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10 year rule ILR dependants refused

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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dela77
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Posts: 6
Joined: Sun Apr 21, 2013 12:26 pm

10 year rule ILR dependants refused

Post by dela77 » Sun Apr 21, 2013 1:03 pm

Hi Everyone, wonder if anyone could help or had been in this situation before.

My (including wife and 8yr old and 4yr old all born in UK) last LTR was a discretionary Leave granted under Article 8 of ECHR -priviate & family life, that expired on 31/8/12. I submitted an ILR application under 10year rule on 29/8/12, did Biometric on 29/10/12 and still waiting for news. My wife and kids submitted FLR(0) application (as instructed by HO when I called them prior to making the application) as defendants of someone on a 10 year rule or for a further discretionary leave in their own right. A letter was attached to my family's application explaining this situation. My wife and kids did their biometric on 01/03/13.

On 2/4/13, my wife and kids had been refused FLR on E-LTRP.1.2 (spouse not present or settled in the UK). We have already lodged an appeal, local MP is also on the case with HO. Is this normal?

My big worry, I have just lost my grand dad (oversea) whom I grew up with and I cant possibly miss his burial. I couldn't visit my seriously ill dad whose ordeal began in the last five months for obvious reasons.
If I write to the HO with these situation, will they be sympathetic enough to consider my application in time to make the journey?
Your suggestions are welcome. thanks folks.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Apr 21, 2013 1:52 pm

The former Guide SET(O) implied that they will normally wait until the outcome of your Long Residence application before deciding on the dependants' application. The appeal may consider the refusal as premature, unfair and unreasonable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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dela77
Newly Registered
Posts: 6
Joined: Sun Apr 21, 2013 12:26 pm

Post by dela77 » Sun Apr 21, 2013 3:11 pm

vinny wrote:The former Guide SET(O) implied that they will normally wait until the outcome of your Long Residence application before deciding on the dependants' application. The appeal may consider the refusal as premature, unfair and unreasonable.
Thanks vinny, I thought so too and I wrote to the case worker to cancel the decision but had since not received any feedback/reply

cqln
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Posts: 48
Joined: Thu Feb 28, 2013 3:42 pm

Post by cqln » Mon Jun 10, 2013 11:31 pm

dela77 wrote:
vinny wrote:The former Guide SET(O) implied that they will normally wait until the outcome of your Long Residence application before deciding on the dependants' application. The appeal may consider the refusal as premature, unfair and unreasonable.
Thanks vinny, I thought so too and I wrote to the case worker to cancel the decision but had since not received any feedback/reply
Any update for this case?

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