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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kokulan1985
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by kokulan1985 » Thu Jun 28, 2018 1:28 am
Dear Sirs,
I arrived UK on 9th of January 2009 in Student visa valid from 8th of December 2008. Later I renewed to Tier 4 general student and completed B.Sc. computing. Then I applied for Tier 1 Post study visa and got refused. I appealed the decision and the original decision withdrawn by Home office and granted PSW for two years valid until 27th June 2015. There after I renewed again with Tier 4 general student with college CAS and completed MBA degree. Before leave ends on 28th October 2016 I applied FLR (O) application leave to remain for my graduation ceremony reasons and varied to FLR (FP) application private life route on 1st February 2017. Finally I varied to SET (O) private life route application on 3rd May 2017 and Home office reject my application due to the biometric issue and then reinstated and currently waiting for another biometric letter. So far I have no gaps and I also waiting for the fee refund of £2297 due to the Home office charged me twice. In my SET (O) application, I attached some medical letters with regards to my on going treatments. I have raised article 8 and article 3 from this SET (O) Human rights application. I have also submitted my degree certificate, life in the UK certificate and personal statement with my application.
I am going to complete 10 years lawful residence in UK on 9th January 2019. I will be eligible to apply for SET (LR) route before 28 days. So approximately I am five months short for this route. I have never been outside the UK from the date of arrival. Please kindly give me your best suggestions. Is it possible to get an in country appeal rights for this SET(O) refusal. Thanks in advance.
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zimba
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by zimba » Thu Jun 28, 2018 11:46 am
You said you applied under SET(O). What was the basis of your application ??! What do you mean by 'private life' with regards to SET(O) ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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kokulan1985
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by kokulan1985 » Thu Jun 28, 2018 12:46 pm
Thank you for the reply. I am not qualify for private life route and which application was your recommendation. Shall I apply FLR LR. Please kindly reply.
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zimba
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by zimba » Thu Jun 28, 2018 1:00 pm
You need to explain this:
Finally I varied to SET (O) private life route application on 3rd May 2017
Did you apply for SET(O) when ineligible ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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kokulan1985
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by kokulan1985 » Thu Jun 28, 2018 2:25 pm
I hope Home Office can grant me DL from this Set O application. please tell me the best option...thanks in advance.
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kokulan1985
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by kokulan1985 » Thu Jun 28, 2018 4:14 pm
Any more suggestions from Obie, Casa, Vinny and others pls
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kokulan1985
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by kokulan1985 » Sun Jul 01, 2018 12:50 am
Can anyone answer about an appeal rights for this SET O refusal??
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Emerdal3
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by Emerdal3 » Sun Jul 01, 2018 9:09 am
@kokolan85
Try to find the 'guidance notes for caseworkers' for the FLR (O) and see what it says about refusal and the right of appeal.
By the way, you stated:
''Finally I varied to SET (O) private life route application on 3rd May 2017 and Home office reject my application due to the biometric issue and then reinstated and currently waiting for another biometric letter.''
What was the issue and on what basis, did they make your biometric letter valid again?
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kokulan1985
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by kokulan1985 » Sat Jul 14, 2018 4:54 pm
Dear sirs,
I have been lawfully nine and half years in UK as student visa holder from February 2006. I made EEA family member visa route on June 2015 without knowing that it was not including in ten years lawful residence route. Unexpectedly my EEA application was refused within three months with an incountry appeal rights. I appeal the original decision within 14 days and meanwhile I have completed my ten years in UK and applied ILR on the basis of 10 years long receidence. Application refused with an in country appeal rights and made appeal on time within 14 days. I have been to FTT and judge allowed my appeal and HO reappealed the decision. There after my case went to upper court and ask me to go FTT again. Last week FTT refused my case. Please advice me about possible Skelton argument or any ways to succeed my case. I am so depressed with this HO appeal matter.
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secret.simon
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by secret.simon » Sat Jul 14, 2018 5:05 pm
In your earlier posts, you mentioned that you had applied for FLR(O) and FLR(FP). When did you apply as an EEA family member and what was your relationship to the EEA Citizen?
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.
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kokulan1985
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by kokulan1985 » Sat Jul 14, 2018 5:15 pm
Apologise, I forgot to mention as this is my friend's sitation...
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Casa
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by Casa » Sat Jul 14, 2018 5:45 pm
secret.simon wrote: ↑Sat Jul 14, 2018 5:05 pm
In your earlier posts, you mentioned that you had applied for FLR(O) and FLR(FP). When did you apply as an EEA family member and what was your relationship to the EEA Citizen?
Are you causing a confusion in the thread by posting for 2 separate applications
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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CR001
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by CR001 » Sat Jul 14, 2018 5:54 pm
Casa wrote: ↑Sat Jul 14, 2018 5:45 pm
secret.simon wrote: ↑Sat Jul 14, 2018 5:05 pm
In your earlier posts, you mentioned that you had applied for FLR(O) and FLR(FP). When did you apply as an EEA family member and what was your relationship to the EEA Citizen?
Are you causing a confusion in the thread by posting for 2 separate applications
The topics was Merged as whoever Merged it thought it was a continuation of the previous query due to op not stating he was asking on behalf of xxxx.
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.
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Casa
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by Casa » Sat Jul 14, 2018 6:19 pm
CR001 wrote: ↑Sat Jul 14, 2018 5:54 pm
Casa wrote: ↑Sat Jul 14, 2018 5:45 pm
secret.simon wrote: ↑Sat Jul 14, 2018 5:05 pm
In your earlier posts, you mentioned that you had applied for FLR(O) and FLR(FP). When did you apply as an EEA family member and what was your relationship to the EEA Citizen?
Are you causing a confusion in the thread by posting for 2 separate applications
The topics was Merged as whoever Merged it thought it was a continuation of the previous query due to op not stating he was asking on behalf of xxxx.
Thanks.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.