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Past Immigration History effect on future ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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regularuser
Member
Posts: 224
Joined: Wed Apr 08, 2015 9:47 am
India

Past Immigration History effect on future ILR

Post by regularuser » Sat May 20, 2017 11:34 am

Hello Everyone,

I have a query from one of my friend who needs your kind suggestion.

History:
Came as a student Jan 2008 until Jan 2010
Applied Student extension Dec 2009, In mid his application came back as invalid - HO comment photographs are too small and also advised in letter that correct the photographs and send it back on mention address but also mentioned that application date will be the new date which is mid Jan 2010 ( means out of time application)

Unfortunately his college was dropped from the list while he was waiting for HO decision so, He send letter to HO about the situation and asked permission to get admission in other college no reply from HO. March 2010 his application go refused as his college was not on the list and also no right of appeal - out of time application. He seen 10 solicitors and they all advised get a new college and make new application but as per new rules no college gave admission as he don't have leave and passport. After all this he send PAP to HO through solicitor. No reply from HO for 6 months, finally he found a college who is ready to give an admission because his PAP is pending. He send new application with new college and got rejected as out of time application. After 8 months of battle finally HO reconsidered his Tier 4 application and he got visa until March 2012.

He finished his study at new college and he applied for Tier 1 Ent in March 2012 for 200k category. while waiting for outcome of his application in mid july 2012 Ho enforcement team visited his house in early hours. They asked about some one who lived before and also asked about his immigration status. He showed acknowledgement letter for his Tier 1 Ent application. They checked this details with their colleagues in HO. After 1 hour of wait and question answer they said your application was refused in May 2012 because you used deception in your application and also you miss the deadline for appeal as well so they detained him and his wife and take them to the detention center. He asked to contact his solicitor and also mentioned he never received refusal letter and they said you can not contact anyone now once we get to detention center they will provide a copy of refusal. At detention center they gave him refusal letter which he never received , he asked that can you confirm if you send this letter so who received ? They don't have any record or answer for this question after discussion with higher officer, IO took that letter from him and came back after half an hour and gave new decision with current date without right of appeal.

After 2 days he managed to contact his solicitor and advised to do next process. His solicitor also in shocked as how HO can make decision on the sport. After the long battle with HO he finally got bailed after 1 month. His solicitor lodged an appeal in court and was accepted by judge. He got outright decision as HO solicitor didn't provide and proof of deception.

He got his Tier 1 Ent for 3 yeas and also he successfully extended his visa aswell.

Now he got 2 question Either go for 10 years LR or 3+2 Tier 1 ?

Look forward to your inputs in above matter

Thanks

eoo10
Member
Posts: 118
Joined: Wed Apr 12, 2017 11:38 am

Re: Past Immigration History effect on future ILR

Post by eoo10 » Sun May 21, 2017 6:34 am

regularuser wrote:Hello Everyone,

I have a query from one of my friend who needs your kind suggestion.

History:
Came as a student Jan 2008 until Jan 2010
Applied Student extension Dec 2009, In mid his application came back as invalid - HO comment photographs are too small and also advised in letter that correct the photographs and send it back on mention address but also mentioned that application date will be the new date which is mid Jan 2010 ( means out of time application)

Unfortunately his college was dropped from the list while he was waiting for HO decision so, He send letter to HO about the situation and asked permission to get admission in other college no reply from HO. March 2010 his application go refused as his college was not on the list and also no right of appeal - out of time application. He seen 10 solicitors and they all advised get a new college and make new application but as per new rules no college gave admission as he don't have leave and passport. After all this he send PAP to HO through solicitor. No reply from HO for 6 months, finally he found a college who is ready to give an admission because his PAP is pending. He send new application with new college and got rejected as out of time application. After 8 months of battle finally HO reconsidered his Tier 4 application and he got visa until March 2012.

He finished his study at new college and he applied for Tier 1 Ent in March 2012 for 200k category. while waiting for outcome of his application in mid july 2012 Ho enforcement team visited his house in early hours. They asked about some one who lived before and also asked about his immigration status. He showed acknowledgement letter for his Tier 1 Ent application. They checked this details with their colleagues in HO. After 1 hour of wait and question answer they said your application was refused in May 2012 because you used deception in your application and also you miss the deadline for appeal as well so they detained him and his wife and take them to the detention center. He asked to contact his solicitor and also mentioned he never received refusal letter and they said you can not contact anyone now once we get to detention center they will provide a copy of refusal. At detention center they gave him refusal letter which he never received , he asked that can you confirm if you send this letter so who received ? They don't have any record or answer for this question after discussion with higher officer, IO took that letter from him and came back after half an hour and gave new decision with current date without right of appeal.

After 2 days he managed to contact his solicitor and advised to do next process. His solicitor also in shocked as how HO can make decision on the sport. After the long battle with HO he finally got bailed after 1 month. His solicitor lodged an appeal in court and was accepted by judge. He got outright decision as HO solicitor didn't provide and proof of deception.

He got his Tier 1 Ent for 3 yeas and also he successfully extended his visa aswell.

Now he got 2 question Either go for 10 years LR or 3+2 Tier 1 ?

Look forward to your inputs in above matter

Thanks

Hi Regularuser,

In my opinion I think you are better off with you entrepreneurs visa as I personally don't see any continuity in you long residence.

regularuser
Member
Posts: 224
Joined: Wed Apr 08, 2015 9:47 am
India

Re: Past Immigration History effect on future ILR

Post by regularuser » Mon May 22, 2017 9:29 am

Thanks for your reply eoo10,

By the way its not my case, I am asking for my friend, Yes LR situation is bit difficult as advised by some solicitor but some said once you get your visa your leave is now regularize.

Main issue is which he can not find from any solicitors about his detention which is unlawful.

is anyone shed light on this issue ?

regularuser
Member
Posts: 224
Joined: Wed Apr 08, 2015 9:47 am
India

Re: Past Immigration History effect on future ILR

Post by regularuser » Tue May 23, 2017 11:22 am

Any thoughts from Gurus or Moderators ?

regularuser
Member
Posts: 224
Joined: Wed Apr 08, 2015 9:47 am
India

Re: Past Immigration History effect on future ILR

Post by regularuser » Sat Aug 05, 2017 11:36 am

Hello everyone

Friend of mine went to solicitors firm and they advised him you can go for LR or 3+2 route. They don't see any problem from their point of view,

BUT he found something mysterious from his SAR that when he applied for his Tier 1 Ent Initial the bank statement he submitted with application, HO thinks it was forged but that was not true they were original and he won the case in court and got his 3 years visa and also after that successfully extended for 2 years.

Can anyone please shade light for above situation as he is getting worried when reads other cases on ILR.
Thanks

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