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Confusion about set lr refuse.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Panchalalex
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Posts: 3
Joined: Tue Nov 28, 2017 4:40 pm
India

Confusion about set lr refuse.

Post by Panchalalex » Tue Nov 28, 2017 5:03 pm

Hi all.
Recently I refuse my indefinite leave to remain 10 years route. Here my all history.
I came as student July 2007 to 30/09/2009 then 1st extain 10/09/2009 to 17/04/2011 then 2nd extain 21/02/2011 to 14/06/2014 then 3rd extain 09/05/2014 to 19/09/2015 but unfortunately college curtail on 16/02/2015 before 60days finish I apply flr fp with my wife and my daughter which was refuse 30/04/2015 with appeal right. I am going for appeal 13/05/2015 and appeal dismissed 18/10/2016 after go upper tribunal was exhausted on 28/04/2017 after apply for set lr.
Now on refuse letter said your 2nd extaintion was curtailed on 04/05/2012 but I didn't get 60days latter and the latter goes back to home office. So they said you are illegal between may 2012 to may 2014. So my question is if I am illegal then how can they issue 3rd time visa issue with my wife as well? And why they mention about curlailment after 5 years? ? We go for pre protocol but also refuse so now we decide to go JR.
Can anyone tell me about my case what I am going to do?? Still my wife and my daughter I put temporary flr fp application.
Please help me on this
Thanks

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zimba
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Re: Confusion about set lr refuse.

Post by zimba » Tue Nov 28, 2017 6:54 pm

You case is similar to the Upper Tribunal case of Syed (curtailment of leave)
I think you have a very good chance of winning against the HO's decision. The guide on curtailment procedures says
You must exercise caution when dealing with cases where the Home Office curtailed leave to 60 days before 12 July 2013 because the Home Office must be able to show that the migrant received the curtailment notice.
A Home Office caseworker may previously have decided to curtail the duration of a migrant’s leave to remain, giving them 60 days of extant leave to allow them either to leave the UK or apply to vary their leave before their existing leave expires.
Following the expiry of this 60-day period, if no application has been made and the migrant does not leave the UK, they become an overstayer. However, for the curtailment to be effective it is essential that the notice of curtailment was properly served.

Where a 60 day curtailment notice was sent before 12 July 2013, the onus is on the Home Office to show that, on the balance of probabilities the notice was properly served. Therefore you must make the following checks to satisfy yourself that the notice was properly served and is effective. A curtailment notice has not been properly served (and is not effective) if Home Office records show that either:
• the notice of curtailment to 60 days was served ‘to file’ or returned by post as undeliverable
• there is evidence showing the notice was not received by the migrant
So HO needs to prove that notice was properly served to you and also explain why your subsequent application was approved if they claim you were in fact an overstayer.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Panchalalex
Newly Registered
Posts: 3
Joined: Tue Nov 28, 2017 4:40 pm
India

Re: Confusion about set lr refuse.

Post by Panchalalex » Wed Nov 29, 2017 8:47 am

Thanks dear for information.

Panchalalex
Newly Registered
Posts: 3
Joined: Tue Nov 28, 2017 4:40 pm
India

Re: Confusion about set lr refuse.

Post by Panchalalex » Fri Mar 16, 2018 10:44 am

Hi to all. My ilr refuse November 2017 after apply for JR. The confirmation comes on 14th December 2017 and yesterday complete 3month but nothing comes from JR. My lawyer talk to the GLD case worker and he agreed them fault. He said I accept our mistake to taken this decision so give some time I will dicuss with the HO. And let you know by letter. But still didn't comes from JR and GLD. I am very upset they are wasting my time. I got my family here I don't know this stage what can I do??
Please anyone give advice please.

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