10 years route ILR - Refused

[sadaqat-uk]

Hello guys,
Kindly advise on the following situation of 10 years route ILR - Refused.
I came to UK in October 2006.
After finishing post graduation in 2011.
-Tier 2 (General) in November 2011.
-Tier 2 (General) Extension in November 2014 (visa was valid until 04 December 2017)
-Tier 2 Sponsor's license was revoked in 2015, and got curtailment valid until 04 December 2015.
- Applied for an EEA (EFM) Residence Card on 05 December 2015, how ever application was rejected on 17 Feb 2016 on the basis of Bio metrics were not received, (I never received bio metrics letter), So I applied with the same EEA (EFM) application on 23 Feb 2016 with covering letter about biometrics never received.
- Application of 23 Feb 2016 EEA (EFM) was refused on 21 August 2016.
-Applied for FLR (LR) on 15 Sept 2016, however on 11 Nov 2016 - I varied application to SET (LR).
-- Just to add here my wife came on spouse visa in July 2014, and her visa was also extended in Nov 2014.
and I applied EEA (EFM) for her too, and I applied FLR (O) for her with my FLR (LR) application on 15 Sept 2016.

My application was refused on 21 Mar 2017 with the following points - Although they have given me appeal right but it has to be appealed from outside the UK.
- Consideration has been given to your application and it is noted from the above immigration history that, following the curtailment of your previous leave to remain on 06 December 2016, you have not had valid leave in any capacity.
Your leave was curtailed to expire on 06 Dec 2016 and although it is noted that you made two subsequent applications for an EEA Residence card on 05 Dec 2015 and 23 Feb 2016 respectively, it must be pointed out that EEA Residence is a right to reside rather than a grant of leave. Therefore, your leave by virtue of 3C of the immigration Act 1971 is not continued through the consideration period of your applications for an EEA Residence Card.
Consequently, you have been in UK without valid leave in any capacity since 06 Dec 2015.
With this in mind, you have not demonstrated ten years continuous lawful residence and cannot satisfy the requirement of Paragraph 276B(i)(a) and (v).
Your application has been considered on the basis of your family and private life in the UK under Appendix FM to and paragraphs 276ADE(1) of the immigration rules, and outside the rules on the basis of exceptional circumstances.

Request, please guys advise what grounds can be perfect to go for JR.

[vinny]

See also Policy on Section 3C leave and EEA applications.

Unfortunately, your Long residence application cannot succeed without the success of your EEA(EFM) application.

[yhm75]

Hi
Why you applied EEA

Solicitor gave u advice ?

[sadaqat-uk]

Yes, Solicitor advised me.

[sadaqat-uk]

Hi Vinny,
What are other ways / solutions to have further leave to remain in UK ?
Please advise,
Thank you for your above information.

[CR001]

Hi Vinny,
What are other ways / solutions to have further leave to remain in UK ?
Please advise,
Thank you for your above information.

If HO refused you even after this piece below, then there doesn't appear to be any route for you and that is besides the fact that you have been an overstayer since December 2015.

Your application has been considered on the basis of your family and private life in the UK under Appendix FM to and paragraphs 276ADE(1) of the immigration rules, and outside the rules on the basis of exceptional circumstances.

[sadaqat-uk]

Thank you CR001,
So, I must go for JR, that's the only way to try the luck ?
I have been living in the country for last 10.5 years.
Guys, kindly advise any suggestions.
Thanks

[CR001]

Why do you think JR will be successful?

You have a long period of no valid leave and no section 3C cover.

Who was the EU citizen that you based your EEA FM application on?

[sadaqat-uk]

Hi CR001,
EEA FM was my aunt.

[CR001]

Hi CR001,
EEA FM was my aunt.

And what were the reason HO refused it? Lack of dependency proof??

[sadaqat-uk]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

[Nzekells]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

Did HO expressly require ORIGINAL passport of EU sponsor for the application?

[CR001]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

Did HO expressly require ORIGINAL passport of EU sponsor for the application?

Yes, it is required for EEA FM to send original passport of EU sponsor.

[Nzekells]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

Did HO expressly require ORIGINAL passport of EU sponsor for the application?

Yes, it is required for EEA FM to send original passport of EU sponsor.

That tightens it for the HO then. Main worry is they considered Family and Private Life + ex-rules before refusal. Only OP knows exactly what circumstances he portrayed in his application, which might form grounds for a chance at JR.

@Sadaqat, if you try to argue on the basis of the EU-sponsor passport copy, the refusals are likely to continue. As is obvious, the refusal of the EEA application blew a deep hole in ur 3C bridge. I would suggest that any representation you will be/insist on making should focus on ex-rules/exceptional circumstances dynamics. How that happens ultimately depends on the 'compellingness' and 'believability' of your story. But then again, remember you cannot just pluck any story from the air now unless you gave pointers in your given circumstances. If your approach to S120 Notice at your SET(LR) application stage is broad enough and can accommodate wriggle room, then it might be the way to go. Good luck.

[vinny]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

Reapply for EEA(EFM) with aunt's original passport?

[sadaqat-uk]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

Reapply for EEA(EFM) with aunt's original passport?

You mean, I should reapply now with original passport of EU Aunty ?

[vinny]

Indeed. Why didn't you reapply, immediately after they had refused the EEA(EFM)? Do you think that you are eligible or not? If not, then there is practically no chance of your eligibility under Long residence.

[sadaqat-uk]

Hi CR001,
All the mentioned in refusal letter for application of EEA (FM), that you did not provide original passport of EU person, and didn't give enough proof of Why you did not send original passport, I sent photocopy of passport.
No other reason was mentioned in refusal of EEA (FM) application.
Thank you CR001.

Did HO expressly require ORIGINAL passport of EU sponsor for the application?

Yes, it is required for EEA FM to send original passport of EU sponsor.

That tightens it for the HO then. Main worry is they considered Family and Private Life + ex-rules before refusal. Only OP knows exactly what circumstances he portrayed in his application, which might form grounds for a chance at JR.

@Sadaqat, if you try to argue on the basis of the EU-sponsor passport copy, the refusals are likely to continue. As is obvious, the refusal of the EEA application blew a deep hole in ur 3C bridge. I would suggest that any representation you will be/insist on making should focus on ex-rules/exceptional circumstances dynamics. How that happens ultimately depends on the 'compellingness' and 'believability' of your story. But then again, remember you cannot just pluck any story from the air now unless you gave pointers in your given circumstances. If your approach to S120 Notice at your SET(LR) application stage is broad enough and can accommodate wriggle room, then it might be the way to go. Good luck.[/quote]

[sadaqat-uk]

Thank you Nzekells, for reminding me about S120 Notice.
Today, I have visited one of the Solicitor,
He wants to see both EEA (EFM) application rejection that came in Feb 2016 on the basis of not enrolling Biometrics, and second EEA (EFM) application refusal letter that came in August 2016. So he can advise me what are the future's chances of this case.
He also mentioned me that, he will quickly send PAP (Pre Action Protocol) correspondence requesting HO to grant appeal right in UK (at the moment I have been given appeal right but out of the country).
Above is the first of all course of action, solicitor wants to take asap.

[vinny]

On what basis is he asking for appeal rights in the UK?

[sadaqat-uk]

On what basis is he asking for appeal rights in the UK?

No, he was wrong, now he says, that I should submit application of human rights FLR (O), and also do JR of existing decision.

[CR001]

No, he was wrong, now he says, that I should submit application of human rights FLR (O), and also do JR of existing decision.

There is no longer an FLR(O) form.

It is either FLR(HRO) or FLR(IR).

https://www.gov.uk/government/publicati ... -uk-flrhro

https://www.gov.uk/government/publicati ... e-uk-flrir

[sadaqat-uk]

No, he was wrong, now he says, that I should submit application of human rights FLR (O), and also do JR of existing decision.

There is no longer an FLR(O) form.

It is either FLR(HRO) or FLR(IR).

https://www.gov.uk/government/publicati ... -uk-flrhro

https://www.gov.uk/government/publicati ... e-uk-flrir

Thank you CR001 for the information