General UK immigration & work permits; don't post job search or family related topics!
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wr117
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by wr117 » Fri Dec 03, 2010 9:41 pm
Hi been reading these boards for a while and got some good info thanks to all who contribute.
My husband has just had his ILR refused but they gave him a one year visa instead.He is a Turkish citizen and we had applied in january for ilr, they asked us in for an interview in sheffield and it seemed to go well all questions they asked were easy as we do live together.However we did disclose that for a period we did not live together every night we lived together a few nights a week for 6 months.we were stupidly being honest.Now they sent us a letter this morning saying our ilr application had been refused on the grounds that the secretary of state does not feel we lived together for the two year probationary period, so they6 have granted him a one year visa.In the envelope we had another refusal letter but it was addressed to another person and outlined the reason for refusal.What should we do with regards to that? Should we let them know ?
thanks in advance
regards w117
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boloney
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by boloney » Fri Dec 03, 2010 10:18 pm
wr117 wrote:Hi been reading these boards for a while and got some good info thanks to all who contribute.
My husband has just had his ILR refused but they gave him a one year visa instead.He is a Turkish citizen and we had applied in january for ilr, they asked us in for an interview in sheffield and it seemed to go well all questions they asked were easy as we do live together.However we did disclose that for a period we did not live together every night we lived together a few nights a week for 6 months.we were stupidly being honest.Now they sent us a letter this morning saying our ilr application had been refused on the grounds that the secretary of state does not feel we lived together for the two year probationary period, so they6 have granted him a one year visa.In the envelope we had another refusal letter but it was addressed to another person and outlined the reason for refusal.What should we do with regards to that? Should we let them know ?
thanks in advance
regards w117
they must think that they send both letters, let them know, so thay can produce new one and send it to that person.
my wife had the same story with invitation for extra scan when she was pregnant, someone put two letters in one envelope, thanks god wife`s one was on top.
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wr117
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by wr117 » Fri Dec 03, 2010 10:23 pm
Hi thank you for quick response.I do think that i should ,arent they breaching data protection rules though aswell?It does seem that i may be nip picking but they are quick to point out our errors not and refuse ILR and then send someone elses letter .I feel awful for the other person , how do i let them know?It says on our letter we have no rights to appeal, the reason for refusla is that for a few months we speant only a few nights with each other and living next door to each other , so if we were to work away from each other we would be refused?it seems terrible to me.
wr117
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ash786
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by ash786 » Fri Dec 03, 2010 10:39 pm
wr117 wrote:Hi been reading these boards for a while and got some good info thanks to all who contribute.
My husband has just had his ILR refused but they gave him a one year visa instead.He is a Turkish citizen and we had applied in january for ilr, they asked us in for an interview in sheffield and it seemed to go well all questions they asked were easy as we do live together.However we did disclose that for a period we did not live together every night we lived together a few nights a week for 6 months.we were stupidly being honest.Now they sent us a letter this morning saying our ilr application had been refused on the grounds that the secretary of state does not feel we lived together for the two year probationary period, so they6 have granted him a one year visa.In the envelope we had another refusal letter but it was addressed to another person and outlined the reason for refusal.What should we do with regards to that? Should we let them know ?
thanks in advance
regards w117
1. I would send the letter back to HO with a letter explaining that your caseworker is so intelligent that he gave you somones else refusal letter.
2. Also tell them that the caseworker is a very intelligent person who does not care about data protection at all.
3. I wud even inform the media or the data protection agency.
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wr117
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by wr117 » Fri Dec 03, 2010 11:02 pm
Hi thanks for the reply, i was going to inform them will probably send a letter tomorrow , although infroming the media sounds a good idea.However they would probably hold that against us in our application next year as they seem to not want to give hubby his visa at all.What is the data protection agency ?
Regards
wr117
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ash786
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by ash786 » Fri Dec 03, 2010 11:30 pm
wr117 wrote:Hi thanks for the reply, i was going to inform them will probably send a letter tomorrow , although infroming the media sounds a good idea.However they would probably hold that against us in our application next year as they seem to not want to give hubby his visa at all.What is the data protection agency ?
Regards
wr117
1. U have no harm to inform the data protection agency.
http://www.ico.gov.uk/what_we_cover.aspx
U can inform them that HO has sent you somones else details and you do not know how to deal with it and they will be able to assist you further.
2. Informing the media (if you wish) can not be held against you as you are complying with the law by inofrming the Inofrmation Commissioner.
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wr117
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by wr117 » Sat Dec 04, 2010 2:10 pm
Hi thank you for the information.I will inform the data protection agency .With regards to the media i would have no idea of how to contact them and they probably wouldnt be interested as you know how they feel about immigration at the moment.This is all very stressful at the moment.
Does anyone know if my husband has been given one year visa limited leave to remain can he reapply sooner than a year as they advised reason was secretary of state was not happy that we have lived together for two years however we have lived another 11 months already since we put in application. Can we apply again sooner? we would like to do this sooner as its all so stressful for me at the moment just want it out of the way.
Thanks
wr117
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ash786
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by ash786 » Sat Dec 04, 2010 5:22 pm
wr117 wrote:Hi thank you for the information.I will inform the data protection agency .With regards to the media i would have no idea of how to contact them and they probably wouldnt be interested as you know how they feel about immigration at the moment.This is all very stressful at the moment.
Does anyone know if my husband has been given one year visa limited leave to remain can he reapply sooner than a year as they advised reason was secretary of state was not happy that we have lived together for two years however we have lived another 11 months already since we put in application. Can we apply again sooner? we would like to do this sooner as its all so stressful for me at the moment just want it out of the way.
Thanks
wr117
1. If you have lived together for the required time then u r eligible to apply again.
2. U will have to prove that u lived for 2 years as u previous application was refused cuz of that.
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wr117
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by wr117 » Sat Dec 04, 2010 6:31 pm
Hi We have been living together permanently again since january and can prove that we have lived together for 5 years both in Turkey and here and in 2009 had a rocky patch and lived away ffrom each other (next door)for a few nights a week to give each other space.We have now lived together since january every day and night so thats 10 to 11 months so for example we could re apply in january february and say look we have lived together another year since we aplied even though we got decision december?as when they made there decision we have still lived together more than two years together it does not make sense.But the way they get round an appeal is to give one year further visa.Its so hard.
THANKS
wr117
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Natita
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by Natita » Sat Dec 04, 2010 8:22 pm
This is interesting...so they actually expect us to live together everyday? Just so unreasonable for someone who is required to work away from home, commuting over the weekend.
And I gathered that the period of cohabitation can be aggregated, am I right? i.e. it does not have to be continuous and immediately before the application. For example, if we lived together 4 years continuously, the 5th year on-and-off (for the reason that I have been on overseas assignment and my dependant remains in UK), then a few months back together again. Would it be considered acceptable?
Thanks and kind regards,
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wr117
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by wr117 » Sat Dec 04, 2010 10:11 pm
Natita, to be honest i do not know .All i can say is that they have advised that this is the reason for refusal.That we have not lived two years continuously together which is not right coz we have infact did this.It was just a few months we did not live together everynight and now they advise this is reason for refusal.I have no idea what to do i am going to seek further advice on this and then i may be able to advise you of what they have said.sorry not much help.
wr117
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Natita
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by Natita » Sun Dec 05, 2010 4:34 am
That would be very much appreciated wr117. All the best to you.
Natita.