Complicated Situation ILR - Urgent Help Needed Please

[Genius00_1]

Can you post the exact wording of the refusal letter (taking out all personal information)?

Sorry for the LONG delay in responding to your request. The ILR refusal letter is very long, but the refusal comment states:

With reference to your immigration history above you did not hold any valid leave to enter or leave to remain from 30 April 2013 this was when your 180 days entitlement on the multi entry visa ceased. On -- March 2014 you were issued with a residence card as the spouse of EEA national, however your former partner naturalised on -- June 2014, therefore was a British citizen from that date. As your former partner was no longer exercising her treaty rights and application under the spouse category should have been submitted, you do not have any valid leave, therefore incurring a breach from when your former partner became a British citizen in June 2014. Therefore you fail to meet the requirements of paragraph 276B(i)(a) of the immigration rules.

Additionally, as these periods of leave were in excess of 28 days you cannot meet the requirements of 276D with reference to paragraph 276B(i)(a) and paragraph 276B(v) of HC395 (as amended).

However, a more recent letter returning my passports from the Home Office contradicts the ILR refusal ground by confirming that I have a valid leave to remain in the UK.

Thank you for your correspondence of ----- 2017, in which you requested for your documents.

These documents were previously retained under Sect 17 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004.

As you have valid leave to remain in the UK, I am returning the document to you.

Yours sincerely,

Do you think I can turn this around with the two contradicting letters.

[vinny]

With reference to your immigration history above you did not hold any valid leave to enter or leave to remain from 30 April 2013 this was when your 180 days entitlement on the multi entry visa ceased. On -- March 2014 you were issued with a residence card as the spouse of EEA national, however your former partner naturalised on -- June 2014, therefore was a British citizen from that date. As your former partner was no longer exercising her treaty rights and application under the spouse category should have been submitted, you do not have any valid leave, therefore incurring a breach from when your former partner became a British citizen in June 2014. Therefore you fail to meet the requirements of paragraph 276B(i)(a) of the immigration rules.

Since then, there was this judgment.

[Genius00_1]

With reference to your immigration history above you did not hold any valid leave to enter or leave to remain from 30 April 2013 this was when your 180 days entitlement on the multi entry visa ceased. On -- March 2014 you were issued with a residence card as the spouse of EEA national, however your former partner naturalised on -- June 2014, therefore was a British citizen from that date. As your former partner was no longer exercising her treaty rights and application under the spouse category should have been submitted, you do not have any valid leave, therefore incurring a breach from when your former partner became a British citizen in June 2014. Therefore you fail to meet the requirements of paragraph 276B(i)(a) of the immigration rules.

Since then, there was this judgment.

Thank you very much. Can this affect/change the decision of my ILR application?

[vinny]

I think the judgment nullified their quoted premise.

[Genius00_1]

Your EEA rights start from the date you married (if you married in the UK).

Many thanks. Can you please refer me to the relevant section of the law for me to please consult?