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On what grounds did he apply and what did the rejection letter exactly state? Because it sounds like he applied under the ten years legal residence route, which would be inappropriate. In that case, it wouldn't be that they didn't think he was in the country the last ten consecutive years. It would be that they didn't think he was in the country legally for the last ten consecutive years, which, from your description of the situation, seems to be the case.Don-Dadda wrote:Can somebody please help.
I was wondering if anyone could please give me some advice.
My Brother has been here since 1975 when he entered from Chile with my Mother when he was one years old, my parents were granted indefinate leave soon after and they just assumed at the time that he would also be granted leave to remain as a minor.
Many years on this whole situation was stupidly overlooked, and last year he applied for ILR via form Set O, however he received a reply yesterday stating that he has been refused indefinite leave to remain and has only been granted a residence card until 2017.
He has been here all of his life, went to school here but the SEC OF State belives that he has not been here continuously for the past ten years, which is very strange as and did not have a passport to ever leave. He only got a Chilean passport back in 2012 and has never left the country and at the bottom of the letter it states that he CANNOT appeal?
I am so very worried about what to do next.
Please please could you advise me in any way possible, or perhaps give me a name of somebody great that could advise?
I have been through a few immigration solicitors that have not helped at all and have charged a large rate.
Thanking you in advance for any advice.
Kind regards
Loreta
Don-Dadda wrote:Hi thanks for the reply.
As his case is very unusual in that he has been here all of his life, he wrote to UKBA to find out the best possible route to apply.
They wrote back with a standard reply to fill in form set O.
I have attached the letter which he received from them.
He went to secondary school here and got an A and B GCSE in English but his results were lost over the years, so were not provided.
Although some old school papers were included to show he attended.
Would greatly welcome anybody's input.
Thank you
Hi ObieObie wrote:I believe he has a case for the Secretary Of State to grant him ILR outside the rule due to the injustice caused to him over the decades.
Within the rules, things don't seem to straightforward.
On what basis were the parents granted ILR, and did they make an application for him aswell?
Why did they not inform the HO that the son is part of the family unit and that he should have been granted ILR also?
Hi AmberAmber wrote:I'm not sure any injustice has been done if the parents didn't apply for his settlement or registration as British.
On a lighter note, leave under FLR(FP) seems very likely, just get proof showing how long you've been here, school registration etc...
Hi ObieObie wrote:This was a family of refugees. Certainly the Secretary of State is required to issue refugee status to the whole of the refugee and his dependent. It appear that leave was initially issued.
I believe ILR outside the rules is the right course, and there is a compelling case for this.
It was not that the child was not part of the application, he was. He appeared the Secretary of State, did nothing with the child's application when a further leave application was made.
It follows that up to the time of this new application, the child had a Section 3(C) right as his application was outstanding before the Secretary of State, and therefore he has acquired ILR under 10 year lawful residence.
Get you brother to do KOLL test, and an English language test, so as to boost his case.
It is odd that after living here for 35 years, the Secretary of State could threat him like this.
What has he been doing over this 35 years\?