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  1. Dear All, Following with reference to Regulations 2003,2005 and 2006 I believe I have a case to pursue to obtain my ILR which I was denied in June 2010 due to poor Representations and also I had no clue of any immigration laws and Regulations at that time only relied of my rep. The real issue is we were given Leave to Remain in 12 March 2015 base on Article 8 through my 14 years old daughter ( 7 years Rule Concession) who came to join me with her mother in September 2003 after a long legal battle Represented by a reputable firm. We won the case (Leave to Remain) at the First Tier Tribunal on 29 June 2014 but Home Office decided to appeal so the case was in Upper Tribunal this year after two sittings which did not yield any results and was adjourned on 27 Feb 2015 for further notice after I raised the issue that I had an outstanding application with the Home Office that was not dealt with. Whiles we are waiting the Home Office performed a U-turn and issued us with the Leave to Remain to be renewed 4 times on 2 and half years bases after which we can apply for ILR. Please Note: About the outstanding application which I think HO did not deal with it. if I am wrong please advice: 1. My last leave to Remain as a Student was expiring in 30 June 2010. so I applied for ILR alone on 10 June 2010 using SET(O) paid the required fees of £840 and acknowledge letter received from HO. 2. On 29 June 2010 I applied for Leave to Remain for my self and 3 dependants (wife and 2 daughters now 14 and 5 years respectively). Also, paid required separate fees of £751 and acknowledge letter received from HO. 3. on 26 July HO refused my ILR based on gap in residency in 2005, 2006 and 2009 due to payment issues. 4. Only 2009 that had 2 problems: one is payment and two is 4 days overstayed according to HO. 5. In 2009 my Student visa expired on 23 January 2009 so I submitted my application with College enrolment letter dated 22/01/2009 and the Cheque for payment also dated 22/01/2009 and posted the application to HO on that same day 22/01/2009 but HO claimed to receive my application on 27/01/2009. unfortunately, I could not and cannot find the proof of postage, but as for the payment HO claimed I paid with Credit/debit Card which was not true. I paid with cheque and I made photocopy of that application and the Cheque and I still have them. 6. On 16 August 2010 a lady called from HO to enquire about the second application (29 June 2010) and I said to her is for Leave to Remain/Discretionary Leave to Remain. She then ask me if I would appeal against the ILR refusal? I said to her I have given the refusal letter to my Solicitor. So she ask me to find out and that she would call again next day. I contacted my solicitor who said the appeal is done because the deadline was 10/08/2010. But the HO lady did not call again. At the moment, although HO had issued us with Leave to Remain but case is still in Upper Tribunal and the Tribunal want to know if there is any case that I want to pursue because the Tribunal is aware of HO U-turn. 1. My question is can I raise my ILR issue again? 2. Do I still have outstanding application? 3. Do I have a case of success in my ILR claim? 4. How do I go about this if I choose to pursue it? Please your advice needed and thanks for reading this lengthy story. God Bless you all.
  2. Hello Folks, I would like guidance and how I can help a work colleague, who is out of pocket by £750. My colleague applied for same day service “POE” premium service, for a Visa extension, but due to the unavailability of the UK BA IT system, they were unable to progress the application on the same day and actually took about 4 weeks to process. This is a similar time-frame as if he and his wife applied for the normal postal application service. The fee is £1000 for UK BA postal service The premier service is £1500 The difference between the premier service and the postal one is £750 for both of them. Understandably, my colleague called the UK BA customer service about this, who advised my colleague that because his application was not processed the same day (“POE” premium service) that he can claim the difference back and that this could be done via post. My colleague has sent a letter explaining the above and asking for the appropriate refund, as instructed by the UK BA customer service, however, nobody has responded to this after approximately 3 weeks (not even a courtesy note advising it is being investigated). My colleague has researched this and has spoken to others in a same predicament AND circumstances, who are also awaiting responses. Please could anyone advise on how my colleague can pursue his refund and where does he stand on this as it seems a clear failure to provide the services paid for. Regards,
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