ILR Refused - 5 years continuous stay not met

[deebs]

I was in Croydon PEO today for my ILR. I thought my case will be straight forward, unfortunately not. Sharing this long 'case' so experts in this forum can share valuable feedback/guide me and other members can be aware of what happened.

I first came to UK in Aug 2006 but was not eligible for ILR in 2011 because I was out of UK for more than 90+ continuous days in 2007. So for my current ILR application I took start period as Feb 2008.

When I reached Croydon PEO, a person checked my application in ground floor and gave me a shocking information. Apparently I had a visa break in 2010, he allowed me to go ahead but did tell me senior case worker will decide my case.

So here is what happened, my T2 ICT visa was expiring Feb 28, 2010. I applied through my company solicitor early Feb 2010. As per case worker Home office has a record of receiving my application on Feb 25th, 2010. On Mar 20th, 2010 they rejected the application and sent it back to my solicitor because the application form was not valid (my guess it was probably outdated I.e., a more recent version of the application probably was issued in March 2010). 28 days was given to make a new application, my new application though reached the home office only on 26th May, 2010.

Irony, my company solicitor did not notify me of the rejection, neither did he ensure the new application was sent before lapse of 28 days. In fact this whole rejection and delay came to light only today. When I asked back in 2010 reasons for the long delay, I was only told we don't know, there is no way we can enquire in home office. When I was asked to sign a new application form, the reason given was simply we need to make a fresh application again.

My ILR application was referred to refusals team today and was eventually refused. I am still in a state of shock. I can't appeal because my current T1 general visa is valid till June 2013. I can only apply for ILR in June 2015.

My wife has a ILR since July 2012, we are married since Feb 2008. Can I become her dependent and get British Passport instead of waiting till 2015 for my ILR?

My son is currently my T1 dependent, I didn't include him in my ILR application. Intention was to apply using MN form immediately after I get my ILR. Now I intend to ask my wife to apply for my son using MN form. Is that acceptable?

[Kevin24]

Sorry to hear your shocking Experience today. You must take this matter seriously with the Company Solictor and the Management. Hope some thing good will work out for you.

[cs95tdg]

I am sorry to hear about the unfortunate circumstances you found yourself in today & the result of your ILR application. It highlights some areas which may be useful to other applicants who intend to apply for ILR under employer sponsored categories such as WP & T2 ICT, where their employers/solicitors have made FLR (WP, T2 extensions) applications on their behalf and the application process/UKBA communication has not been transparent to you. When you go through a regulated intermediary such as a solicitor (be it your employers solicitor) there is a general expectation that they will keep you informed of the progress and any UKBA decisions along the way.

But your experience clearly highlights an instance where this has not happened, and the unfortunate circumstances you find yourself in because of it. If only you had known or had an inkling about the possible break in your residence, you could have made a SAR to find out your immigration history before applying for ILR.

You have raised two questions, the first I do not know the precise answer to (but suspect, it will be a negative - note that you need to be free from immigration time-restrictions, i.e. have ILR to apply for naturalisation, after which you may apply for a British passport. The residence period for ILR & Naturalisation will vary depending on the category you apply for ILR under.) without doing some further reading, so will leave it for someone else to answer. The answer to the second question is yes. Your wife can apply to register your son as a BC using the MN form. See the section for Children under the following sticky thread for further information. http://www.immigrationboards.com/viewtopic.php?t=95747

1) My wife has a ILR since July 2012, we are married since Feb 2008. Can I become her dependent and get British Passport instead of waiting till 2015 for my ILR?

2) My son is currently my T1 dependant; I didn't include him in my ILR application. Intention was to apply using MN form immediately after I get my ILR. Now I intend to ask my wife to apply for my son using MN form. Is that acceptable?

[deebs]

Thanks both for your responses.

I will go ahead and make the MN application for my son through my wife's ILR

[ryan2020]

I was in Croydon PEO today for my ILR. I thought my case will be straight forward, unfortunately not. Sharing this long 'case' so experts in this forum can share valuable feedback/guide me and other members can be aware of what happened.

I first came to UK in Aug 2006 but was not eligible for ILR in 2011 because I was out of UK for more than 90+ continuous days in 2007. So for my current ILR application I took start period as Feb 2008.

When I reached Croydon PEO, a person checked my application in ground floor and gave me a shocking information. Apparently I had a visa break in 2010, he allowed me to go ahead but did tell me senior case worker will decide my case.

So here is what happened, my T2 ICT visa was expiring Feb 28, 2010. I applied through my company solicitor early Feb 2010. As per case worker Home office has a record of receiving my application on Feb 25th, 2010. On Mar 20th, 2010 they rejected the application and sent it back to my solicitor because the application form was not valid (my guess it was probably outdated I.e., a more recent version of the application probably was issued in March 2010). 28 days was given to make a new application, my new application though reached the home office only on 26th May, 2010.

Irony, my company solicitor did not notify me of the rejection, neither did he ensure the new application was sent before lapse of 28 days. In fact this whole rejection and delay came to light only today. When I asked back in 2010 reasons for the long delay, I was only told we don't know, there is no way we can enquire in home office. When I was asked to sign a new application form, the reason given was simply we need to make a fresh application again.

My ILR application was referred to refusals team today and was eventually refused. I am still in a state of shock. I can't appeal because my current T1 general visa is valid till June 2013. I can only apply for ILR in June 2015.

My wife has a ILR since July 2012, we are married since Feb 2008. Can I become her dependent and get British Passport instead of waiting till 2015 for my ILR?

My son is currently my T1 dependent, I didn't include him in my ILR application. Intention was to apply using MN form immediately after I get my ILR. Now I intend to ask my wife to apply for my son using MN form. Is that acceptable?

how you know your case was referred to refusal team ???
what is refusal team . ???? what they do ? if CW dont like any application they straightaway send to refusal team to make any reason and refuse ??? is this refusal team do ???? plz carlify thxx

[Kevin24]

They do have a Team to do further checks,when they don't give you a decision on the same day. I haven't heard about this refusal Team.

[deebs]

Not sure what the refusal team is all about. I was only told by the case worker, my case is being passed to refusals team.

[deebs]

probably a twist in the tale, had a quick word with the solicitor involved in 2010 and he has agreed to come back with actual facts. The solicitor says sometimes UKBA rejects applications, but do not communicate back immediately.

If we are able to establish fault with UKBA do I have further recourse? Would appreciate guidance

[cs95tdg]

I think it would be wise to wait until you get the facts from the solicitor before trying to determine what your next steps could be. Do post what you find out, to see whether anyone on this forum may be able to comment, or whether you would need to get legal advice to take this further. I suspect it may be a combination of the two.