URGENT ILR Refusal Help!!

[Jaylith]

Hi All,

My brother attended a Premium same day service to apply for his ILR through the UK Ancestry route. He has been refused because:

1. He overlooked the fact that he had to have completed an English qualification at B1 Level which he has not done.
2. His limited leave to remain visa expired on 6th May 2014. This was more than 28 days ago.

He was only able to apply today because of the long process of being able to book a same day appointment and also because he took several attempts to pass the Life in the UK test.

He attended his appointment and went to the Officer at the front desk to register his attendance etc. The Officer saw his paperwork etc and stated that he will be refused anyway because its 28 days passed his expired limited leave to remain visa and then my brother said well do not process this then but they did against its wishes initally.

Regardless, the outcome is he has been refused, loses his money for application costs, has had his passport confiscated and he now has to go through the process of contacting the local Enforcement Team etc to discuss his 'removal' from the UK!

Our bloody grandparents are from Scotland for peet sake! He's been here for 9 years (Ancestry visa then limited leave to remain) paying taxes etc. What are his options? The letter of refusal apparently states that he cannot appeal? Is this accurate?

I am now a British Citizen and have been through the process but surely he should be allowed to appeal, complete the English qualification (even though its our first language) and re-apply? Is he best to go and see an Immigration Solicitor straight away?

Any advice would be greatly appreciated. I think he wasx mad to leave everything so late.

Jay

[Wanderer]

I don't think you can appeal with expired leave.

To be brutally honest the blame lies solely with your brother, surely he must have known his leave had expired and it's his responsibility to ensure he meets the criteria documented in the application guidance notes.

Other than that I don't know what to suggest, maybe another ILR application outside the rules? FLR(FP)?

Wait for others' opinions....

[CR001]

Is he by any chance married to a British Citizen?? What is your brothers nationality?