It is not counted from initial visa issue date.

She also left the UK in 2013 quite some time after her visa expired, so her continuity of residence is broken for ILR LR, clearly explained in the long residence guidance.

Note also that an application rejected as invalid is as if it has never been made. Her second application in 2013 would have had to be successful for any overstay to be ignored. So she was an overstayed between the expiry date of her PSW visa and leaving the UK in July 2013, which disqualifies her from ILR LR as the mandatory requirement is to have 10 years if lawful residence.
- does anyone have details of a good lawyer we can contact that is not so expensive.
Members are not permitted to post names and details of lawyers in the forum.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: ILR LR refused

Post by Zimba » Fri Dec 13, 2019 1:12 am

I had to explain this several time over several threads just this week. The SET(LR) is based on 10 years of lawful residence in the UK. Most of these refusals are due to poor grasp of what lawful residence as well as the treatment of overstaying periods and invalid applications under the rules. It seems most believe if they simply been here for 10 years, they they can get ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice