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ILR Refused Due to a Criminal Record I Do NOT Have (Caseworker's Mistake)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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UK_Resident_2022
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ILR Refused Due to a Criminal Record I Do NOT Have (Caseworker's Mistake)

Post by UK_Resident_2022 » Sun Oct 09, 2022 11:24 am

Application: Indefinite Leave to Remain
Nationality: Non-EU
Eligibility: Spouse of a British Citizen (5-year route) + 4 years as a Student
Submission date: 5 October 2022 (Super Priority Service)
Outcome Notification: 7 October 2022

Although submitting an ACRO Subject Access confirming I have NO criminal records, I received a refusal based on a criminal record I NEVER had. I strongly believe the caseworker might have confused my name with brother's (whom I share the same last name with), and who was also convicted on the exact same dates the caseworker stated.

Decision was to grant me FLR for 30 months and to pay IHS within 14 days with no right to Appeal/Administrative Review.

Given this is clearly a mistake on UKVI's behalf, my application has to be reconsidered through re-examining my criminal records, which are completely clean. However, I have neither the caseworker's email address nor the department's contact details - I only have part of the caseworker's address in their email signature.

1. How do I write to the caseworker and make sure they receive my letter to explain the matter and ask for a reconsideration within the 14-day period?
2. How long could this reconsideration procedure take, bearing in mind I paid for Super Priority Service?

Any help/advice would be much appreciated!

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zimba
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Re: ILR Refused Due to a Criminal Record I Do NOT Have (Caseworker's Mistake)

Post by zimba » Sun Oct 09, 2022 7:36 pm

Have you received an actual refusal ?? Your posts suggest that they are offering you FLR and asking you to pay IHS which puts you under the 10-year route. This suggests the application is yet to be refused ??! A refusal will lead to an administrative review where such errors can be rectified :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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