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peekay69

Indefinite to Remain in UK since June 2010

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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.

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UPDATE OF MY CASE AFTER UPPER TRIBUNAL HEARING

 

 

Hello Everyone,

 

I am writing to update everyone following my case and to listen to advice of next plan of action or if there are other options available to me as per my situation.

 

We had a hearing at Upper Tribunal as I have explained in my previous Thread above.

I represented myself by preparing the bundles with all the necessary supporting evidence to claim my ILR as per the Links to my post above.

 

1. The Home office Presenting Officer submitted that there was no application or immigration decision made in relation to ILR in these set of appeals that could lead to a re-opening of this issue (2010 refused application)

 

2. The Upper Tribunal Judge also concluded that because the Home Office have given us Leave to Remain (appendix FM and 276ADE) in between the hearing HO had taken away his powers and there was no case before him to judge. However, I can still make a fresh ILR application to the HO.

3. The HOPO also said the same thing that I can make a fresh ILR application.

 

However, when I asked both of them how soon can I make such an application, they both did not give me straight forward answer but they said I should consult a professional Solicitor.

 

So, friends I am here to seek advise from you all because I got all the best info from this forum.

 

1. Please what are my options now?

 

2. Can I do a fresh ILR application now or

 

3. I have to wait till end of my 2 and half years (September 2017) Leave to Remain then I can apply for ILR?

 

Please People help I am short of ideas !!!!!!!!!!!!

 

Thanks.

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Well done for getting this far, especially as you are representing yourself.

 

I will see if any of the site team can help.


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Think you will need to find a UK charity that deals with such immigration issues and to see what help they can provide. They may be able to put you in touch with legal experts that deal with the applications you are seeking to make.. My understanding is that this a complex area of law and you need someone that deals with it on a daily basis.

 

https://www.gov.uk/find-an-immigration-adviser/search-for-an-adviser


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Well done for getting this far, especially as you are representing yourself.

 

I will see if any of the site team can help.

 

Hello citizenB,

 

Thanks for your reply and encouragement. Any help is highly appreciated.

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Hello citizenB,

 

Thanks for your reply and encouragement. Any help is highly appreciated.

 

You will need to sit down with an expert on immigration, so they can review your exact situation. They will want to see any documents that you have.

 

I very much doubt you will find someone on this site who is an expert on immigration and who is able to support you with your application.

 

In my last post, i posted a link to a UK government website, where it lists where you can find expert help. You should start to make a few phone calls to find the help you need.


We could do with some help from you.

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Hello unclebulgaria,

 

Thank you very much for your reply and the link provided, is very helpful. I will definitely get in touch with the Charity organisations you suggested.

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You will need to sit down with an expert on immigration, so they can review your exact situation. They will want to see any documents that you have.

 

I very much doubt you will find someone on this site who is an expert on immigration and who is able to support you with your application.

 

In my last post, i posted a link to a UK government website, where it lists where you can find expert help. You should start to make a few phone calls to find the help you need.

 

Yes, I will do that as you advised. I will also update you all about the outcome.

 

Thank you very much.

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