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ILR Refused EEA application time not counted

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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jr2000
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Joined: Wed Sep 27, 2017 10:18 pm
Nepal

ILR Refused EEA application time not counted

Post by jr2000 » Wed Sep 27, 2017 10:30 pm

Hi,

Let me quickly give my timeline:

September 2006 - October 2010 - Student
December 2010 - December 2012 - PSW
February 2013 - January 2016 - Student

In the mean while to cover up the remaining months I applied for under the guidance of a lawyer:

June 2015 - EEA Extended Family Member - Refused
January 2016 - EEA Extended Family Member - Refused
August 2016 - EEA Extended Family Member - Refused

November 2016 - ILR 10 year long residence - Refused on August 2017 with no in country appeal (Also got a letter for liable for detention and have to go sign in every 2 weeks)

August 2017 - FLR (FP) Private life - Pending

So, my question is would I be able to do anything for the ILR? I think that was the best option that would've worked and under wrong advice looks like I'm running out of options now. Would I be able to do Judicial Review? Would that be any help at all?

Please any help would be much appreciated.

Thanks

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bruteforce
Senior Member
Posts: 940
Joined: Tue Sep 22, 2009 7:15 pm
Mood:
Pakistan

Re: ILR Refused EEA application time not counted

Post by bruteforce » Wed Sep 27, 2017 11:02 pm

Basically, you are dragging heels since June 2015 with frivolous applications in a hope to get ILR. This has now resulted in you being liable to detention & possible deportation. On what basis did you apply for a leave on private life? Do you have a family here? You have a near impossible task of convincing HO to grant you ILR.

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CR001
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Location: London
Mood:
South Africa

Re: ILR Refused EEA application time not counted

Post by CR001 » Thu Sep 28, 2017 9:48 am

You do not have 10 years legal residence and therefore do not qualify for ILR based on 10 years long residence.

You have been an overstayer since your student visa expired in January 2016.

Applications under the EEA EFM route do not provide you with Section 3C cover.

On what basis did you apply for a EEA Extended family member?

What were the reasons for refusal?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR Refused EEA application time not counted

Post by secret.simon » Thu Sep 28, 2017 10:55 am

As advised by CR001, the refusal is correct. The time while an EEA EFM application is being considered by the Home Office does not count for the purposes of long residence.

I am shocked that you have done this on the basis of a lawyer's advice. That is almost certainly money down the drain, but I think you should report the lawyer to the OISC for getting wrong what is very basic advice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Location: UK/Ireland
Ireland

Re: ILR Refused EEA application time not counted

Post by Obie » Thu Sep 28, 2017 9:20 pm

I concur with the others. It was a total dereliction of duty of care for the lawyer to mislead you and make you lose your money in this way. Any competent person would have known that your application was bound to fail.
Smooth seas do not make skilful sailors

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