Page 1 of 1

ILR Refused EEA application time not counted

Posted: Wed Sep 27, 2017 10:30 pm
by jr2000
Hi,

Let me quickly give my timeline:

September 2006 - October 2010 - Student
December 2010 - December 2012 - PSW
February 2013 - January 2016 - Student

In the mean while to cover up the remaining months I applied for under the guidance of a lawyer:

June 2015 - EEA Extended Family Member - Refused
January 2016 - EEA Extended Family Member - Refused
August 2016 - EEA Extended Family Member - Refused

November 2016 - ILR 10 year long residence - Refused on August 2017 with no in country appeal (Also got a letter for liable for detention and have to go sign in every 2 weeks)

August 2017 - FLR (FP) Private life - Pending

So, my question is would I be able to do anything for the ILR? I think that was the best option that would've worked and under wrong advice looks like I'm running out of options now. Would I be able to do Judicial Review? Would that be any help at all?

Please any help would be much appreciated.

Thanks

Re: ILR Refused EEA application time not counted

Posted: Wed Sep 27, 2017 11:02 pm
by bruteforce
Basically, you are dragging heels since June 2015 with frivolous applications in a hope to get ILR. This has now resulted in you being liable to detention & possible deportation. On what basis did you apply for a leave on private life? Do you have a family here? You have a near impossible task of convincing HO to grant you ILR.

Re: ILR Refused EEA application time not counted

Posted: Thu Sep 28, 2017 9:48 am
by CR001
You do not have 10 years legal residence and therefore do not qualify for ILR based on 10 years long residence.

You have been an overstayer since your student visa expired in January 2016.

Applications under the EEA EFM route do not provide you with Section 3C cover.

On what basis did you apply for a EEA Extended family member?

What were the reasons for refusal?

Re: ILR Refused EEA application time not counted

Posted: Thu Sep 28, 2017 10:55 am
by secret.simon
As advised by CR001, the refusal is correct. The time while an EEA EFM application is being considered by the Home Office does not count for the purposes of long residence.

I am shocked that you have done this on the basis of a lawyer's advice. That is almost certainly money down the drain, but I think you should report the lawyer to the OISC for getting wrong what is very basic advice.

Re: ILR Refused EEA application time not counted

Posted: Thu Sep 28, 2017 9:20 pm
by Obie
I concur with the others. It was a total dereliction of duty of care for the lawyer to mislead you and make you lose your money in this way. Any competent person would have known that your application was bound to fail.