Help !! ----- ILR refused ------ 10 Yr Long Residence <

[sam_lam15]

guys,

my ILR application based on ILR 10 Year Long Residence has just been refused, and no right of appeal given. I would really appriciate some advises.

the HO refused the application due to the 3 month visa gap in between 31/10/2002 - 31/01/2003 I know ILR is likely to be refused if you have a gap, but my visa gap is created by the HomeOffice itself !!!

on 02/10/2002, a company's solicitor sent out my passport with a WorkPermit application to the HO, 3 weeks later, the HO refused the WP, by then my visa was still valid but the HO did not return my passport, in the refusal letter dated 22/10/2002, they also said "we will keep Mr. XXXXX passport for further reviewing" (from SAR file record)

they kept my passport for nearly 2 month, they returned my passport with a letter dated 9/12/2002 (SAR file record)

on the 10/12/2002, I received my passport back then immediately sent out student visa application on the same date. the application was received on the 12/12/2002 (SAR file record), and new student visa was issued on the 30/01/2003

as you can see if they haven't kept my passport for so long, there wont be any gap at all.

I have requested a SAR, but didnt sent them a copy,

what should I do now ? please help !



Sam

[paulp]

Sorry to hear about the refusal sam. First thing to do is write a letter to your MP explaining the circumstances and tell him that you've got documentary evidence through the SAR report.

Second, I think you need professional help to put the blame on the HO.

[sam_lam15]

hello paul,

my solicitor is now sending the caseworker a letter with the SAR files to explain the situation and a complaint letter to the HO about the decision of this case, BUT will it work ??? afterall, no right of appeal is given, what can a solicitor's letter change ???

do I contact my MP now or after the effect of the solicitor's letter ?!

many thanks

[UKBAbble]

My advice would be to write to the MP now setting out what has happened and then follow that with the reply your solicitor receives if the decision is still adverse.