Success against HO’s Refusal

jozou wrote: ↑

Thu Sep 27, 2018 8:07 am

Hi all,

I attended Premium Service yesterday and Croydon for SET (LR).

My case was very straightforward: I was first 2 years as student, 2 years PSW, 3.5 years T1 General, then 2.5 yrs EEA family member.

I have no gap in my visas and provided all mine and my husband’s P60, P45, bills etc. And made a very detailed list of the days I was absent from the U.K.

The only problem I had was the case work said they could not determine how many days I was out of the U.K. since I become EEA family member as the border control did not stamp my passport. Though I provided flight tickets, the case worker and his manager said they need to do their own checks to just ensure the dates are right. The manager said it will take 1-2 weeks.

So I received a letter saying my application is valid but more documents needed. My question is: anybody has been in the same shoes and how long it really took?

I just felt so disappointed as I prepared all my documents impeccably and they still could not make the decision on the day. The case work said there’s nothing wrong with what I prepared, really just their precaution as my absence days is very close to the limit)

Now with my case in HO’s hands without anyway to track/get an update, I feel so desperate... can anyone share your experience please?

Zak29 wrote: ↑

Thu Sep 27, 2018 11:21 am

Hi

I am in a similar situation like you but i am yet to make my application. I have traveled to Europe a lot in the last 10 years and there are no entry stamps when i landed in Europe.
Which of your stamp was missing is it entry to Europe or UK border stamp missing?

Zak29 wrote: ↑

Thu Sep 27, 2018 11:21 am

jozou wrote: ↑

Thu Sep 27, 2018 8:07 am

Hi all,

I attended Premium Service yesterday and Croydon for SET (LR).

My case was very straightforward: I was first 2 years as student, 2 years PSW, 3.5 years T1 General, then 2.5 yrs EEA family member.

I have no gap in my visas and provided all mine and my husband’s P60, P45, bills etc. And made a very detailed list of the days I was absent from the U.K.

The only problem I had was the case work said they could not determine how many days I was out of the U.K. since I become EEA family member as the border control did not stamp my passport. Though I provided flight tickets, the case worker and his manager said they need to do their own checks to just ensure the dates are right. The manager said it will take 1-2 weeks.

So I received a letter saying my application is valid but more documents needed. My question is: anybody has been in the same shoes and how long it really took?

I just felt so disappointed as I prepared all my documents impeccably and they still could not make the decision on the day. The case work said there’s nothing wrong with what I prepared, really just their precaution as my absence days is very close to the limit)

Now with my case in HO’s hands without anyway to track/get an update, I feel so desperate... can anyone share your experience please?

Hi

I am in a similar situation like you but i am yet to make my application. I have traveled to Europe a lot in the last 10 years and there are no entry stamps when i landed in Europe.
Which of your stamp was missing is it entry to Europe or UK border stamp missing?

jozou wrote: ↑

Thu Sep 27, 2018 8:07 am

Hi all,

I attended Premium Service yesterday and Croydon for SET (LR).

My case was very straightforward: I was first 2 years as student, 2 years PSW, 3.5 years T1 General, then 2.5 yrs EEA family member.

I have no gap in my visas and provided all mine and my husband’s P60, P45, bills etc. And made a very detailed list of the days I was absent from the U.K.

The only problem I had was the case work said they could not determine how many days I was out of the U.K. since I become EEA family member as the border control did not stamp my passport. Though I provided flight tickets, the case worker and his manager said they need to do their own checks to just ensure the dates are right. The manager said it will take 1-2 weeks.

So I received a letter saying my application is valid but more documents needed. My question is: anybody has been in the same shoes and how long it really took?

I just felt so disappointed as I prepared all my documents impeccably and they still could not make the decision on the day. The case work said there’s nothing wrong with what I prepared, really just their precaution as my absence days is very close to the limit)

Now with my case in HO’s hands without anyway to track/get an update, I feel so desperate... can anyone share your experience please?

rangers wrote: ↑

Fri Sep 28, 2018 4:02 pm

Hi jozou,
So sorry to hear that they have hold you. other than that,how was the interview?i have mine a croydon in few weeks time.if you share your experience and any suggestion wold help me.thanks
regards
rangers

rangers wrote: ↑

Fri Sep 28, 2018 4:02 pm

Hi jozou,
So sorry to hear that they have hold you. other than that,how was the interview?i have mine a croydon in few weeks time.if you share your experience and any suggestion wold help me.thanks
regards
rangers

jozou wrote: ↑

Sat Sep 29, 2018 11:57 am

rangers wrote: ↑

Fri Sep 28, 2018 4:02 pm

Hi jozou,
So sorry to hear that they have hold you. other than that,how was the interview?i have mine a croydon in few weeks time.if you share your experience and any suggestion wold help me.thanks
regards
rangers

Hi Rangers,

You arrive 10-15 minutes before the appointment and go through security. Then report to reception where they check ur payment receipt, passport(S) and your application form, then they give u a number, u just go to the cafe and wait for your number to be called. Someone will check your passport(S) and enter your info, put all your documents in a folder (note: you need to separate original and copies in two piles), then you will go to do biological enrolment, till then it goes very smooth and fast. Then they will tell you to wait - for at least 2 hours. You can leave the building but come back in 1.5-2hrs and check status of your application on screen.

If it all goes well, they will return your documents and tell you that they approve ur application and you should get your BRC in 10 working days. In my case, I was called to a different counter than everyone else and had a “chat” with the caseworker. If they ask you for explanation or slash they cannot make the decision on the day, I recommend you to be persistent: ask why and whether anything you can do to facilitate the process, get your answers before you get out of door as afterwards you will be in complete darkness. Hope this helps, all the best.

jozou wrote: ↑

Fri Sep 28, 2018 12:20 pm

Zak29 wrote: ↑

Thu Sep 27, 2018 11:21 am

jozou wrote: ↑

Thu Sep 27, 2018 8:07 am

Hi all,

I attended Premium Service yesterday and Croydon for SET (LR).

My case was very straightforward: I was first 2 years as student, 2 years PSW, 3.5 years T1 General, then 2.5 yrs EEA family member.

I have no gap in my visas and provided all mine and my husband’s P60, P45, bills etc. And made a very detailed list of the days I was absent from the U.K.

The only problem I had was the case work said they could not determine how many days I was out of the U.K. since I become EEA family member as the border control did not stamp my passport. Though I provided flight tickets, the case worker and his manager said they need to do their own checks to just ensure the dates are right. The manager said it will take 1-2 weeks.

So I received a letter saying my application is valid but more documents needed. My question is: anybody has been in the same shoes and how long it really took?

I just felt so disappointed as I prepared all my documents impeccably and they still could not make the decision on the day. The case work said there’s nothing wrong with what I prepared, really just their precaution as my absence days is very close to the limit)

Now with my case in HO’s hands without anyway to track/get an update, I feel so desperate... can anyone share your experience please?

Hi

I am in a similar situation like you but i am yet to make my application. I have traveled to Europe a lot in the last 10 years and there are no entry stamps when i landed in Europe.
Which of your stamp was missing is it entry to Europe or UK border stamp missing?

My advice: if you are only missing one of the stamps (eg. You got stamped when u return to U.K. but no stamp when u enter EU), then just make sure you show the travel tickets. The number of my absent days is 538, very close to the limit. If you are far from the number, I don’t really think they worry too much. But in any case, be prepared.

jozou wrote: ↑

Sat Oct 27, 2018 3:14 pm

Thanks admin for merging the topics but my latest question is very different to my original one. Not sure whether people will see it after the merge. Is it possible to separate them?

jozou wrote: ↑

Mon Dec 10, 2018 12:49 pm

I have received a letter from HO which confirmed that they have reconsidered my application and over-turned their refusal. It was 1.5 months since I received the refusal letter and I thought it would be good to share with you my experience.

The refusal was based on: exceeding 540 days. My own calculation was 538, but the HO has requested API data and concluded my days to be 560.

The refusal letter was given with a chance to appeal. I immediately contacted a immigration solicitor for advice. She was super helpful and based on her suggestion, I did the below:

1. Write to the caseworker to ask for a reconsideration based on 1) the accuracy of API data 2) questioning the admin procedure - the caseworker did not contact me to ask for explaination or further supporting documents when there’s conflict of information.
2. Write an official email complain to HO siting the above reasons.
3. Lodged an appeal with the above reasons.
4. Gathering evidence for the extra 20 days (hospital admission/discharge letters, death certificate). Note: as these were posted from other countries and needed translation, I exceeded the 10 working day limit. If you are in similar situation, do it in stages - explain to HO and Court to request for extension in submitting evidence.

The Court was extremely fast in lodging the case and contacting me for evidence. They accepted my request for extension.

My letters to Casework was unanswered (but does not mean it was unread, I still think they helped). The HO replied to my complaint and sent my case to a Senior Caseworker to reconsider. I submitted all the evidence replying to that email and posted all the original and translated it evidence to the HO and Court. After 1.5 weeks sending the email/letter, I received an email from HO to withdraw my refusal and issue the ILR.

I then need to contact Tribunal Court to withdraw my Appeal (via email) and the HO is not proceeding my ILR to be posted to me in 2 days.

Though getting the refusal at the first place was not great. I was positively suprised by the efficiency and humanity both HO and Tribunal Court shown during the process. I do think if you have real reasons and put them rightly to the right people, you will get it at the end.

Hope this encourages other who are in similar situation and good luck to everyone!