ILR Long Residence Help

[mwk]

Hello everyone,


Due to huge gap on regular basis on my Visa's i never had a plan to apply for "ILR 10 Year long residence Application" But recently one of my friend advised me to go ahead & give it a chance, because in recent time few applications got approved, instead of huge gaps in their applications.


Currently i have a valid visa of 'Tier 1 (Entrepreneur) visa' which will expire in 'March 2017' I arrived in the UK March 2006 on student Visa, reasons for my absence are quite genuine.

In 2010 had to leave back to look after my mother who fell ill & was hospitalized for 4-5 months, so my visa got expired during that period, then i made a fresh application & back to UK in 2011.

In 2014 Sep again had to go back to look after my dad this time & almost spent a year there & back in Aug 2015.

Keeping above facts in mind what are the chance of getting my Visa approved ? Any help/advise will be appreciated. Does new fresh application during 10 year long residence break continuity ?

Thank You

[geriatrix]

For anyone to provide a meaningful response, please provide:
1. dates of expiry of previous leave,
2. dates of exit from UK,
3. dates of new EC applications,
4. dates of enrtry in UK with newly issued ECs.
concerning these two absences you refer to.

And, don't shout .... not even in the titles!

[CR001]

For ILR based on 10 years long residence, any absence of more than 6 months breaks your continuous residence, so 2014/2015 absence would be a problem.

[geriatrix]

Ah! I missed noting that.
Thx, CR001.

So yes, continuity of residence is definitely broken.

[mwk]

Hello everyone,

I applied for ILR Long Residence (10 years) SET (LR) in the month of Feb 2017. Been waiting for over 6 months, recently on 14th September it was updated as Decided but i didn't receive decision nor any documents returned.I believe its been refused because Last Friday on 6-10-2017 i received below email which is probably from Home Office. I did call home office on one of their contact number to confirm email authenticity plus to find out about decision letter and documents. Just need to know if you have any other contact number to get my docs decision letter back & can home office deport me since its over 14 days period now though i didn't receive anything. As i need to exercise JR and appeal right if i had one.

Please help

Thank You

Email -
Notice: No right to remain in the UK
Dear *******
YOUR VISA / LEAVE TO REMAIN IN THE UK EXPIRED ON 15 SEPTEMBER 2017
Our records show that you no longer have the right to remain in the UK. We believe you have not left the UK. You must now leave the country.
If you think there are reasons why we should allow you to stay in the UK you must tell us now.
Staying in the UK after your leave expires is a serious offence. If you do stay you could be prosecuted under the Immigration Act 1971.
You could face penalties. For example:
you can be banned from returning to the UK for up to 10 years, which may make it difficult for you to do business here or visit family
you can be imprisoned for up to 6 months
you can be fined up to £5,000 (unlimited fine in England & Wales)
you will not be allowed to work
you will not be able to rent private accommodation in England
you will not be able to claim any benefits and you may be prosecuted if you try to
you will be charged by the NHS for certain medical treatments
you will be unable to open a new bank account
you will be prevented from driving by having any UK driving licence cancelled.
If you have recently left the UK, applied to extend your stay or think some of your information is not correct tell us now.
If you need help to leave the UK, read our guide to returning home (https://www.gov.uk/return-home-voluntarily).
We will continue to monitor your case. If you do not leave the UK or take action to be in the UK legally, we will begin enforcement action against you.

Thank you,

Immigration Enforcement

[CR001]

I have merged your topic today with the one from last year where you explain your substantial absences.

This is very likely the reason for refusal, if your application was refused.

[mwk]

I have merged your topic today with the one from last year where you explain your substantial absences.

This is very likely the reason for refusal, if your application was refused.

Hi there,

Yes that seems to be correct as i had a huge gap and chances of acceptance was almost impossible, but could you please tell how can i get them to return my documents and decision letter back, so at least i can exercise JR right or if i had appeal right can at least exercise that as well. I spoke to someone on home office contact number and inquired about email authenticity and to return my docs and decision letter, and they said they don't know and they don't send such emails. Can i get any other contact number or email so i contact them.

Thank You

[CR001]

Unlikely you will get your documents back as your visa has expired. A decision letter could still be on its way if HO have all your correct address details.

Have you changed address or anything like that or applied through a solicitor?

What email address did the email come from??

[mwk]

Unlikely you will get your documents back as your visa has expired. A decision letter could still be on its way if HO have all your correct address details.

Have you changed address or anything like that or applied through a solicitor?

What email address did the email come from??

Hi

Yes the address is correct as i received biometric on the same present address & its never been changed. And i received email on the email address that i am been using from the first day, even all application updates been sent every month on the same email. Just to know does my 14 days leaving country period starts from the day i receive letter and docs back and am i safe from forceful expelling till that time? Because there is no sign of the documents and letter yet.

Thank You

[CR001]

You won't get your documents back. They will likely only be given to you at the airport when you leave.

[mwk]

You won't get your documents back. They will likely only be given to you at the airport when you leave.

Hi there,

Does that mean i can't even go for the JR or appeal (if been given) ? Or can that be done on the basis of decision letter without my documents ? The only thing is that i don't want to be in any mess, spent a respectful life here in UK and all these years was never been involved in something fishy nor want to be illegal & as i mentioned in last query my 14 days period will start from the day i receive decision letter ? Thanks for taking out time and replying back.

Thank You

[CR001]

Does that mean i can't even go for the JR or appeal (if been given) ?

When you get the letter, it will tell you if you have an 'in country' or 'out of country' appeal right, IF you are given appeal right. JR is a process outside of the immigration rules.

Or can that be done on the basis of decision letter without my documents ?

Yes it can.

The only thing is that i don't want to be in any mess, spent a respectful life here in UK and all these years was never been involved in something fishy nor want to be illegal & as i mentioned in last query my 14 days period will start from the day i receive decision letter ?

I understand it starts from the date of the decision letter. Do you have any correspondence from HO since you applied for ILR in February that you can contact your caseworker?

[mwk]

Does that mean i can't even go for the JR or appeal (if been given) ?

When you get the letter, it will tell you if you have an 'in country' or 'out of country' appeal right, IF you are given appeal right. JR is a process outside of the immigration rules.

Or can that be done on the basis of decision letter without my documents ?

Yes it can.

The only thing is that i don't want to be in any mess, spent a respectful life here in UK and all these years was never been involved in something fishy nor want to be illegal & as i mentioned in last query my 14 days period will start from the day i receive decision letter ?

I understand it starts from the date of the decision letter. Do you have any correspondence from HO since you applied for ILR in February that you can contact your caseworker?

Hi,

No nothing, nothing at all. Just been sent a following regular email for 5-6 months from hocommunications@communications.homeoffice.gov.uk> and received above "Notice: No right to remain in the UK" email from the same email address as well this last Friday. So i think i need to wait another few working days to see if i receive a decision letter.

Home Office application
Dear *****,
Case ID: 2******,
We are emailing you to confirm that your recent Home Office application is still under consideration and we expect to make a decision within 6 months of the date of your application, which is our service standard. If we are unable to process your application within 6 months we will tell you as soon as possible.
Our web page contains further information about our service standards and other information that you may find helpful with regard to your application.
If there is a change in your circumstances, please contact us using this link: https://www.gov.uk/change-circumstances-visa-brp
You will be notified of the outcome of your application in writing.

Please note that this is an automated mailbox and does not accept responses. Please do not reply to this email.
Permanent migration team

Thanks Again!

[mwk]

Hello there,

I have applied for ILR Long Residence application in time on 17/2/17. Application was refused on 19 Oct 2017 due to long gaps which was fair enough with an appeal right outside UK. I went for the Pre Action Protocol within time frame but it was also dismissed. I then applied for FLR(LR) on solicitor advice within time limit which was also refused this week.

My Question: As i am planning to leave UK as my long residence history is messed up and there isn't any hope in JR or any other way, but have plans to come back in future on any other visa category. Since my FLR(LR) is recently been refused and its also mentioned in refusal letter that ...

"(ii) Compliance with any conditions attached to any previous grant of leave to enter or
remain and compliance with any conditions of temporary admission or immigration
bail where applicable.

Regard has given to your compliance. It is noted that you have remained in the UK unlawfully since 20 OCT 2017 (ILR refusal date). It is considered that your personal history. character. conduct and employment record are not sufficiently compelling to justify allowing you to remain in the UK."

Can someone explain above statement ? And can i still exercise 28 days appeal right outside UK ? And if i am unlawful as per this statement though i have sent and exercised all available (Pre Action Protocol) (FLR-LR) in time. Does that make me overstay ? And do i have to wait for one year to apply for new application from home country ?

Any help would be great.

Thank You

[zimba]

You have been overstaying for nearly a year which leads to an automatic re-entry ban and possible refusals in the future. You should have left the UK after refusal and tried your chances then. By staying in the UK you essentially made it very difficult to ever get visa again and come back

[mwk]

Hi there,

My ILR(LR) application refused with appeal right given outside UK. Can i hire a solicitor here in UK and leave all docs with him to file appeal right for me inside UK once i leave the UK ? Or do i need to file it outside UK and it can't be done here ?

Thank You

[zimba]

I merged all your topics so that your history of immigration and SET(LR) is clear.
You can let a solicitor in the UK represent your case here. Remember that you have only 28 days to apply and you must leave the UK soon before that deadline. Unfortunately as far as I can see and in my opinion, you do not have a case to get ILR under long residence so the appeal process might be a waste of money

[mwk]

I merged all your topics so that your history of immigration and SET(LR) is clear.
You can let a solicitor in the UK represent your case here. Remember that you have only 28 days to apply and you must leave the UK soon before that deadline. Unfortunately as far as I can see and in my opinion, you do not have a case to get ILR under long residence so the appeal process might be a waste of money

Hi there,

Thanks for taking out time Zimba and replying back to my message. Just few query:
1) Can i apply for the appeal myself outside UK without any solicitor help ?
2) Is there any member/examples on this forum got their ILR(LR) appeal accepted from outside UK ?

Thanks again!

Regard's

[zimba]

1) Can i apply for the appeal myself outside UK without any solicitor help ?

You can represent yourself on appeal if you choose to however as you have to appeal after leaving the UK, then who is going to represent you in the court here ???! Appeal process can be highly technical and a lawyer will have to be able to recognise any errors in law or procedure that you may not know about

2) Is there any member/examples on this forum got their ILR(LR) appeal accepted from outside UK ?

I do not know any cases. I repeat again that your case is weak as far as I see it

[mwk]

1) Can i apply for the appeal myself outside UK without any solicitor help ?

You can represent yourself on appeal if you choose to however as you have to appeal after leaving the UK, then who is going to represent you in the court here ???! Appeal process can be highly technical and a lawyer will have to be able to recognise any errors in law or procedure that you may not know about

2) Is there any member/examples on this forum got their ILR(LR) appeal accepted from outside UK ?

I do not know any cases. I repeat again that your case is weak as far as I see it

Hi there,

Thanks for the help. Just a short query if you can help with. Since my FLR(LR) is recently refused 2 weeks ago and i am planning to leave country voluntarily in week time. I'm bit worried about my existing status in the UK if it will be regarded as overstay or not ? Since i applied for every application in time. After ILR(lr) refusal i was given 28 days to leave with right of appeal from outside UK but i went for FLR(LR). And now after FLR(LR) refusal which they refused on the basis that i didn't provide any extra or further evidence to claim for my stay in UK on human right basis. Also after FLR refusal i was sent a notification of grant/variation of immigration bail from Dallas court and asked to report Dallas court once in 2 weeks.

Question: Why i am been sent this notification ?
2- And since i am leaving country within 28 days of FLR(LR) refusal would this effect my future entry into UK ? And does 28 days period to leave country after FLR(LR) still applies though not mentioned in FLR(LR) refusal.
3- B/w i was never been illegal in this country. Just for the first time facing all these problems.

Thank You

[zimba]

I explained above that you have been overstaying for over a year which leads to automatic re-entry bans. You applied for FLR as an overstayer and remained as such until now.

https://assets.publishing.service.gov.u ... ans-v7.pdf