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Can you reapply for ILR after postal refusal?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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umeruzair
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Can you reapply for ILR after postal refusal?

Post by umeruzair » Sun May 06, 2012 10:08 am

I have a question with the forum and just wondering if any of the guru's there can answer, if someone has been refused on the postal application can they reapply by PEO or not. As he mentioned the driving conviction and been refused by postal application but i have seen so many people got the ILR when they went to PEO. Any suggestions please.

Thanks

nnj10
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Post by nnj10 » Sun May 06, 2012 10:45 am

Was the driving conviction not declared in the application form?
Whether it is PEO or Postal application, if you have declared any conviction in the application, the outcome should be the same.

Let moderators advise what the best next course of action should be.
Did the rejection letter give you right to appeal the decision?
Information and/or advice provided by me is of general nature and is not intended to substitute for informed professional legal or other professional advice.

umeruzair
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Post by umeruzair » Sun May 06, 2012 11:05 am

No the rejection letter did not give right to appeal this is becuase the current t1(g) has still got one year to complete and the conviction period will be finish by next year. However, I have seen many people gone to PEO and got stamped please read this,

http://www.immigrationboards.com/viewto ... ht=#638545

the case is the xerox copy so why one treated differently when gone to peo.

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Casa
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Post by Casa » Sun May 06, 2012 6:46 pm

The application at the PEO would simply be referred to a higher level as a postal application...and you'd be back to square one...another refusal.
PEO staff don't have the authority to make a decision on any application which isn't 100% straightforward. If the application failed as a postal submission, where discretion is sometimes given, it would stand no chance of being overturned at a PEO appointment.

khalidmirza
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Post by khalidmirza » Mon May 07, 2012 3:42 am

I fully agree with forum friends. PEO refers applications to higher authorities even for a small doubt. Postal application in general stands more chances of success as senior staff sitting side by side can use discretionary powers to waive off some conditions. So if postal application has been rejected, I very humbly request that you should wait till conviction period is over

umeruzair
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Post by umeruzair » Mon May 07, 2012 8:00 am

Thanks for the precious response but what i m wondering is how can the same case have been given the ilr and we have been refused. The only difference was a peo application and postal. Also when we go to peo we do not need to disclose about postal application
Will ho able to locate previous applocations

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Casa
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Post by Casa » Mon May 07, 2012 8:45 am

The PEO staff will instantly see the previous refusal as soon as they put your details into the computer system.

friend12345
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Post by friend12345 » Mon May 07, 2012 2:36 pm

umeruzair wrote:Thanks for the precious response but what i m wondering is how can the same case have been given the ilr and we have been refused. The only difference was a peo application and postal. Also when we go to peo we do not need to disclose about postal application
Will ho able to locate previous applocations
I think it depends how serious your offence was, what was your conviction? I had my ILR approved with LC 20 ( Driving on International Licence for more than a year ), and I did mention it in application.
Good things come to those who wait.

1971
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Post by 1971 » Mon May 07, 2012 3:45 pm

Hi umeruzair,

I believe you can apply via any route (postal or PEO) if you have spent whatever your convictions are and ensure you declare same on any of your future application. Not declaring it is automatic refusal. You can also write a cover letter explaining all your circumstances & that you were refused because you had an unspent conviction & have completed same. Check first to see that you have spent all convictions before your next application for ILR, if not go for another extension and apply for ILR when you meet all the requirements.

I wish you the best.

Regards,
1971.
"Whoever has the Gold makes the rules. I wear the clothes, they don't wear me."

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