ILR application refusal.Advice needed URGENTLY please

Elena Babintseva · Post by **Elena Babintseva** » Thu Aug 18, 2011 6:56 pm

Hi there!

Just got bad news.ILR based on HSMP JR (4 years) was refused on the ground of my husband 7 months unlawful presence in the UK.Meeting with the solicitor on Monday the 22nd.

Has anyone ever been in such a situation?We are both non-EU but my daughter is EU citizen.In case of the failed appeal (if it is worth it at all) do you think I can apply via EU?

Thanks in advance

E.

fora · Post by **fora** » Thu Aug 18, 2011 7:59 pm

was your husband unlawfuly present in the UK at the time of your application for ILR or was he unlawful some time before (during his immigration history)? Did u include him in your application?

Elena Babintseva · Post by **Elena Babintseva** » Thu Aug 18, 2011 9:13 pm

My partner is a main applicant.I am his dependant.He had an issue in 2007 when HO advised him to get his appeal back and apply for the visa again.So HO considers the time of the previous appeal + the time for new HSMP visa as unlawful presence.

Post by **vinny** » Thu Aug 18, 2011 10:52 pm

Elena Babintseva wrote:My partner is a main applicant.I am his dependant.He had an issue in 2007 when HO advised him to get his appeal back and apply for the visa again.So HO considers the time of the previous appeal + the time for new HSMP visa as unlawful presence.

Consequently, it was bad advice. Was the advice in writing?

Elena Babintseva · Post by **Elena Babintseva** » Thu Aug 18, 2011 10:59 pm

It was sent by e-mail.The copy of the e-mail was attached to the paperwork when reapplied for new HSMP.Google doesn`t keep such old files apparently so the best thing we could do is request the previous case from Sheffield if it still exists of course.Otherwise it will be too bad...

tariqul5000 · Post by **tariqul5000** » Fri Aug 19, 2011 12:03 am

Elena Babintseva wrote:It was sent by e-mail.The copy of the e-mail was attached to the paperwork when reapplied for new HSMP.Google doesn`t keep such old files apparently so the best thing we could do is request the previous case from Sheffield if it still exists of course.Otherwise it will be too bad...

you can bring the immigration history of your husband, ask any solicitor to do that it will cost you only Â£ 10 GBP and you need to apply for a judicial review.

Elena Babintseva · Post by **Elena Babintseva** » Fri Aug 19, 2011 12:21 am

Do you think it would help with the document needed?How long do they keep the cases in archive for?

If we ask for the immigration history it will show the withdrawal of appeal and the new application but not the reason for that.That e-mail seems to be a life saver for now...

Post by **vinny** » Sun Aug 21, 2011 4:00 am

During the appeal process, leave continues under Section 3C.

If the UKBA had asked him to withdraw his appeal to subsequently grant the extension, then it was probable that their refusal was unlawful and his appeal would have succeeded. Then there would have been no gap.

Perhaps he can say that he had legitimate expectation not to be later penalised for following the UKBA's advice in good faith.

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ILR application refusal.Advice needed URGENTLY please

ILR application refusal.Advice needed URGENTLY please