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Refused ilr

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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anjani
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Posts: 2
Joined: Sat Sep 22, 2018 9:20 am
Mauritius

Refused ilr

Post by anjani » Fri Sep 28, 2018 7:45 pm

Hi
I applied for ilr and settle in uk as my husband has full British citizenship and have two kids born in U.K.
Home office has just refused my application as I do not have B1 as I was not aware of requiring due to having A1 which was taken in sept.2015
Home office has given me 30 months right to remain as long as I pay £500 which I have.
My question is do I get B1 and apply fresh or just write to home office to reconsider my case after. Taking and submitting B1
Please help
anjani

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CR001
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Posts: 88129
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Location: London
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South Africa

Re: Refused ilr

Post by CR001 » Fri Sep 28, 2018 7:48 pm

What is your full immigration history??

When did you come to the UK?

When does your visa expire?

Which form did you complete for ILR??
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.

hamzababy
Member
Posts: 109
Joined: Sun Jun 10, 2018 2:48 pm
United Kingdom

Re: Refused ilr

Post by hamzababy » Sat Sep 29, 2018 9:44 am

anjani wrote:
Fri Sep 28, 2018 7:45 pm
Hi
I applied for ilr and settle in uk as my husband has full British citizenship and have two kids born in U.K.
Home office has just refused my application as I do not have B1 as I was not aware of requiring due to having A1 which was taken in sept.2015
Home office has given me 30 months right to remain as long as I pay £500 which I have.
My question is do I get B1 and apply fresh or just write to home office to reconsider my case after. Taking and submitting B1
Please help
anjani
A1 is fine only for spouse visa& flrm...for ILR , you need to have B1..

i had A1 during my initial spouse visa from home country in 2013 , and during my 2.5 flrm extension it was accepted in 2016. but for ILR in 2018, it was not valid/ acceptable . so i did B1 from trinity college london.

What they have done is , given you another extension of FLRM so you stay in uk legally and they charged you Health surcharge as they do in flrm.

i reckon , now that you have been issued with a flrm visa , you can apply for ILR with B1 considering you have met residency requirements as partner of bc but this will be a whole new application instead of reconsideration.

anjani
Newly Registered
Posts: 2
Joined: Sat Sep 22, 2018 9:20 am
Mauritius

Re: Refused ilr

Post by anjani » Thu Oct 04, 2018 8:31 pm

I have not been granted even to put a fresh application or appeal for ILR . Am thinking to go through judicial review

adeelishaq786
Junior Member
Posts: 91
Joined: Tue Jul 28, 2009 2:09 pm
United Kingdom

Re: Refused ilr

Post by adeelishaq786 » Mon Nov 05, 2018 11:51 pm

any update on your case.. did you received ur LTR 10 year than?

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Refused ilr

Post by Casa » Tue Nov 06, 2018 12:26 am

anjani wrote:
Thu Oct 04, 2018 8:31 pm
I have not been granted even to put a fresh application or appeal for ILR . Am thinking to go through judicial review
There's no point in a Judicial Review as the decision to refuse was correct. Not being aware of the requirements for ILR isn't a justification for your error.

You are also fortunate to have been granted an 2.5 year extension, rather than an outright refusal. :idea:
(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.

vinny
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Re: Refused ilr

Post by vinny » Tue Nov 06, 2018 1:18 am

A caseworker failed to follow procedure?
Knowledge of language and life in the UK wrote:If you are not satisfied with a B1 qualification you must ask the applicant to take a test with one of the providers on the current SELT list, at an approved test centre.
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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