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ILR Dependent Refused
Posted: Thu Oct 04, 2012 7:22 pm
by themonsoonhunter
Hi,
My wife's ILR refused.
Timeline :
She entered in UK : 30 Jan 2010 on Tier 1 Dependent
She got extension in March 2011 on Tier 1 Dependent
I got ILR in July 2011
She then got Spouse Visa in September 2011.
And then she applied for ILR in May 2012.
We thought she spent more than 2 years as partner in the UK to apply for ILR. But it was refused, with no option to appeal.
" You have not completed 2 years as the spouse of a person present and settled in the UK in accordance with paragraphs 281 to 286. You therefore do not meet the requirements of paragraph 287a(i)."
Were we too early in applying for ILR ?
Posted: Thu Oct 04, 2012 8:15 pm
by geriatrix
No, as
mentioned before,
287(a)(i)(d) applies. She completed the 2 year qualifying residential period in Jan 2012.
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or
Therefore, the refusal is unlawful.
Posted: Thu Oct 04, 2012 8:41 pm
by themonsoonhunter
Thanks mate. In absence of appeal right, what options we have ?
Posted: Thu Oct 04, 2012 8:44 pm
by geriatrix
1. Request to reconsider.
2. Judicial review (the pre-action protocol letter should be enough to make UKBA realize their mistake).
Posted: Thu Oct 04, 2012 8:58 pm
by themonsoonhunter
Thanks sushdmehta.
Is there any link where I can get more information about process and format of letter to reconsider, and/or JLR ? Or should I call UKBA to get more information ?
Thanks a lot in advance!!
Posted: Thu Oct 04, 2012 9:25 pm
by geriatrix
Posted: Mon Oct 08, 2012 9:30 pm
by themonsoonhunter
Hi sushdmehta,
I am writing a letter to request to reconsider before taking any further step. Do I need to send all the documents again with the letter or the letter and copy of UKBA decision letter should be suffice ?
Thanks.
Posted: Mon Oct 08, 2012 11:00 pm
by geriatrix
Your covering letter along with a copy of refusal letter should be sufficient.
Posted: Tue Oct 09, 2012 1:49 pm
by themonsoonhunter
Thanks sushdmehta !
Posted: Tue Oct 09, 2012 7:03 pm
by katya_s
themonsoonhunter wrote:Thanks mate. In absence of appeal right, what options we have ?
It might also be worth contacting your MP. I was in a similar situation for my Tier 1 application - it was unlawfully refused (entirely UKBA's mistake) but as my previous leave to remain was still valid at that point I was given no right to appeal. Contacted my MP, his intervention was enough for me to get an e-mail from UKBA saying that I should resend my passport and they will "reconsider".