Immigrationboards.com

Hi
i am one of those who left uk because of november 2006 changes and came back after judicial review. the policy document states that the time spent abroad will be counted towards ILR and we are eligilble for ILR after 4 years(after second JR). i applied with all documents but received refusal that i haven't spent a continuous period of 4 yrs in the uk. they have also not given the right to appeal that means i can't appeal in the tribunal as well. could someone please tell me what should i do. can i take this matter in the court or ask home office to look at there decison again ..... i don't know what to do please help-----

It will help if you clearly tell us what the refusal letter states (in verbatim).

regards

Thank you verymuch for the reply. ill post there decison word to word tomorrow as soon as possible.

Regards

Did you submit a covering letter explaining your situation and was a reference to UKBA policy document made? Was your extension (under new rules) refused back in 2006/7 or did you leave on your own?

regards

THE notice of decision says
"you applied for indefinite leave to remain under HSMP however the secretary of state is not satisfied that you have spent a continuous period of 5 years (or four years where the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document) lawfully in the United Kingdom, of which the most recent period must have been spent with leave as highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules your application has therefore been refused."

and they say i have no right to appeal as i still have leave to remain in the united kingdom and so am entitled to stay here.

Though i have written them letter attaching the policy documnet and highlighting the areas where it says that my time abroad will be counted towards ILR asked them to reply within two weeks. i don't know what shoud i do after that . my visa has never been refused as i didn't apply for extension i just left the country because of november 06 rules change.

can you give us your time line?
HSMP entry clearance and validity
date arrived
any HSMP extension and validity
date left UK
date HSMP reinstated and validity, did you do this through the JR?

ashvni2001 wrote: my visa has never been refused as i didn't apply for extension i just left the country because of november 06 rules change.

i think this will be a problem. if you left on your own, there is no proof that the rules change adversely affected you.

I think that is not a problem because i left the UK 7th january2007 and my visa was till 9th jan 2007 i mentioned in my covering letter in india when i got reinstated the i left the uk without applying for extension as i did not qualify under new rules there is no point apply when u do not qualify.they know that and they have accepted that and made provisions for the people who left the uk without applying for extension. i think the caseworker as not taken the pain of going through the rules properly and has just seen the policy document made by the home office after the SECOND JR.

Can i take the my case to the court if i don't get satisfactory answer from the homeoffice????

did you include proof that you did not qualify for extension at the time (saying how much points you would have made in dec 2006)?

if you did, i would wait for their reply. it does sound like the caseworker did not carefully assess your application.

I am in the same situation as Ashvani. We were refused an extension after 2006 changes, in Feb 2007 and we left UK in March 2007. Here is chronology of our immigration process:

* Me and my family arrived in UK in June 2006 under HSMP visa. Our initial leave was for one year. (Our approval letter dates back to 2005).
* We applied for extension in December 2006 and our application was assessed and refused under new Rules.
* We left UK and went back to our home country in April 2007.
* We were re-instated under JR Ruling in June 2009 and came back to UK in August 2009. Here we are self-employed and are economically active.
* If the period that we spent out of UK between these 2 leaves, is also counted towards 4 years qualifying period for ILR (as I have understood from JR 1Ruling, para 24), we'll be eligible to apply for ILR in June this year. Please advise me if we are eligible for ILR at that time?

We are too scared after refusal of Ashvani. Please advise.

Don't worry mate. This is gross violation of human rights. The home office cant' all the time keep playing with our life checking us in and out of UK. i have sent the home office all the relevant documens and waiting for the reply. If the reply is positive its okay we can understand that it can be a caseworkers mistake otherwise there is always the option to take the case in the court.

ashvni2001 wrote: and they say i have no right to appeal as i still have leave to remain in the united kingdom and so am entitled to stay here.

well “no right to appealâ€

Thank you halsbury I think it is a contempt of court. i sent them a letter on 15-02-10 and am now sending them a reminder as well let us see what they say. i think they are going to do the same with everybody unless appropriate action is taken.
i will try to get personal appointment and apply again. as they have not barred me from applying again.