Application REJECTED - Please help!!!

[Emerdal3]

Hello Everyone,

I am very close to the ILR mark but I have my insecurities

My life in UK to date: (No gaps)

Tier 4 Entry date 17th August 2008-2012
Tier 2 2013 - March 2018 (Lost my sponsor - Long story)
Applied for FLR (FP - Established life based on the 10 year route) on 28th March 2018 - Decision on it is pending

Please note, I do not have a partner. I applied for FP based on my established life and personal circumstances. The latter is fairly serious at least to me but I do not know how HO are going to perceive them.

The earliest date for ILR for me is 21st July 2018

(Have I counted this right: 17th August - 28 days = 21st July 2018?) Please do let me know, if my count is right or wrong here).

I also want to know, what happens if the UKVI does make a decision in the next week or two?

The following seem to be relevant:

39E. This paragraph applies where

(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Is there a similar 14 day period, if God forbidden my application becomes invalid? I have sent quiet a few copies as my documents but kept the originals for my ILR application. The passport, BRP and a couple of other documents were original though.

I gave my biometrics on 14th May 2018.

Oh and if I am varying my application to ILR, am I going to get my money back of £1033? I am actually planning to pay: ILR fee - £1033 for the variation (I am planning to clarify this on the cover letter) Is that acceptable?

Also, which premium phone number am I supposed to call to confirm the variation? I do not want my FLR (FP) to be refused after the 21st, in case, the UKVI is unaware of the second application.

All your answers/advice (negative or positive) are most welcome!

[Emerdal3]

Seems*

Please do reply.

The Entry Clearance given to me was from 8th August 2008. I entered the UK on 17th August 2008.

So does my count of 28 days start from the above date?

[Emerdal3]

Hi,

ILR - 10 YEAR LEGAL STAY ROUTE

Entry clearance visa given from: 8th August 2008 (So I could have entered UK on this date)

Date of entry: 17th August 2018

If I am subtracting 28 days - is my earliest date of eligibility: 20th July/21s July/22nd July?

Should I include 17th August in my count of 28 days?

I await your reply.

Thank you.

And oh can I start the count from 8th August?

[CR001]

Your residence for long residence ILR starts counting from the date you ENTERED the UK and not the date of visa issue.

[Emerdal3]

Thanks, CR001. You are very kind.

Please assist me with the count as well.

When I am subtracting 28 days, am I supposed to include 17th August - The date of entry?

According to my count, the earliest date of eligibility is 21st July but I am not sure if this is the correct date. Please advise.

[Emerdal3]

Please reply, people

[Emerdal3]

Date of entry: 17th August 2018

If I am subtracting 28 days - is my earliest date of eligibility: 20th July/21s July/22nd July?

Please please please reply

[CR001]

https://www.timeanddate.com/date/dateadd.html

[marcnath]

Date of entry: 17th August 2018

If I am subtracting 28 days - is my earliest date of eligibility: 20th July/21s July/22nd July?

Please please please reply

Seriously, what difference do you think 1 day is going to make ?

The eligibility is 28 days before you complete 10 years. When do you think you can confidently say you complete 10 years ?

[Emerdal3]

Thank you for your replies and sharing the link of the virtual calculator.

I am almost 61 now so everyday counts eheh I am only joking

If I am subtracting 28 days by including 17th August (Date of entry) then the eligibility date is 21st July.

If I am subtracting 28 days by excluding 17th August (Date of entry) then the eligibility date is 20th July.

Is the date of entry supposed to be included in the count?

(Living with restricted rights is tough and suffocating and that is why I want to apply as soon as I am eligible).

[Emerdal3]

Hi,

To my shock my FLR (FP) application is unfairly rejected!

The reason given that I did not enrol my biometrics but I did enrol my biometrics on the 14th working day.

Could anyone please provide me the premium email address on which I can email the UKVI about this? Please also provide the premium phone number if you can.

Or any relevant contact details which are relevant.

How long does the UKVI take to consider the evidence and validate the application?

I have the dated copy of biometrics receipt.

Please help

[CR001]

What is the date of the biometric letter?

What date did you receive the letter?

How many letters did you receive for biometrics??

[Emerdal3]

What is the date of the biometric letter?

What date did you receive the letter?

How many letters did you receive for biometrics??

2

The date on letter was 25th April 2018

I received the letter on 30th April

I gave my biometrics on 14th May 2018.

It was my second 15 working days letter. Before this, I received only one Biometric letter which also had 15 working days.

[CR001]

Are you sure your second letter gave you 15 days and not 10 days??

https://assets.publishing.service.gov.u ... t_v4_0.pdf

Failure to attend Post Office
If a person who is eligible to enrol their biometric information at a Post Office does not attend
a Post Office within 15 working days of the date of their biometric information notification
letter, you must send them a ‘biometric appointment warning letter’.

If a person is sent a rejection warning letter, they then have a further 10 working days from
the date of the warning letter to enrol at a Post Office.

This allows the Home Office to specify the process and the place where the biometric
information can be enrolled and monitor the situation. This is especially important when
applicants claim to have enrolled at a Post Office, but the Home Office does not have any
record of this.

[Emerdal3]

Hi CR001,

Yes, 15 working days 100 percent.

I actually wrote to appointmentexceptions about this and informed them that I won't be able to give my biometrics within the initial 15 working days period.

I emailed them on the 13th working day of my initial biometric letter. The individual who responded said that your biometric letter is still valid so please try to enrol as soon as possible.

However, after a week or so, I received the 2nd biometric letter with the same duration i.e. 15 working days.

[Emerdal3]

I feel so stressed and anxious. Please reply.

[CR001]

Why did you delay enrolling your biometrics??

[marcnath]

The reason given that I did not enrol my biometrics but I did enrol my biometrics on the 14th working day.

I have the dated copy of biometrics receipt.

Was the reason you DID NOT enrol or did not enrol in time ?

If you have the copy of the letter that said 15 working days and you the receipts showing it was done on the 14th day, go ahead and write in to them. It may take time, but it should work out.

[Emerdal3]

Thank you for your prompt replies.

Initially, due to a medical reason, I was off from work even before I received the initial biometric letter, so I sent appointmentexceptions the evidence for it which was a sick note given to me by my GP for my employer.

After receiving the second letter, I was still a bit reluctant to travel and since I knew I had time, I made use of it. This was also somewhat supportive to my situation as I was so close to the ILR mark.

In your opinion, why did they not send me a warning rejection letter first? They could have contacted me before making such a harsh decision. Is this a done thing?

And if you can, please provide me the premium email address so that I can send them the 'evidence'

A phone call won't cut it in my situation it seems. I heard there is some premium service where you can pay £5 to send an email to the relevant active inbox etc.

[Emerdal3]

Was the reason you DID NOT enrol or did not enrol in time ?

It states I did not enrol in time. (I have recounted the 15 working days over 10 times by now)

If you have the copy of the letter that said 15 working days and you the receipts showing it was done on the 14th day, go ahead and write in to them. It may take time, but it should work out.

How much time are we talking about here in your opinion?

[CR001]

why did they not send me a warning rejection letter first?

There is no such letter once a second biometric letter is sent. You are usually given 15 working days and if you fail to do it then another letter giving you 10 working days. This applies across all visa category applications within the UK. You don't then get another 'warning letter' after the 2nd letter to enroll biometrics.

[ILR2015-2016]

Hi,

To my shock my FLR (FP) application is unfairly rejected!

The reason given that I did not enrol my biometrics but I did enrol my biometrics on the 14th working day.

Could anyone please provide me the premium email address on which I can email the UKVI about this? Please also provide the premium phone number if you can.

Or any relevant contact details which are relevant.

How long does the UKVI take to consider the evidence and validate the application?

I have the dated copy of biometrics receipt.

Please help

sorry to hear this! its absolutely harsh decision.did you get right of appeal> in country appeal ?

[Emerdal3]

@CR001

But the second 15 working days letter has the 'exact' same wording. There is no difference in the wording of the first and second letter.

I still feel they should have contacted me by email or phone before returning my documents.

By the way, I tried calling UKVI on this phone number: 03001232241 but couldn't make much progress.

I would be really grateful, if you could provide me their premium service phone number and email address. I actually prefer an email address in my case as I need to send the evidence

[TheRock9]

@CR001

But the second 15 working days letter has the 'exact' same wording. There is no difference in the wording of the first and second letter.

I still feel they should have contacted me by email or phone before returning my documents.

By the way, I tried calling UKVI on this phone number: 03001232241 but couldn't make much progress.

I would be really grateful, if you could provide me their premium service phone number and email address. I actually prefer an email address in my case as I need to send the evidence

Hi

Sorry to hear this.

Try to get a legal advise, as you have documentary evidence that on receipt if first bio-metric letter you sent them a proof that you are unable to attend the bio metric in next 15 days.

They sent you a 2nd letter stating give bio-metric in next 15 days, so given bio-metric on 14th day [you MUST have a RECEIPT from Post OFFICE]

So if they have refused your application on this, just take a legal advise and appeal against this decision or take them to court. Avail all your options.

Thanks

[CR001]

I still feel they should have contacted me by email or phone before returning my documents.

As frustrating as the refusal is, HO unfortunately do not work as you wish them to and won't 'hold your hand and be gentle'. You were sent two letters, you likely also tried to delay a bit to buy time to get closer to 10 years ILR before varying (as many have tried to do and failed for the same reason you have been refused).

Have you been given the option of Administrative Review in your refusal??