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ILR under HSMP ILR Judicial Review denied

Posted: Fri Jun 22, 2012 12:27 pm
by ea64
After six months of wait the UKBA rejected my ILR application on the grounds that I have a single trip of 99 days and hence I broke the continuous residency requirement. I'm planning to appeal under compassionate grounds as I went on pilgrimage after having my wedding called off. Has anyone come across a successful appeal on such type of grounds?

Also, I am looking now for legal assistance and have check in the legal aid website and seems I am entitled to it. If you know reliable lawyers that could work on my appeal please let me know

Thanks!

Posted: Fri Jun 22, 2012 1:20 pm
by geriatrix
Making a pilgrimage, a decision to travel that you made voluntarily, is not a "compassionate" reason for your single absence of >90 days to be disregarded.

If given the right to appeal, then:
1. If you do appeal within the stipulated time (as given in the refusal letter) then your leave will remain extant under section 3C until all appeal options are exhausted.
2. If you do not appeal within the stipulated time, you will become an overstayer the day after the end date given for you to submit an appeal.

Posted: Fri Jun 22, 2012 2:45 pm
by ea64
you refer to section 3C of which document?
Thank you sushdmehta!

Posted: Fri Jun 22, 2012 2:58 pm
by geriatrix