ILR Refusal - Confused

Hi All,

I am a 20 year old female who applied with my family for ILR on April 1st. I have recieved a refusal letter and do not understand the grounds on which they processed my application.

I am a dependent on my father's work visa. We have lived in the UK for nearly 8 years (since august 2003) and we submitted all our applications together. My sister recieved a 3 year extension, both my parents recieved ILR however I have been refused ILR and have been given right of appeal which I will do.

My questions are:

On the refusal letter it states that I submitted my application on compassionate grounds outside of immigration rules. I do not understand what this means. I submitted my application as a dependent on my father's work visa. Are applications dealt with differently when submitted in these catogories?

They state that they have refused my application on the consideration of article 8. They have written in the refusal letter that the interference with my private/family life can be justified by the need to maintain effective national immigration policy. However, I have read article 8 and am I right in thinking that by them separating me from my family they are in violation of my right of a family life (Human Rights Act 1998)?

I have also realised that they have written stuff into my my refusal letter that is completely irrelevant to my case. They have made referrences like "your client" when I did not have representative put through my application. They have referred to my private life in Pakistan when I come from South Africa. And the letter refers to the state having "right to control the entry of non-nationals" when my application is for Indefinate Leave to Remain in and not "entry" into the UK.

Do all of these things make a strong case for an appeal?

We will be seeking professional help from immigration solicitors but this waiting period is provoking a lot of anxiety...

Sorry for the long post and thank you for your input.

Bianca

Template of refusal letter are provided by UKBA to case workers and these are available in Immigration Directorate Instructions and other guide lines.
In these templates certain blanks are to be filled by case workers.

It appears that case worker has made two mistakes. He has used earlier refusal of further leave to remain(FLR) of someone instead using template of ILR refusal and secondly he has failed to make necessary amendments even in that.

You have a strong case in appeal provided you are living with parents and dependent upon them .Are you working or in studies? If working than how long?

If you ask UKBA for reconsideration there are chances they would grant you FLR. But pursuing appeal would be better option.

Your sister has been given FLR whether she is over 18 ?
What are her circumstance?

I am living in a shared house with my partner (24 year old male) who co-owns the house with his mate (26 year old male) and my sister is also living here, we are two couple in the house. I have been living with my partner since July 2010. At the time of application I was working as a social care worker part-time (from which I earned too little to live on although they argue that I "have a degree of indepentence" and can therefore sustain myself in my home country... this is most definately not the case) however since the submition of the application I have changed employer (after recieving permission from the UKBA) and now work as a production operator full time. My new employer has been in contact with the UKBA about my refusal and has been advised that she cannot do anything but submit a letter in support of my continual stay for their employment to be submitted with my appeal.

My sister is 25 years old. She has been in work full time for many years. She is also in studies at the moment. She is an independent adult.

As already mentioned the grounds for refusal have been confused with another case or instance.
However for ILR, it is important for the' dependant' NOT to lead an independent life. For this very reason you may be refused ILR and be given FLR as your sister has got. It does appear from your description that you very much lead an independent life!

gidoc wrote:As already mentioned the grounds for refusal have been confused with another case or instance.
However for ILR, it is important for the' dependant' NOT to lead an independent life. For this very reason you may be refused ILR and be given FLR as your sister has got. It does appear from your description that you very much lead an independent life!

If a dependent 18+ goes into an employment but continues to live with the main applicant, would this be considered as independent life? I fall in this category...

If a dependent 18+ goes into an employment but continues to live with the main applicant, would this be considered as independent life?

That is the crux of the matter? That is, are you still a dependant? Or are you financially independent, albeit you are still living in your parent's house?

Can I ask, how much do you earn? And what is the financial situation between yourself and your parents? They still give you money? Or you pay them for "board and lodging"?

John wrote:

If a dependent 18+ goes into an employment but continues to live with the main applicant, would this be considered as independent life?

That is the crux of the matter? That is, are you still a dependant? Or are you financially independent, albeit you are still living in your parent's house?

Can I ask, how much do you earn? And what is the financial situation between yourself and your parents? They still give you money? Or you pay them for "board and lodging"?

I earn about 800GBps per month and we share same accomodation..I hold a joint account with my parents and the expenses are shared. I did have the letter from main applicant that i am still dependent on her.

I earn about 800GBps per month and we share same accomodation..I hold a joint account with my parents and the expenses are shared. I did have the letter from main applicant that i am still dependent on her.

You will have to prove that youre still dependant, bank transactions etc, it sounds that you are still part dependant but it could swing the other way as well. The letter from main applicant is the easy bit, you need this reflected in your bank statements, thats what the case worker will scrutinise.

gidoc wrote:As already mentioned the grounds for refusal have been confused with another case or instance.
However for ILR, it is important for the' dependant' NOT to lead an independent life. For this very reason you may be refused ILR and be given FLR as your sister has got. It does appear from your description that you very much lead an independent life!

Do I then have a strong case to argue that I should have been given FLR as my sister was granted seeing that I may be living away from my parents home but am not financially independent?

I do not pay house bills or board, at the time of application I was not even paying my own car insurance and was earning on average 85GBP/Month (however, as I was paid weekly and these payments were not consistent in the amounts. Sometimes I £50 in a week and sometimes I would earn £2.80. This was reflected in my pay slips which I submitted with my application.)

That in my opinion does not qualify me to be able to live independently i.e. pay rent, utility bills, car insurance, petrol, food bills etc.

See also independent life.