Immigrationboards.com

Hello to all members and moderators.

I trust you and your family are doing fine during these difficult times. Please I need your advice and opinion on my case.

I have been living in UK for more than 15 years now.

In 2013 I applied to renew my Tier 1 General Visa, two months later was arrested and lock up in detention center. (Visa was refused deception); HO wanted to deport me.

2 weeks later I got bail

In 2014 I applied for Parent visa 5 years; HO granted 10 years. After that I filled in JR that I was eligible for 5 years, but JR never been granted.

2015 applied for ILR long residence. It was refused due to Deception 322(2).

Recently In 2017, I applied for my Subject Access information from HO; after received it I went through it and realized that the HO should have granted me Parent visa on 5 years route in 2014.
I filled up a fresh JR despite been late; the court accepted, and the HO sent me a letter saying they will reconsider their decision of 2014.

After reconsideration, the HO accepted wrongdoing and said they should not have arrested me 2013. (Basically, my arrestation was unlawful).
HO lawyer sent me the consent order to sign. In the consent order it is written that the HO will take in consideration their mistake for any future ILR I apply. (I should have been eligible for ILR in 2019 on Parent 5 years route).
I made an application of ILR last March 2020 vias super priority but due to lockdown attended the appointment on Monday 02/06/2020.
NB: despite paying for Super Priority, I have still not heard anything form HO.

My concerns are they following:

1- Can the HO still refuse my ILR application under general ground (322(2)) as in 2015?

2- When an application is made; if after few months or weeks the rules changed can submitted applications before the changes been processed as per updated rules?

3- There is a question on the application which talk about driving offences such as drink driving and driving without insurance. I have answer to that “NO” but I had a 3 point on my license in 2016 due to speeding on Motorway (roadworks 50 instead of 40). Is this an issue?

4- Does anyone know someone who has already took the HO to court for unlawful arrestation and detention? What is the chance of winning? How much can be claimed for that?

Thanks all for support

1. I would say NO under SET(M).
2. Yes in theory but rule changes are mostly carefully crafted to prevent any retrospective effects like that
3. It is fine
4. No idea

Dear Zimba,

Thanks for your reply. Any idea about the reason of Super priority been long like this?

Can the HO mis-regards a court consent order?

Thanks
Cheers

Zimba wrote: ↑

Mon Jun 15, 2020 12:54 am

1. I would say NO under SET(M).
2. Yes in theory but rule changes are mostly carefully crafted to prevent any retrospective effects like that
3. It is fine
4. No idea

Dear Zimba,

Thanks for your reply. Any idea about the reason of Super priority been long like this?

Can the HO mis-regards a court consent order?

Thanks
Cheers

indefinite-leave-to-remain/suspension-o ... l#p1905567

I suggest you wait and see the response to your ILR application

Please does anyone know someone who has already took the HO to court for unlawful arrestation and detention?
What is the chance of winning?
How much can be claimed for that?

Thanks all

Cheers

Zimba wrote: ↑

Mon Jun 15, 2020 1:29 am

https://www.immigrationboards.com/indef ... l#p1905567

I suggest you wait and see the response to your ILR application

Hello Dear all,

I am here to thanks you all for your support and advise, my IDL has been granted.
This forum is very helpful, many thanks for the founder and moderators of this forum particularly of Zimba and CR001.
I am wondering if the founder of this forum does have a charity for members who are will to donate to do so.
God bless you all