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Work permit dependent to ILR not granted

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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greatxander
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Joined: Sat May 14, 2011 12:03 am

Work permit dependent to ILR not granted

Post by greatxander » Mon Jul 18, 2011 2:06 am

Im seeking advice for a close friend of mine who has not been granted for ILR.  I hope you guys have time to read her case.

My friend came here in UK at age 16 under work permit dependent from her mom who has been working here for 6 years as a nurse.  They all applied for ILR after staying for 5 years under work permit but she was the only one who has not been granted because at the time they applied for ILR, she was already 21.  Her older brother was granted though.  Isn't she qualified to apply for indefinite leave too? All her relatives are settled here except for his dad who prefered to stay back in their home country due to medical condition and also receives support from his wife here in the UK.

They have lodged their appeal with the help of solicitor last year, but it was turned down.  One of the legal advice is to apply under human rights law.  I have been looking on the UKBA website what application they were saying, but i couldn't find it .  Any idea about it? 

I came across section 317 (f) stating "the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom" can apply for settlement.

Is there a chance that she will win the case? Please help, i know you guys are expert on this.
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vinny
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Post by vinny » Mon Jul 18, 2011 3:34 am

Why was she refused?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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greatxander
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Post by greatxander » Mon Jul 18, 2011 4:02 am

she was refused because when they applied for ILR, she was already 21 but she came here in UK with her mom at the age of 16 with a work permit dependent visa. :(
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vinny
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Post by vinny » Mon Jul 18, 2011 4:12 am

That's unlikely to be the only reason for refusal (199), if 197(ii) was satisfied. Especially after an appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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greatxander
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Post by greatxander » Mon Jul 18, 2011 4:47 am

So what is the best thing to do for her case? Shall we push through and apply for review under human rights law?
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vinny
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Post by vinny » Mon Jul 18, 2011 5:05 am

Human rights should have been considered at her appeal. Do you have the full details of the refusal and appeal determination?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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greatxander
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Posts: 49
Joined: Sat May 14, 2011 12:03 am

Post by greatxander » Mon Jul 18, 2011 5:16 am

i think they did not appeal for human rights issue at first, only now they are planning to lodge another one, I will lask her all the details written on her refusal later today, thanks...
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mk357
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Joined: Sat Nov 27, 2010 6:54 pm

Post by mk357 » Mon Jul 18, 2011 2:54 pm

greatxander wrote:i think they did not appeal for human rights issue at first, only now they are planning to lodge another one, I will lask her all the details written on her refusal later today, thanks...
There must be a good reason for them to refuse her ILR as Vinny has stated. Could you reproduce exactly the wordings in her refusal letter. This doesn't make any sense specially when her elder brother has got ILR. Unless she is living an independant life and did not produce anything in support of her application that she is still dependant on her mother.
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