2nd Application

[ukilrforman]

Eligibility criteria: HSMP 2 yrs + 3 Years Tier 1 + ILR (1 Year)
Application Type: Solicitors

Date of Application: 17 May 2013
Date of receipt by UKBA: 20 May 2013
Date of debit of fees: 23 May 2013
Date of receipt of acknowledgement: 04 June 2013

Waiting



Eligibility criteria: 2yrs HSMP + 3 yrs Tier 1 General + 1yr ILR
Method of application: Via Immigration Solicitors on 04 March 2013
Date of receipt by UKBA: 05 March 2013
Date of debit of fees: 12 March 2013
Date of receipt of Acknowledgement: 18 March 2013

Date of receipt of Approval: Refused received on 11 April 2013.....


I received the news that the application has been refused. The grounds on refusal are: to be in the UK on the day, exactly 5 years prior from the date of application. This is quite confusing.

On the 4th and 5th of March 2008, I was in the UK. we sent the application by special delivery out on 4th march 2013. it was received on 5th of March 2013. however the UKBA counts +1 day for its internal purposes. hence they count the day 06 th March 2013 less five years making it 06 March 2008.

Now I flew out of the UK on 05th march 2008, and although it still counts to be in the UK, however, not on the 06 march 2008. On these grounds, they have refused the application.

I am free to apply on the first available eligible date.
no return of fees though.

this is my last post until my next application advised by my solicitors (to be advised later).

regards

[Plum70]

That is unfortunate for you.

I think that the UKBA's refusal is justified as they do stress this requirement in the guidance and give an example of how the start of the residential qualifying period is calculated with regards to a person's physical presence in the UK on the day of application receipt by the UKBA.

On one hand it is a waste of your application fee on such an avoidable error; on the other hand it is good to know that the grounds for refusal are inconsequential meaning that you can re-apply as soon as you qualify.

Please get it right the second time round!

[Jambo]

What did the solicitor say about it? Seems to me that this type of mistake should not happen when using a professional.

[ban.s]

this is my last post until my next application advised by my solicitors (to be advised later).

such a shame!

do ensure you choose your solicitor properly next time.

[the matrix]

I am sorry but this is a clear oversight from your solicitor.The AN form has a full page for dates and I am surprised your solicitor gave it to pass.

Please do ask for an explanation from them and he should not charge for you any fee for submitting the application next time. I had a close friend who never changed his solicitors despite umpteen mistakes and paid a heavy price.

Please be aware of solicitors and tread the ground carefully

[trs2011]

Sorry to hear such bad news but your solicitor is useless , period . Imagine you have lost almost £1k because of a date , its dispeakable , i bet you paid him/her money to do a job .

[Amber]

Eligibility criteria: 2yrs HSMP + 3 yrs Tier 1 General + 1yr ILR
Method of application: Via Immigration Solicitors on 04 March 2013
Date of receipt by UKBA: 05 March 2013
Date of debit of fees: 12 March 2013
Date of receipt of Acknowledgement: 18 March 2013

Date of receipt of Approval: Refused received on 11 April 2013.....


I received the news that the application has been refused. The grounds on refusal are: to be in the UK on the day, exactly 5 years prior from the date of application. This is quite confusing.

On the 4th and 5th of March 2008, I was in the UK. we sent the application by special delivery out on 4th march 2013. it was received on 5th of March 2013. however the UKBA counts +1 day for its internal purposes. hence they count the day 06 th March 2013 less five years making it 06 March 2008.

Now I flew out of the UK on 05th march 2008, and although it still counts to be in the UK, however, not on the 06 march 2008. On these grounds, they have refused the application.

I am free to apply on the first available eligible date.
no return of fees though.

this is my last post until my next application advised by my solicitors (to be advised later).

regards

If you believe that your solicitor acted poorly then make a complaint to them in writing. If they have not replied within 8 weeks or you are not satisfied with their answer then take it to the legal ombudsman who can order compensation to be paid.

[niteshj]

Sorry to hear such bad news but your solicitor is useless , period . Imagine you have lost almost £1k because of a date , its dispeakable , i bet you paid him/her money to do a job .

I absolutely agree, what is the point of paying all this money to a solicitor and for them to make such a SIMPLE oversight .. they should refund you their fees + application fee

[dk2011]

Hi ,
This is so confusing . It says you can apply upto 28 days before completing 5 years . I came here on 6th of august 2008 and planning to apply on 15th July 2013 . I can't do this ? Whoever applies utpo 28 days before completing 5 years obviously wiiln't be in UK exactly 5 years beforethat date. Can someone elborate please ?

[dk2011]

Sorry , This was for citizenship. I got confused for ILR. Please ignore.

[psb]

I posted my application (Form AN) on the 2 May and the UKBA received it on the 3 May, I first arrived in the UK on the 4 May.

I am still waiting for a decision.

This should be ok according to the rules, or the day of arrival in the UK is not counted?

[Jambo]

I posted my application (Form AN) on the 2 May and the UKBA received it on the 3 May, I first arrived in the UK on the 4 May.

I am still waiting for a decision.

This should be ok according to the rules, or the day of arrival in the UK is not counted?

It is difficult to comment when you don't put the years....

[psb]

Sorry that I left the years out, please see amended entry below:

I posted my application (Form AN) on the 2 May 2013 and the UKBA received it on the 3 May 2013, I first arrived in the UK on the 4 May 2010 (three years ago).

I am still waiting for a decision.

This should be ok according to the rules, or the day of arrival in the UK is not counted?

[Jambo]

Sorry that I left the years out, please see amended entry below:

I posted my application (Form AN) on the 2 May 2013 and the UKBA received it on the 3 May 2013, I first arrived in the UK on the 4 May 2010 (three years ago).

I am still waiting for a decision.

This should be ok according to the rules, or the day of arrival in the UK is not counted?

Dates are fine. Day of arrival does count.

[desertlord]

psb,

Please keep updating us on the progress of your application

[aleeeex]

Hi there,
could someone advise on our dates here please,
my wife arrived in the uk on the 29th of october 2010, she has had her ILR since january this year (2013)

So can she send her application for citizenship off on the 25th of october as the 28th is a monday and 29th tuesday 2013,

we would like it to go in as there is a new rule we would like to miss that is the koll english test which comes in on the 28th of october,,

any advice please!

[DJMC]

Hi there,
could someone advise on our dates here please,
my wife arrived in the uk on the 29th of october 2010, she has had her ILR since january this year (2013)

So can she send her application for citizenship off on the 25th of october as the 28th is a monday and 29th tuesday 2013,

we would like it to go in as there is a new rule we would like to miss that is the koll english test which comes in on the 28th of october,,

any advice please!

Hi Aleeex,

I'm rushing my application just to avoid this new KOLL, but my ILR was granted on 01/03/2012, I have more than 1 year with it, I understand that she has to wait 1 year with ILR, my experience 2 years with FLR + 1 year with ILR, please, check it before you submit.

[aleeeex]

hi djmc,

the ILR isnt a problem, as we are married and she had a spouse visa, there is no time scale for it, our problem is the 3 years in the uk,
we are 1 day out... and looks like we are stuck