ILR Dependent Refused

[themonsoonhunter]

Hi,

My wife's ILR refused.

Timeline :
She entered in UK : 30 Jan 2010 on Tier 1 Dependent
She got extension in March 2011 on Tier 1 Dependent
I got ILR in July 2011
She then got Spouse Visa in September 2011.
And then she applied for ILR in May 2012.

We thought she spent more than 2 years as partner in the UK to apply for ILR. But it was refused, with no option to appeal.


" You have not completed 2 years as the spouse of a person present and settled in the UK in accordance with paragraphs 281 to 286. You therefore do not meet the requirements of paragraph 287a(i)."

Were we too early in applying for ILR ?

[geriatrix]

No, as mentioned before, 287(a)(i)(d) applies. She completed the 2 year qualifying residential period in Jan 2012.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

Therefore, the refusal is unlawful.

[themonsoonhunter]

Thanks mate. In absence of appeal right, what options we have ?

[geriatrix]

1. Request to reconsider.
2. Judicial review (the pre-action protocol letter should be enough to make UKBA realize their mistake).

[themonsoonhunter]

Thanks sushdmehta.

Is there any link where I can get more information about process and format of letter to reconsider, and/or JLR ? Or should I call UKBA to get more information ?

Thanks a lot in advance!!

[geriatrix]

Judicial review
Pre-Action Protocol for Judicial Review
Chapter 27 - Judicial review

How to make a complaint

[themonsoonhunter]

Hi sushdmehta,

I am writing a letter to request to reconsider before taking any further step. Do I need to send all the documents again with the letter or the letter and copy of UKBA decision letter should be suffice ?

Thanks.

[geriatrix]

Your covering letter along with a copy of refusal letter should be sufficient.

[themonsoonhunter]

Thanks sushdmehta !

[katya_s]

Thanks mate. In absence of appeal right, what options we have ?

It might also be worth contacting your MP. I was in a similar situation for my Tier 1 application - it was unlawfully refused (entirely UKBA's mistake) but as my previous leave to remain was still valid at that point I was given no right to appeal. Contacted my MP, his intervention was enough for me to get an e-mail from UKBA saying that I should resend my passport and they will "reconsider".