Seeking Advice: Navigating ILR Eligibility with Covid-Induced Absences & Impending Visa Expiry

[vinny]

Regarding the pandemic exception, it may be worth collecting evidence of the Covid travel restrictions.

[Mozude]

Regarding the pandemic exception, it may be worth collecting evidence of the Covid travel restrictions.

I did precisely that. I made a chronological timeline of the restrictions imposed and uplifted of both the countries, the one I was stuck in (India) and the UK.

[laramara]

Hi Mozude,
Any update on your application?

[Mozude]

Hi,

After a roller coaster 4 months since they withdrew my application and submitting my passport which did not have a single stamp of entry/exit in the year 2024, HO did not accept these proofs and still maintained that I wasn't in the UK and claiming that I took the flight. But recently a week back, I filed a SAR with the airline. And they have clearly stated on their letterhead that I did not fly and one more technical document clearly stating no boarding, no luggage, no seat allocation took place.

Have submitted these documents a week ago, lets see what comes of it. It has been 7 months now since I submitted my application.

[laramara]

Hi Mozude,
Thanks for the update mate!
Keep up the pressure on Home Office.
Please keep us updated on your progress.
Thanks.

[Mozude]

Still waiting, Although finally HO has acknowledged the complaint and upheld it after 8 months.

I just wanted to know the process of changing my legal representative from my solicitor to myself, why does it ask for a SRA number when I want to represent myself, can anyone shed some light, please?

[Mozude]

https://drive.google.com/file/d/1JT2VLl ... sp=sharing

Hi Vinny / Zimba / Amazonian / Frontier Mole,

I filed SAR since I did not hear back from HO after they wrongly withdrew my application. I asked British Airways to do their investigation as well and furnish a document stating that I did not travel, they did so, even furnished a technical document clearly stating that I didn't board the flight HO was claiming. So clearly an error. Coming back to the SAR application, plenty of documents which are quite shocking, one of which I have attached, the MIDA system report (Border migration software) allegedly say I travelled. Apart from that Mida report had missed several flights which I actually travelled before my application.

What do you guys make of the image I shared? My case is still pending and is still being decided BUT from SAR I also found out that it was refused in 19th Sept 2024 (even though strangely HO communicated on 4ht Oct 24, that they require more docs) due to absences, it was refused by the caseworker but they termed my case exceptionally complex, this has gone to a HEO instead of a caseworker. But the thing is HO has exaggerated my absences because MIDA system has not recorded some of my inbound flights, thus portraying as if I was not in the country for longer periods when I was actually there.

Contemplating of a PAP now, its been 10 months now since I applied.

This is my timeline so far:-

13th March ‘24: ILR submitted.
12th July ‘24: Notification of application withdrawal citing erroneous departure on 8th May 2024
15th July ‘24: Contacted MP requesting intervention.
16th July ‘24: Solicitor contacted the Home Office; directed to send inquiries to public.enquiries@homeoffice.gov.uk and complaints@homeoffice.gov.uk.
31st July ‘24: Received an email from Home Office reiterating the withdrawal decision.
5th Aug ‘24: Submitted additional documentation proving continuous presence in the UK.
19th Aug ‘24: MP forwarded my evidence to the Home Office.
18th Sept ‘24: The Solicitor sent an email highlighting the prolonged delay.
23rd Sept ‘24: The Home Office stated my application was “under review.”
04th Oct ‘24: Contradictory Home Office response demanded further documentation.
09th Oct ‘24: British Airways confirmed I did not board flight BA199.
10th Oct ‘24: Submitted British Airways report and supporting documentation to the Home Office.
22nd Oct ‘24: Complaint upheld; but no further action taken.
07th Nov ‘24: Submitted a Subject Access Request (SAR) via the Information Commissioner’s Office (ICO) to determine the status of my case. No acknowledgement or response was received.
12th Dec ‘24: Submitted another SAR to the Home Office via their portal for the same purpose.
16th Dec ‘24: Received acknowledgement of the SAR from the Home Office.
27th Dec ‘24: Subject Access Request disclosure submitted by the Home Office, documents revealed multiple discrepancies, omissions, and erroneous assumptions affecting my application.

Try a SAR to find out more.

Complain and let us know what happens.

[zimba]

An update on this, after doing some digging:

I had booked a return trip from BOM - LDN (22nd September 2023), and the return LDN - BOM (8th May 2024) because it is always cheaper to book a return instead of a one way flight. This was 6 months before applying for ILR. I did not board this flight (the return leg @ 8th May 2024) as by March 2023 I had applied for my ILR, Is it because I had a return ticket they withdrew my application? Even though I did not even travel!

The other thing I wanted an opinion was the typos in the email. That raises suspicion.

If they truly have withdrawn because of a flight ticket I did not board, then this quite silly, even more so because they did not even confirm or ask me before sending such an email or withdrawing.

As you know, the UK does not have a physical border to check whether someone physically left the UK or not. The UKVI uses reported airline/carrier data which shows who left the UK. This data may not be accurate or tell them about the no shows, etc. It seems they incorrectly thought you left the UK for some reason.

I suggest to send a pre-action protocol (PAP) letter to the Home Office and ask the Home Office to reconsider its refusal decision within 14 days, citing their error as you did not leave the UK after you submitted your application.

See: https://www.gov.uk/government/publicati ... ial-review

Bear in mind that I advised you before that you may not even qualify for ILR:

I think it is unlikely but again this is my opinion as any discretion is up to the UKVI. The argument is that between February 2020 and October 2021, it was almost impossible for you to return which I think may not be accepted. I remember many did not travel because they did not want to pay for tests or to stay in hotel quarantines. I suspect that will not be an acceptable reason.

[Mozude]

they have not yet notified us of the refusal, should I send a PAP ? they're stating in the SAR disclosure that the caseworker refused and it has now gone upstairs for reconsideration as there were errors in their data and my case has been termed exceptionally complex everywhere in their communication. Did you have a look at the image? what are your thoughts?

As you know, the UK does not have a physical border to check whether someone physically left the UK or not. The UKVI uses reported airline/carrier data which shows who left the UK. This data may not be accurate or tell them about the no shows, etc. It seems they incorrectly thought you left the UK for some reason.

I suggest to send a pre-action protocol (PAP) letter to the Home Office and ask the Home Office to reconsider its refusal decision within 14 days, citing their error as you did not leave the UK after you submitted your application.

[zimba]

If the refusal is not communicated then you should not assume it. Probably a senior case worker is involved in any reconsideration. I suggest seeking clarity from them and ask them if if the case still ongoing

[Mozude]

If the refusal is not communicated then you should not assume it. Probably a senior case worker is involved in any reconsideration. I suggest seeking clarity from them and ask them if if the case still ongoing

Your Pre-Action Protocol (PAP) letter has been passed to this office for
consideration and response. Your representations have not been
considered by the Secretary of State personally, but by an official
acting on her behalf. After considering your PAP letter and attachments
the SSHD can confirm the following:
Grounds 1 and 3
i) After reviewing the decision to withdraw your settlement application
and the evidence you provided the SSHD can confirm that your
Settlement application will be reconsidered. You will receive a new
outcome on your Settlement application within 5 months of the date of
this letter, absent special circumstances.
ii) This means you should receive a new outcome on your Settlement
application by 08 June 2025 absent special circumstances.

This is what I have received after filing PAP.

[zimba]

Then it is the waiting game

[Mozude]

Still Waiting

All emails have this response:-
Please note we assess applications on a case by case basis. Sometimes service standards may vary depending on the complexity of an applicants application. Details regarding our service standards may be found within the link provided guidance on the service standards we offer: https://www.gov.uk/government/organisat ... r-services.

The application is with the appropriate team who are continuing to work on the application and aim to make a decision as soon as possible. They will write to you again if there is any change to this.

We are unable to advise on timescales, but you will be notified in writing once a decision has been made.

We continue to endeavour to meet our service standards wherever possible for Entry Clearance and In Country applications. we are currently working hard to clear all applications that are outside our normal service standards. We ask for your patience and understanding at this time.

Should you require any additional assistance or clarification don’t hesitate to contact us.