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indefinite leave to remain

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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siby_1
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indefinite leave to remain

Post by siby_1 » Thu Jul 19, 2018 10:39 pm

hi ,
i had reached in UK, on 2008 aug on student visa, i extended it again to study further and it was approved in 2010 just month after the application. it expired in 2011 oct and put in for psw visa app in oct itself through solicitor, it got invalid twice in Dec 2011 and january 2012, applied again in Feb within the specific mentioned time period by HO, it was approved in 2012 aug for 2 years, then in 2014 applied and gotten the work permit and it was curtailed for some reason later. i didn't get any letters so went through the solicitor asking ho for it and they send it again. why i mentioned again is because when we got the result of subject access request, it said that they tried to deliver it to my home address. applied for flr (fp) within the specific time which was set by HO and later they claimed that i didn't go for biometric and my application was rejected as invalid and i need to apply again, which i did in 2017 march. what ever it is my solicitors also didn't get the biometric letter anyway for the first time but for this time thats in 2017 april they received it just a month after applying. went for it and was waiting.
i saw the return of 500£, NhS surcharge in my bank on 29th of june 2018 and i then went to the solicitors and nothing had yet been received they said, checked and again for me.As i don't have a life in uk test, i applied for FLR (LR) on july 2nd itself and waiting, all through the solicitors. I was about to apply for ILR in july 14th (9 yrs 11 months) actually i was waiting, but panicked when i found return of money in my bank. can anyone tell me what is going to happen for me, would i get Ilr. i don't have a full driving licence also and as i mentioned the passport is with HO
recap
aug 2008, 11th arrival on student visa
june 2010 student visa
oct 2011 psw applied- and got in aug 2012, in that 2 invalid application, reason for invalidity is one i remember is no photo/wrong photo
2014 workpermit
asked for curtailment letter as i found others had gotten it, in nov 2015, got in april 2016 and applied for flr on the last day on the curtailment period
flr invalidated as i hadn't gone for biometric as per ho , actually we didn't receive any of their invitation, and applied again in march 2017
in june 2018 got the money from nhs in bank and then applied for flr( lr) still, though i didn't get any letter of rejection from HO

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cyclina1
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Hong Kong

Re: indefinite leave to remain

Post by cyclina1 » Fri Jul 20, 2018 11:07 am

what's the ground you go for FLR (LR)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

siby_1
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Re: indefinite leave to remain

Post by siby_1 » Fri Jul 20, 2018 11:22 am

cyclina1 wrote:
Fri Jul 20, 2018 11:07 am
what's the ground you go for FLR (LR)?
because solicitors adviced me to , i reached uk in aug 2008 and as i said i got back the nhs surcharge in my account i expected something went wrong with flr(fp), i know i was only about the react the mark of 10 yrs, but with no option in hand, either ilr or flr(lr) had to be put in fast before i receive the return of the previous flr(fp) application/rejection. if you are asking what grounds i don't know, they must have done it just to get the time and reach me to that exact 10 year mark

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cyclina1
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Re: indefinite leave to remain

Post by cyclina1 » Fri Jul 20, 2018 11:42 am

I don't understand why you apply for FLR (FP) in the first place, as suggested by your solicitor, because it seems you are not possible to be success -

applied for flr (fp) within the specific time which was set by HO and later they claimed that i didn't go for biometric and my application was rejected as invalid and i need to apply again, which i did in 2017 march. what ever it is my solicitors also didn't get the biometric letter anyway for the first time but for this time thats in 2017 april they received it just a month after applying. went for it and was waiting.
i saw the return of 500£, NhS surcharge in my bank on 29th of june 2018 and i then went to the solicitors and nothing had yet been received they said, checked and again for me.

Honestly, two highlighted in yellow is quite suspicious.... I only heard the nhs surcharge refunded late after the decision, but not the opposite.

below is the criteria for FLR (FP) application, which one you can fit?

You can only apply on the basis of your private life if you’re already living in the UK.

You must be able to prove that you’re:

under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK

between 18 and 24 and you’ve lived continuously in the UK for more than half your life

18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country you’d have to go to - for example, you do not speak the language and could not learn it

25 or over and you’ve been in the UK continuously for 20 years


If you are not eligible on neither condition listed above, why your solicitor would suggest you go for FLR (FP), in the first place.

Sorry to say that but based on the info you provided, I am afraid you are the cash cow milked by your solicitor.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
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Re: indefinite leave to remain

Post by cyclina1 » Fri Jul 20, 2018 11:45 am

And FLR (LR) is not ILR, it is just the application for the extension of LIMITED leave to remain based on long residence. two years limited leave to remain will be granted if you are successful.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

siby_1
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Re: indefinite leave to remain

Post by siby_1 » Fri Jul 20, 2018 12:11 pm

i know that, but see the condition refund of nhs surcharge in bank and that means something went wrong with flr(fp). as i hadn't received a letter of rejection, the solicitors said its ok to put in a new application and we are still expecting the letter of rejection to come through and you can claim before i received it i put in a new app, ie flr(lr). there is no other option to reach me to that 10 year mark, as i said i found the money in my ban on 29th june 2018 some days short of my eligibility period of my ilr. they put the flr (fp) just to get more time and making me reach the 10 year mark. becuae my visa wp was curtailed as we lost the licence, what is then the nexxt step to stay on in uk to reach till 2018, only flr. and even the solicitors said before applying, they are not going to mention anything much in flr app as it shouldn't back bite me in future if any opportunity turns up, its just to extend the time

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cyclina1
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Re: indefinite leave to remain

Post by cyclina1 » Fri Jul 20, 2018 11:34 pm

I think you are talking about the Section 3C leave. Yes, this can help you to buy time if you submitted an in time application before your VISA expired. And however, once your application get rejected/ invalid and you are not seeking for appeal, but file new application (no matter what it is), your 3C leave end on the date your visa get rejected/ invalid. So based on your history:

flr invalidated as i hadn't gone for biometric as per ho , actually we didn't receive any of their invitation, and applied again in march 2017

your 3C leave was ended on MARCH 2017 as your first FLR (FP) was invalid and you file new application again... Now is July 2018 so technically you have no leave to remain for 1.5 years.

Even your FLR (LR) can be granted, you have such huge gap I am not sure if you can apply SET (LR) in this case, even you have stayed in the UK for 10 years.

Did the HO even return you the passport/ BRP when your first FLR (FP) get rejected/ invalid?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

siby_1
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Re: indefinite leave to remain

Post by siby_1 » Sat Jul 21, 2018 1:11 am

i don't know, all were done by solicitors, i just went to sign the application,
so what i can do in the situation, i mentioned invalidity already in 2012, did you see that, i really don't know.
all the money i had spend in uk was just to get that, even that wp cost me 9k

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cyclina1
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Re: indefinite leave to remain

Post by cyclina1 » Sat Jul 21, 2018 9:00 pm

my humble suggestion will be - get all documents/ letters back from your solicitors. I don't know why you spent so much money for just wp in 2012. 9k i cant see anywhere justified. If you always use the same solicitor, try to consult the other lawyer to get the second opinion to your case. The things happened to you, honesty, is very unusual. consult the other may spend you 100-200pounds, but it's nothing compared to what you have spent....
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

siby_1
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Re: indefinite leave to remain

Post by siby_1 » Mon Jul 23, 2018 12:04 am

we are waiting for the result of subject access requests. 9k was spend on the agent who got me the work permit, " xxxx xxxxxx" its called and xxxxxx, the director, they are recruiting nurses now, such a cheat, is the one who took the money. its not the solicitors

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cyclina1
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Re: indefinite leave to remain

Post by cyclina1 » Mon Jul 23, 2018 10:01 am

by the way, consult the other solicitor will be useful, even you don't have the letters from HO in hand, thus you know your immigration status better.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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