Long residence concession (14 yrs) rejected

[ilrapp100]

I am devasted, I have just found out my Long Residence Concession (14 yrs) has been rejected with reasons that are perplexing.

The letter states that there is no appeal on this decision, and that my passport has been forwarded to the nearest local enforcement, and I should make arrangements to collect my passport to leave the country within a week.

i) I am told that an appeal can be lodged, but I am a little perplexed when the letter from the UKBA states there is no appeal.

ii) How much time do I have before the police come knocking on my door to take me to a detention centre?
Will a notice of removal be issued before this occurs? I am assuming this will be sent to me directly?
Or will be this be sent to my lawyer or both of us?

iii) In the event that I go to the local enforcement agency to collect my passport, while my lawyer launches an appeal, is this a good idea? Or will I be arrested if I turn up at the local enforcement agency (and sent to a detention centre), without my lawyer contacting them first that an appeal has been launched? Or will this not make the slightest bit of difference (my lawyer contacting them that an appeal has been launched)

Basically I am trying to find out my options when a Long Residence Concession is rejected (I am to see my lawyer tomorrow but I am desperately in need of finding out the answers to these questions as soon as).

[Wanderer]

What were the reasons given?

[immigrationuk2009]

Hi

I am devastated, I have just found out my Long Residence Concession (14 yrs) has been rejected with reasons that are perplexing.

The letter states that there is no appeal on this decision, and that my passport has been forwarded to the nearest local enforcement, and I should make arrangements to collect my passport to leave the country within a week.

i) I am told that an appeal can be lodged, but I am a little perplexed when the letter from the UKBA states there is no appeal.

ii) How much time do I have before the police come knocking on my door to take me to a detention centre?
Will a notice of removal be issued before this occurs? I am assuming this will be sent to me directly?
Or will be this be sent to my lawyer or both of us?

iii) In the event that I go to the local enforcement agency to collect my passport, while my lawyer launches an appeal, is this a good idea? Or will I be ariorested if I turn up at the local enforcement agency (and sent to a detention centre), without my lawyer contacting them first that an appeal has been launched? Or will this not make the slightest bit of difference (my lawyer contacting them that an appeal has been launched)

Basically I am trying to find out my options when a Long Residence Concession is rejected (I am to see my lawyer tomorrow but I am desperately in need of finding out the answers to these questions as soon as).

Dear if you have right of appeal then it should have been mention in home office refusal letter with appeal form..When home office has written you have no right of appeal it means you have no appeal right given.

Is your current leave is remaining then you should immediately lodge an fresh application and this application would be valid as your leave is remaining.

Second you can apply in High Court for Judicial Review but you have very little time for that..And it would cost you application fee upto £400.

Why your application was refused and why you have no appeal rights.

UK_Banned_Member

[ilrapp100]

The reasons given were:

i) I do not have a comprehensible grasp of the English language. Since I made my initial application prior to the KOL test being made mandatory, my application was lost and I had to resend it, the application was sent back stipulating it be resent with the KOL test result, however my passport is of when I was a child, and the KOL test centre refused to accept it as suitable ID, and I was told in such a scenario the UKBA should let them know in advance I should be allowed to take the test, needless to say I had a short window of opportunity to resend my application, along with the statement from the KOL test centre as to why I was not allowed to take the test.

ii) That there is no evidence I was in the country for a one year period! Which still doesn't affect the 14 yrs Long Residence Concession even if that were taken into account (even though I was in the country within that one year period, and have not left the country in over 20 years).

iii) That my leave to remain expired when I made my application (which beats the whole purpose of the 14 year Long Residence Concession).

When you say I have very little time for a Judicial Review in a High Court, do you mean that chances are I will be arrested and sent to a detention centre before it ever gets to a High Court?

I am assuming I have no appeal rights because this is a concession.

[kiwigirl25]

I'm sorry to hear your application was rejected. To have lived here since you were a child then to be told you have to leave must be devastating.

You really need to rely on the advice given to you by your immigration solicitor. If they say you have a good case for appeal then ... good!! But push them to start proceedings. People on here give very good advice and are very supportive during these difficult times but at the end of the day it's your solicitor that can take things forward for you. Don't fight this without a solicitor!!

I just want to comment on the KOL test. This is compulsory and to not sit it for valid reasons is not exceptable. There are exceptions, i.e. mental illness and under 18 or over 65. I'm a 14 years app, my passport was no longer valid and I was a teen in my photo, but the first action I took when I decided to go for my ILR was to get a new passport. Not only to ensure that I had a current passport for my app but I knew that I would need a current photo ID for the process leading up to submitting my application. Though it could be your original passport was lost by the UKBA. It appears you were given misinformation in this regard and it's severely impacted your application. Under the current ruling, UKBA were right to reject your application on this basis.

I don't really understand the other two points for refusal. They seem bizarre. I've been here 17 years and provided evidence for those full 17 years. Any missing years I managed to find some sort of correspondence and fully explained why I had submitted "non-official" correspondence. Was your "missing" year during the last 14 years of residence? This would make sense if it was because it's continuous 14 years residence. If it was outside this then I too am baffled. You have a good argument against this ruling.

Did you use a solicitor when you submitted your application? For anyone else considering an app on this basis I would fully recommended it, despite the extra cost. If I had submitted my app on my own I wouldn't have included half the documentation my solicitor asked for.

Good luck and keep us up-to-date.