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ILR Refused!
Posted: Wed Dec 12, 2012 2:21 pm
by upsetguy
Hi,
My wife applied for ILR 6 months ago and was refused based on the fact that the Home office said they received a letter from me saying that our relationship had broken down, I sent back a reply to the letter saying I did not send this letter and never received a response from the home office. I stated this with evidence that I had sent the letter to them stating that I never sent the letter of breakdown of our relationship when applying for ILR through my solicitor but they refused to believe this and refused the ILR! they have instead give another 2 years extension,the letter stats that we cannot appeal ?
Re: ILR Refused!
Posted: Mon Dec 17, 2012 7:12 pm
by Spidery_thread
upsetguy wrote:Hi,
My wife applied for ILR 6 months ago and was refused based on the fact that the Home office said they received a letter from me saying that our relationship had broken down, I sent back a reply to the letter saying I did not send this letter and never received a response from the home office. I stated this with evidence that I had sent the letter to them stating that I never sent the letter of breakdown of our relationship when applying for ILR through my solicitor but they refused to believe this and refused the ILR! they have instead give another 2 years extension,the letter stats that we cannot appeal ?
Thats the tricky bit when refuses one type of visa and issues you with another, you do not get right of appeal.
You should write to HO ask them to provide you with the proof, what correspondence was received from (so called) you about termination of the relation?
As this seems like some one whose knows you and your wife very well have exploited the situation.
If the decision is made less than three months ago, you should also file a Judicial Review Letter to UKBA JR Unit in Croydon.
I hope this may remedy the situation.
Re: ILR Refused!
Posted: Tue Dec 18, 2012 4:14 pm
by sh1981
upsetguy wrote:Hi,
My wife applied for ILR 6 months ago and was refused based on the fact that the Home office said they received a letter from me saying that our relationship had broken down, I sent back a reply to the letter saying I did not send this letter and never received a response from the home office. I stated this with evidence that I had sent the letter to them stating that I never sent the letter of breakdown of our relationship when applying for ILR through my solicitor but they refused to believe this and refused the ILR! they have instead give another 2 years extension,the letter stats that we cannot appeal ?
You cannot appeal but they've given you FLR. So you can apply again with SET(M).
Posted: Tue Dec 18, 2012 4:42 pm
by innocentdevil
you need to ask them for the letter which they alleged you sent whenever it happened.
Posted: Wed Dec 19, 2012 7:46 am
by sh1981
They are not obliged to provide it.
innocentdevil wrote:you need to ask them for the letter which they alleged you sent whenever it happened.
Posted: Wed Dec 19, 2012 8:37 am
by [iD]
sh1981 wrote:They are not obliged to provide it.
Yes they are. if nothing then under Data Protection Act.
Posted: Wed Dec 19, 2012 8:47 am
by sh1981
No point, even if they are they gave FLR so he has chance to apply again using SET(M). Thats my opinion.
[iD] wrote:sh1981 wrote:They are not obliged to provide it.
Yes they are. if nothing then under Data Protection Act.
Posted: Wed Dec 19, 2012 11:15 pm
by [iD]
sh1981 wrote:No point, even if they are they gave FLR so he has chance to apply again using SET(M). Thats my opinion.
This is entirely different from not being obliged to provide him with the letter. (:
Posted: Thu Dec 20, 2012 1:35 am
by sh1981
[iD] wrote:sh1981 wrote:No point, even if they are they gave FLR so he has chance to apply again using SET(M). Thats my opinion.
This is entirely different from not being obliged to provide him with the letter. (:
look mate its obvious he had someone on the side if you know what i mean who probably took revenge by doing this to his wife. why dig it up further lol
Posted: Fri Dec 21, 2012 9:38 am
by suwi
you can challenge the fact that HO is lying but not the fact that visa garnted or not. Basically I do not think even the MI6 can lye to say a document which is not existing to say "we have a letter from so and so"
If i were you I would give this to media and take them to court so that they have to declare the so called letter if they have one to the court.
If you win can claim compensation i suppose.
Thats terrible for them to declare faults documentation. after all this is not some country with a dictator. Even most dictators have fairness.
Posted: Fri Dec 21, 2012 10:21 am
by sufferhead
Your wife was not given appeal because leave to remain was given to her and this automatically ceased her appeal right.
Best thing to do now is to write them a letter to reconsider the decision, make sure the letter is well detail that you never written to them about your relationship been broken down. Also involve your local MP. Lastly make a Subject Access Request from them for your wife to know all what they have about your wife so that you can use the result to challenge them for Judicial Review in Court.
I personally believe is an error on their side, so make your move now before it is 90days otherwise it will mean you accept the decision.
Good luck.