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ILR under HSMP ILR Judicial Review denied

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Was it clear in the letter of rejection when was the deadline to lawfully leave?

Poll ended at Wed Jun 27, 2012 12:27 pm

Yes, the date was written down
0
No votes
The letter mention the date was at the end of the letter but only the deadline for appeal appeared
0
No votes
The letter asked to ring UKBA for further details about my passport and dedline
0
No votes
 
Total votes: 0

ea64
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ILR under HSMP ILR Judicial Review denied

Post by ea64 » Fri Jun 22, 2012 12:27 pm

After six months of wait the UKBA rejected my ILR application on the grounds that I have a single trip of 99 days and hence I broke the continuous residency requirement. I'm planning to appeal under compassionate grounds as I went on pilgrimage after having my wedding called off. Has anyone come across a successful appeal on such type of grounds?

Also, I am looking now for legal assistance and have check in the legal aid website and seems I am entitled to it. If you know reliable lawyers that could work on my appeal please let me know

Thanks!

geriatrix
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Post by geriatrix » Fri Jun 22, 2012 1:20 pm

Making a pilgrimage, a decision to travel that you made voluntarily, is not a "compassionate" reason for your single absence of >90 days to be disregarded.

If given the right to appeal, then:
1. If you do appeal within the stipulated time (as given in the refusal letter) then your leave will remain extant under section 3C until all appeal options are exhausted.
2. If you do not appeal within the stipulated time, you will become an overstayer the day after the end date given for you to submit an appeal.
Life isn't fair, but you can be!

ea64
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Location: brighton

Post by ea64 » Fri Jun 22, 2012 2:45 pm

you refer to section 3C of which document?
Thank you sushdmehta!

geriatrix
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Post by geriatrix » Fri Jun 22, 2012 2:58 pm

Life isn't fair, but you can be!

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