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ILR visa is in process ... Had problem please help!

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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Ruby2016
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Joined: Sat May 21, 2016 2:54 am

ILR visa is in process ... Had problem please help!

Post by Ruby2016 » Sun May 22, 2016 6:25 pm

Entered the uk 09/2005
Applied in -time Student visa till 30/08/2010
Applied In-time PW but rejected in 09/2010 due to lack of funds.
Appealed 3 times but HO still refused, then appealed again. While waiting for decision I Found a solicitor, he advised applying for UNmarried partner visa in 10/ 03/2011, but got rejected in 04/2011. 05/2011 sent appealed for UM visa.
Then solicitor advised to make a fresh application again for PW in 05/2011 while waiting for UM visa appeal decision and in 06/2011 PW visa granted.
Applied in time UM 06/2013 granted till 12/2015
Applied in time ILR 12/2015 ....waiting

My question is do you think I can get ILR visa due to the problem happened in 2010-2011?does section 3c and 3D counted for my case?
Apart from that one problem I'm qualified for the rest of the requirements.
Anyone please help me.

Thanks

Ruby2016
Newly Registered
Posts: 6
Joined: Sat May 21, 2016 2:54 am

Re: ILR visa is in process ... Had problem please help!

Post by Ruby2016 » Sun May 22, 2016 8:30 pm

Any one please? If you have same problem like me please share and we can discuss.

Ruby2016
Newly Registered
Posts: 6
Joined: Sat May 21, 2016 2:54 am

Gap in 10 years residence....

Post by Ruby2016 » Tue May 24, 2016 5:19 pm

I never has problem with Ho . Untill
2010 PW visa rejected
Appealed was refused too.
Applied a fresh called UM application while PW appealed with Ho.
Fresh application got rejected then appealed.
Reapplied PW while UM appealed with Ho. PW granted!

Am quialified for applying IRL? Will be 10 years soon.
Please help ... :(

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

Re: Gap in 10 years residence....

Post by vinny » Tue May 24, 2016 11:43 pm

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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Nzekells
Junior Member
Posts: 95
Joined: Tue May 14, 2013 10:03 pm

Re: Gap in 10 years residence....

Post by Nzekells » Wed May 25, 2016 12:24 am

Hi Ruby 2016,
I understand how u feel as I feel same too, having had a T4 visa rejection in 2009 that stretched till further refusals at the UtT. From the tone of your post, I make out that you were likely to have been refused at the Upper Tier Tribunal too.
If that happened, the popular consensus is that 3C leave would have been broken, and that would affect LR ILR timing.
However, there might still be hope as exemplified by some members who had worse situations than yours or mine, but who still got ILR. Some inserted special evidences like Volunteer certificates, MP representations, etc. If you have got family here, you might also include article 8 ECHR (LR applications are HR applications anyway).
Good luck and please share how you get on.
Opinion is researchedly mine!

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

Re: Gap in 10 years residence....

Post by vinny » Wed May 25, 2016 12:47 am

Wasn't your UM application declared as invalid, since you made it during your appeal?
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Ruby2016
Newly Registered
Posts: 6
Joined: Sat May 21, 2016 2:54 am

Re: Gap in 10 years residence....

Post by Ruby2016 » Wed May 25, 2016 4:24 pm

vinny wrote:Wasn't your UM application declared as invalid, since you made it during your appeal?

My UM wasn't declared unvalid, it got rejected as didn't have enough evidence.

Ruby2016
Newly Registered
Posts: 6
Joined: Sat May 21, 2016 2:54 am

Re: Gap in 10 years residence....

Post by Ruby2016 » Wed May 25, 2016 4:34 pm

Nzekells wrote:Hi Ruby 2016,
I understand how u feel as I feel same too, having had a T4 visa rejection in 2009 that stretched till further refusals at the UtT. From the tone of your post, I make out that you were likely to have been refused at the Upper Tier Tribunal too.
If that happened, the popular consensus is that 3C leave would have been broken, and that would affect LR ILR timing.
However, there might still be hope as exemplified by some members who had worse situations than yours or mine, but who still got ILR. Some inserted special evidences like Volunteer certificates, MP representations, etc. If you have got family here, you might also include article 8 ECHR (LR applications are HR applications anyway).
Good luck and please share how you get on.

Thank you for your reply. Did you apply ILR too? If you had the same problem like me so what happened? Please do share...

I'm still waiting for my visa and hope for the best.i don't have my family here :| but I do have my partner here with me. I always think if your a good citizen for the last 10years, the chance will be bigger.

Nzekells
Junior Member
Posts: 95
Joined: Tue May 14, 2013 10:03 pm

Re: Gap in 10 years residence....

Post by Nzekells » Thu May 26, 2016 12:10 am

Hi Ruby2016,
Good to see you are positive about this. @Vinny, Obie and eminent members, pls drop a line on what you think about mine too.

Made a Student visa ext. appl in April 2009 (just some days after the inception of Tier 4 PBS) which was refused due to inadequate visa letter and maintenance fund (without even Evidential Flexibility). I appealed, and it was refused. I appealed again and that was refused too. I then applied for re-consideration, and while that was pending, I made a fresh Tier 4 application to study for an MBA, which was granted.
All the above applications were done IN-TIME, and that was the only time I have had an issue with renewal since I arrived in the UK.

Now, I have a wife and 2 UK-born children.Currently on T1E (which expires 69 days to my ILR eligibility) I will be applying for ILR via LR in December 2016. I plan to apply for extension and ideally/hopefully, vary to ILR LR (before decision as it is likely they'd refuse due to settled worker employment).
I have not been abroad for about 8 years now, not even when my dear father died. But I am glad that I have a real leg into a business that is bound to prove very successful very soon.
Opinion is researchedly mine!

legalkhan
Member
Posts: 201
Joined: Thu Jul 03, 2014 11:25 pm
Pakistan

Re: Gap in 10 years residence....

Post by legalkhan » Thu May 26, 2016 6:43 am

@Ruby2016
No its not broken, request your SAR and you will find it out. I had exactly the same situation then I requested my SAR, according to SAR I am ok so should u.



thanks.

Nzekells
Junior Member
Posts: 95
Joined: Tue May 14, 2013 10:03 pm

Re: Gap in 10 years residence....

Post by Nzekells » Thu May 26, 2016 11:04 am

legalkhan wrote:@Ruby2016
No its not broken, request your SAR and you will find it out. I had exactly the same situation then I requested my SAR, according to SAR I am ok so should u.



thanks.
Hey Legalkhan,
Thanks for your input. Does the above mean that mine by extension should be okay too? It does bring hope, and I am happy to read that. I ask: (1) have you been granted ILR? (2) How do I know from SAR if it is okay? Mine actually arrived about a month ago, but I couldn't pinpoint the status. Thanks for your help.
Opinion is researchedly mine!

Ruby2016
Newly Registered
Posts: 6
Joined: Sat May 21, 2016 2:54 am

Re: Gap in 10 years residence....

Post by Ruby2016 » Thu May 26, 2016 3:17 pm

legalkhan wrote:@Ruby2016
No its not broken, request your SAR and you will find it out. I had exactly the same situation then I requested my SAR, according to SAR I am ok so should u.



thanks.
Thank you for your reply.
Did you manage to get visa even though what happened to you?
I have solicitor helping me doing all of this, but he didn't have all the letters to prove what exactly happened so it still very blur for him. All I know is I did what I have to do follow immigration rules. Even back then a solicitor helped me so I totally depended on his decision even I didn't know about the gap 28days, I only did myself the appealed for PW visa.

When you said my hope is bigger now, but sometimes still depend on the case worker if they are generous even you broken lawful or countinous residence still got visa.

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