Immigrationboards.com

I applied for ILR on basis of 14 years stay in the UK ( illegal as student overstayer).
I received a limited one for two years.
I am not complaining here, but I need to know if I will be allowed to apply for ILR in two years.
Still I am happy with having the right to travel and work for now.

why was your application for ILR refused?

Did you not satisfy the KOL requirements?

There were two periods in which i couldn't provide evidence of my residence:
1 year and 6 months
3 years and 10 months

Before they refused my ILR they requested the rest of documents so I told them I was renting places with no bills and any correspondence and couldn't provide any further proofs.

They said, now, they are satisfied that I haven't accrued 14 years and so I am here for another two years as a favor and may be they will reconsider my case and shorten the given 2 year limited leave to remain

Right now I feel gutted. All 15 years of misery were off the record.
They could see in my passport I haven't been abroad and as an illegal , how can have bills and document as the rest of people?

I have no clue where to go from here. I have to accumulate another 6 years to reapply for an ILR and by then I will be a very happy old man

Did you pass the KOL as vinny asked?

If you have and your passport shows when you came to the UK and you have notary people who can attest to your presence, i will strongly recommend a JR, as you never know whats round the corber in 2 years.

Obie wrote:Did you pass the KOL as vinny asked?

If you have and your passport shows when you came to the UK and you have notary people who can attest to your presence, i will strongly recommend a JR, as you never know whats round the corber in 2 years.

I passed Life In The UK in less than 2 mins and I am sure I answered all questions correctly.

I believe the reason behind giving me 2 years discretionary leave to remain and as they said "outside the immigration rules" is to stop me from appealing their decision as they stated in their letter

Am I still entitled to go to court to dispute their decision?

Thanks

This is abuse of power, the rules for long residence states that discretionary leave should not be granted except when the person meets all the requirements except the KOL.

To give you DLR as a means of preventing you from appealing, an appeal i feel you have an excellent prospect of winning, seems wrong in my view.

I believe you should send them a Pre action protocol and threaten a JR if the decision us not reconsidered

Obie wrote:This is abuse of power, the rules for long residence states that discretionary leave should not be granted except when the person meets all the requirements except the KOL.

To give you DLR as a means of preventing you from appealing, an appeal i feel you have an excellent prospect of winning, seems wrong in my view.

I believe you should send them a Pre action protocol and threaten a JR if the decision us not reconsidered

Thanks Obie, that made feel better.

Obie wrote:This is abuse of power, the rules for long residence states that discretionary leave should not be granted except when the person meets all the requirements except the KOL.

To give you DLR as a means of preventing you from appealing, an appeal i feel you have an excellent prospect of winning, seems wrong in my view.

I believe you should send them a Pre action protocol and threaten a JR if the decision us not reconsidered

Presuming the OP didn't have leave when he made his ILR application, he would not have been granted an automatic right of appeal had his application been refused and no DLR granted, unless the refusal was accompanied by a decision to remove - which we know from case lawdoesn't happen.

The rules may say when further leave to remain on the grounds of long residence will be granted under the rules, but given that the OP has been granted Discretionary leave, this suggests the leave has been granted outside of the rules.

I can't see how it can be said that the OP has a excellent prospect if winning a judicial review of the decision (and thus an excellent prospect of successfully arguing that the decison to refuse him ILR and grant DLR is so unreasonable that no unreasonable decision maker would've come to the same decision), when the OP has failed to provide evidence that he was resident in the UK for 5.5 years of the 14 year period in question.

There's no point sending a PAP letter unless you fully intend, and have the resourses to apply for JR if the PAP letter goes under answered or the situation is not resolved. Before considering going down this route you need to seek advice from a compentent immigration solicitor (not an OISC advisor as they cannot apply for JR) for a advice on the merits of such an application.