ILR Application Payment Refunded

I am extremely impressed with some of the advice that has been given and hope that you will be able to assist me.


Dear All


I came to the UK in Aug 1995 as a vistor and change to a student visa soon after .
And been on a student visa since

1.In dec 2004 home office denyed my student visa renewal which I appeal
2 While waiting for the appeal I cross the 10 years period for ILR.
3 So in Aug 2005 I made an application for ILR
4 Got the letter from the home office saying we have your application and it can take up to 6 weeks etc..... for ILR ...
5 1 Month later got another from the HO letter saying that your application does not attract a charge and they refunded me .
6 Its over 1 year now and I am still waiting my application to be process

I have written 3 letters since and had no replies and phone calls to the home office results in the HO agent says its awaiting to be looked by a case worker

My mother is a British passport holder living in the UK
My girl friend which i have been living with over 5 years is also British passport holder

She has been waiting for us to get married since 2004 I had promise her after my application was processed in 2005 .



What do I do

Please do comment and advise on the above.

Anyone you know been through something simlar ?

This waiting makes me so depress ...
I have no job and my life seems to be in limbo awaiting the home office to process my application

Unfortunately, there is nothing unusual that it is taking so long to process your application under LRC. There are no set deadlines for the IND to process such applications.
It might take another year or longer. You might wish to seek update and chase things up.
To find out what stage your application at, ask for a copy of your file from Subject Access Bureau. Refer to IND website for instructions. Once you have received your file, you will see all stages of application process minuted in it so you will be able to determine whether someone is dealing with it at the moment or it is sitting in holds, and if yes in which one. You will also see which department is assigned to it. You will then be able to contact that department to chase them.

Thanks Jeff for the reply

You said
"
Unfortunately, there is nothing unusual that it is taking so long to process your application under LRC. There are no set deadlines for the IND to process such applications. "

I was reading about the 6 month rule

1.9 Six-month rule
Community law requires us to decide applications for a residence card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.

Taken from http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

and

http://www.immigrationboards.com/viewtopic.php?t=10244

does the 6-month limit that EU legislation apply to ILR applications based on 10 years stay

Aloevera2, no it does not. It applies only to applications being made under EEA/EU legislation.
_________________
John

Jeff does this not affect me ?


What does LRC mean ? ( sorry i am new to all these terms )


Cheers

You are not applying for a resident card, aren't you?
You are being a foreign national asking this Goverment to grant you ILR on the basis of your long residence. They will certainly consider your request but it will be in their own time but I am sure they will endeavour to do it as soon as they reasonably can.
If you wish that is considered quicker you need to put a separate request. Contact them or ask your MP to write to them on your behalf.

All the best

Jeff

Thanks for your help I have sent a request to Subject Access Bureau today.

Lets wait and see after this I may try writing my MP
.

Subject Access Bureau have replied they say 40 days to process the request.


I also wrote my MP she have written to the Home office , I await her update.

Hi Aloevera2,

Could you please let us know of the outcome of your inquiries. I am having the same problem and I will contact my MP asap to chase things up.
I would appreciate it if you would update the thread with your experience.

Thanks you

tammi

Mp wrote to the HO start of Oct..... not had a reply from the mp since


tammi how long have u been waiting for a reply and
tell us about your case

Thanks Aloevera2

My case is slightly different to yours.

Here is my thread http://www.immigrationboards.com/viewtopic.php?t=10447

the wait time is very stressful

I my self is not been in work for some time and just lookout for the post every day

Its hard to get a job without your passport

There is honestly no reason why a application should take this long

its just 2 much to bear

Got a reply from my MP

She forwarded a letter from the home office a Mr Liam Byrne -


Thank you for your letter on xxx date on behalf of xxxx of xxxx address enquiring about the progress of the case.

I am able to confirm that xxx has made an application to the home office to remain in the UK on the basis of long residency.I am not able to give you a precise date when this application will be addresed.but the IND will look to reslove the matter as soon as circumstances permit.

I aplogies for the IND delay in dealing with xxx application .Unfortunatley more complex cases and those made by over stayers and Illegal entrants are not straightforward and may take longer to decide


Regards
LIAM BYRNE MP

the xxx means i have remove my name and address


--------
I am not a overstayer or a illegal entrant

What do I do

Some please help

I'm not sure that there is anything more that you can do, at the moment.

I don't think that Liam Byrne's letter is accusing you of being an overstayer or an illegal entrant. It says "Unfortunately more complex cases and those made by overstayers and illegal entrants are not straightforward...".

It is simply listing three categories of case that are not straightforward, and that therefore take longer to consider. It has the hallmarks of a standard "catch-all" sentence that they probably put in every letter responding to a complaint about the length of time they're taking. Try not to read too much into it...

I called the home office to today


The operator says its waiting to be allocated to a case worker which suggest to me no one has even look at it yet .

Its the same as it was 3 months ago , 6 months ago 9 months ago - 1 year and 4 months now

Jeff Albright your input is most welcome also

ppron747 wrote:
I don't think that Liam Byrne's letter is accusing you of being an overstayer or an illegal entrant. It says "Unfortunately more complex cases and those made by overstayers and illegal entrants are not straightforward...".

...

I sent all passports which shows all stamps , all the data is there really .

By the way if your awaiting an appeal hearing from a refused student visa what status are you

Aloevera2 wrote:....I sent all passports which shows all stamps , all the data is there really....

Yes - but, as your phone call today indicates, they haven't looked at them, except for just long enough to form a view that it is "complex"...

...By the way if your awaiting an appeal hearing from a refused student visa what status are you...

Others will know this better than I, but I believe that if the visa application was submitted in time, and the appeal was lodged in time, you continue to be here "with permission" - ie you're neither an illegal entrant nor an overstayer.

Aloevera2 wrote:1.In dec 2004 home office denyed my student visa renewal which I appeal

1. On what grounds was the refusal?
2. On what grounds was your appeal?
3. Has the appeal been heard?
4. If yes to 3 what was the outcome?

Kayalami wrote:

Aloevera2 wrote:1.In dec 2004 home office denyed my student visa renewal which I appeal

Thanks for your reply

1. On what grounds was the refusal?
refused student visa as they thought it was not full time... when it was and stated so on my university letter

also it said it was not a UK based degree ( it was an usa based post grad course )

They gave me extentions for the same unversity for 5 years before as did my under grads there also

at the time of my renewal my results was not out for that period (so they said no progress was shown ) i showed my last results and explain i was waiting for my new set ( it was during christmas i send in my student renewal visa form )

2. On what grounds was your appeal?
A lawyer did it for me explaning each 1 of the reasons listed above was not a valid reason to refuse my application

3. Has the appeal been heard?
no withdraw in dec 2005 as i had 10 years of legal stay in aug 2005 and made a pr application
( lawyer advise this )

1. There is not enough detail in terms of course programme, content, detail of results submitted and duration to when the second set of results was submitted for me to deduce the merit of the appeal. On paper though it seems that it would have had a chance of success.

2. Again without site of the paperwork difficult to comment conclusively but if he/she addressed the above points with reference to the immigration rules and substantive documentation to prove such then it is likely there was a chance for success.

3. This comment concerns me in the extreme and makes me question your lawyer. I'll try and explain why. The residence clock counter for immigration purposes automatically stops when there is a refusal because you then have no leave. The clock re-sets subject to relevant criteria when any appeal is ruled in your favour and leave is technically re-instated.

(i) E.g. you are at year 9 when apply for a student visa extension of say 2 years and it is an in time application (i.e. within the validity of your current visa). As it is in time Sec 3C of the 1971 Immigration Act as amended applies and the conditions of your previouse stay are deemed to continue until a decision is made on your case i.e. you do not become an overstayer. However Sec 3C is not a grant of leave.

(ii) The application is refused at time 9 years and 1 month - clock stops.

(iii) You appeal within the given timeline for doing such to the appellate authorities.

(iv) The appeal takes 1 year to be listed and the judge rules in your favour.

(v) This waiting time of 1 is added to your previous timeline so you are now at time 10 years and 1 month.

(vi) You can then apply for ILR under the 10 year rule.

IMHO by withdrawing your appeal you effectively lost your chance to continue the clock had the appeal been successful. Upon withdrawing the appeal you no longer have any basis of remaining in the UK. Your leave to remain ended the day your extension application was refused and your chance to regain it seems to be now lost. It seems that your lawyer has taken the position that Sec 3C applies to making an application when an appeal is pending. It is my view that this is not the case since Sec 3C only applies when the applicant has extant (existing) leave which was not the case here. If this is the case you are effectively an overstayer and the ILR application will fall for refusal. You will not have a right of appeal other than on restricted grounds.

Also puzzling is that the Home Office have sent back the fees - what are the grounds for this? This indicates some type of discretionary application or one based on specific articles of the european convention e.g. art 3. Have you actually seen copies of what your lawyer submitted? Is there any correspondence from the Home Office or the Immigration Tribunals acknowledging the withdrawal of the appeal? Something doesn't seem right.

Sorry might not be the news you want to hear but its just my opinion..your lawyer may know something I don't but ask him/her to explain the rationale for the withdrawal. Are you still studying?

good luck

Kayalami wrote:1. There is not enough detail in terms of course programme, content, detail of results submitted and duration to when the second set of results was submitted for me to deduce the merit of the appeal. On paper though it seems that it would have had a chance of success.


2. Again without site of the paperwork difficult to comment conclusively but if he/she addressed the above points with reference to the immigration rules and substantive documentation to prove such then it is likely there was a chance for success.

Thanks looking at the points I belive I had a good chance to win my appeal also

Kayalami wrote:
3. This comment concerns me in the extreme and makes me question your lawyer. I'll try and explain why. The residence clock counter for immigration purposes automatically stops when there is a refusal because you then have no leave.

Are you sure of this as i belive waiting for an appeal still means u are here legally and the clock is ticking (as what paul said above )

Kayalami wrote:

(i) E.g. you are at year 9 when apply for a student visa extension of say 2 years and it is an in time application (i.e. within the validity of your current visa). As it is in time Sec 3C of the 1971 Immigration Act as amended applies and the conditions of your previouse stay are deemed to continue until a decision is made on your case i.e. you do not become an overstayer. However Sec 3C is not a grant of leave.

I only applied for 9 moths from 31 st dec 2004 to sept 2005

Kayalami wrote:
IMHO by withdrawing your appeal you effectively lost your chance to continue the clock had the appeal been successful. Upon withdrawing the appeal you no longer have any basis of remaining in the UK. Your leave to remain ended the day your extension application was refused and your chance to regain it seems to be now lost. It seems that your lawyer has taken the position that Sec 3C applies to making an application when an appeal is pending. It is my view that this is not the case since Sec 3C only applies when the applicant has extant (existing) leave which was not the case here. If this is the case you are effectively an overstayer and the ILR application will fall for refusal. You will not have a right of appeal other than on restricted grounds.

Any any moderators (in the know people comment on this )

Kayalami wrote:

Also puzzling is that the Home Office have sent back the fees - what are the grounds for this?

The said your application does not attract a fee and your money has been refunded

Kayalami wrote:
This indicates some type of discretionary application or one based on specific articles of the european convention e.g. art 3. Have you actually seen copies of what your lawyer submitted?

Yes any thing you would like me to look for , i have both the irl application and appeal letter ?

Kayalami wrote:
Is there any correspondence from the Home Office or the Immigration Tribunals acknowledging the withdrawal of the appeal? Something doesn't seem right.

I should have this will check as she made me fax over a request to cancel the appeal

I am not studying any more my course has since been completed and I passed.

The lawyer details I got from the OSIC web site

my mother holds a bristih passport and it was sent with my application as she supported me during my studies.

If they wish to refuse me then its best they do it asap instead of keeping me waiting so long its to stressfull .

Aloevera2 wrote:Thanks looking at the points I belive I had a good chance to win my appeal also

Notwithstanding this since the appeal is withdrawn any merit is now moot.

Aloevera2 wrote:Are you sure of this as i belive waiting for an appeal still means u are here legally and the clock is ticking (as what paul said above )

Read the rest of my post which explains further the clock counter mechanism for residence purposes and in particular the resetting of such pursuant to a successful appeal. This doesn't apply to you since your appeal was withdrawn.

Aloevera2 wrote:I only applied for 9 moths from 31 st dec 2004 to sept 2005

My comments would apply to any period...the figures I use are for illustrative purposes/ as an example.

Aloevera2 wrote:Yes any thing you would like me to look for , i have both the irl application and appeal letter ?

What form is it - should be SET (O). Does the form contain references to any articles of the Human Rights Act. I am not sure what you mean by appeal letter - is this the letter you sent to withdraw?

Aloevera2 wrote:I should have this will check as she made me fax over a request to cancel the appeal

So your 'appointed representative' told you to carry out an action that entirely prejudiced your immigration position...have you asked yourself why she did not write the letter.....is this the kind of person one would trust to look after an immigration matter? This is unprofessional and unethical.

Aloevera2 wrote:I am not studying any more my course has since been completed and I passed.

What course were studying? My view is that you will need to look into a Work Permit as a minimum going foward. Such depends on your qualifications and/or skills.

Aloevera2 wrote:The lawyer details I got from the OSIC web site

Membership of such is not necessarily a sign of competence but means that minimum standards should be met and there would be a redress mechanism for any complaints.

Aloevera2 wrote:my mother holds a bristih passport and it was sent with my application as she supported me during my studies.

Is she a British Citizen and if so how did she acquire it? I ask since there are various categories of British Nationality each with their respective passports. Why did you not acquire British Citizenship if your mother holds such?

Aloevera2 wrote:If they wish to refuse me then its best they do it asap instead of keeping me waiting so long its to stressfull .

It is not unusual for applications that are not straightforward to take several years before resolution - look in the family forum and see people who have had their applications at the Home Office for anything up to 4 years. It appears that your file has not even been assigned to a caseworker. With Romania and Bulgaria acceding to the EU in 6 weeks time the Home Office resources will be further stretched with the 'worker registration' type regime to control their flows. If you wish to resolve your status sooner/ want to influence it then you need to look at other visa options - such would have to be in a category leading to settlement e.g. work permit. You would have to go back to your country of nationality to apply for the relevant visa. In the meantime I suggest you discuss the same with your lawyer.

Sorry this may not be what you want to hear.

Kayalami You asked

What form is it - should be SET (O). Does the form contain references to any articles of the Human Rights Act. I am not sure what you mean by appeal letter - is this the letter you sent to withdraw?

Answer

It was SET(O) form
Part of the letter says

On Aug 5 2005 our client reach 10 years of lawfull residency in the UK and we submit on his behalf that he meets the requirements to be granted indefinite leave to remain on the grounds of long residency under paragraph 276B of the immgration rules


Please note that our client is not in breach of the immgration rules and that has been legally residing in th UK in addtional we submit that our client whilst waiting for a notice of hearing in connection to his appeal , has been remaining legally and has has not been required to leave the UK


Kayalami You asked

Is she a British Citizen and if so how did she acquire it? I ask since there are various categories of British Nationality each with their respective passports. Why did you not acquire British Citizenship if your mother holds such?

Answer
She is married to a british national .I came here just after turning 18 ( few weeks after ) and she was told she could not apply for me as a dependant and did not seek legal advice on this


My Mp says if she can be of further assitance to let her know..
NOt sure what are my options now to speed up the progress

I have since gotton back my SAB request

One of the screen print shows
Long term residency Void inappropriate application

Home office system is called CID APPEAL


There are some hand written notes saying " Applicant withdrawn the appeal . No outstanding application .Ltr expired 30/11/04 "



UPDATE ON MY LIFE

My fiancée who is a british passport holder is pregant , I have been living with her over 3 years and intend to get married

This is a very difficult time for my fiancée and I and we keen to get this matter resolved as possible. If there is a chance that my application is refused I may need to leave the UK to reapply from overseas, and I would prefer that this was done sooner rather than later, as I would not want to leave my fiancée during the later stages of her pregnancy.

Please guys HELP

What do i do now ?

Finally
I got my passport back

It was a long over due

Any one in the same issue

Please follow this route

1 over 6 months after an application
Contact your MP
OVER 1 year
Contact your MP again
Request a SAB
Write a letter of complaint

And you will find its resloved faster

I did all the above only after 1 year and 3 months of waiting for a reply

Its over now and I got my PR

Oh my other half and I got married we got my passport back 1 week before the wedding