Waiting past six months for ilr

[Docholiday]

Factfile. Entry clearance Jan2010.Enterd UK March2010 as spouse of British Citizen. Because of. Contractual obligations left Uk april2010stayed abroad most of the time.reurned UK Dec2010 spent 3 weeks. Returned abroad to fulfil my contractual obligation.returned UK march 2012.since there is no time restriction on Set.M application to stay out of country I applied ilr April 10 2012.other issues disclosed to UKba. 3 civil court judgements which was for bussiness purposes. 1.Bank loan. 2.credit card.3.small utility bill. All were paid up fully this was abroad not Uk. Cover letter sent to ukba.cover letter and letter of contract also sent to ukba for absences of long periods.
My spouse income over 18600.
I got alletter from ukba saying although my valid passport shows I entered the UK on three occasion .they are unable to entry stamps for other countries when I left the uk. I got travel index from where I had returned to from UK.and submitted together with some boarding passes and electronic ticket.
This was sent 10-09-2012. Called ukba after six month up. No decision.contacted my MP. His PA was told my case was last reviewed 27-09-2012 decision still pending. Called this morning same story.iam concerned as to why the delay. My case might be complex but even complex ones have been decided. Note I have Enterd the UK many times before with no breach. My wife and children are British citizens.

[Docholiday]

Can somebody give me an opinion as to why the delay,

[geriatrix]

Only UKBA / caseworker can answer the "why". No one here can ... other than speculating based on their imagination.

[Docholiday]

Moderator and friends,
After several phone calls to inquiry office. What options does one have to get detailed information regarding pending applications.
My MP office phoned them it's been six months plus two weeks now.
My worry is that my application may be collecting dust somewhere. Iam worried sick any comments will be welcomed
Thank you all.

[Casa]

There is a huge back-log of visa applications submitted in the UK at present.

[Docholiday]

Thank you for your comment.
Do applications go back in queue even if they request additional information and it is sent especially if you are provided with a label from a caseworker and you address it ukba including her name and your case ID number?

[Heisgood]

Thank you for your comment.
Do applications go back in queue even if they request additional information and it is sent especially if you are provided with a label from a caseworker and you address it ukba including her name and your case ID number?

As mentioned before no one can tell you exactly what really goes on in the UKBA with each case. You can only be patient and wait. If you browse the forum you will find loads of people playing the waiting game for one reason or the other. It’s a difficult place to be as the UKBA play with lives and appear at times to be like a runaway train…..
If any word of comfort is that you kid and wife are British citizens and any judge in a judicial review will most likely rebuff any UKBA attempts to kick you out should you case be rejected.
It will end well sooner or later just be patient. UKBA stress isn't worth it. Surely life is more important than ILR.

[Docholiday]

Heisegood,
Thank you for your comforting words.
Iam praying and living in hope.
God bless.

[Docholiday]

Got refused today.
Reasons
Paragraph 287(ii)&(iii).
RT-RLTP.1.1(d)(ii)paragraph E LTRP.1.17and E-lTRP.1.10of appendix FM of immigration rule.
In summary as you see above the only reason is that I was away for long periods because of employment abroad
There is no specific must that you have to stay here all the time.
I am also to leave the country if I don't exercise right of appeal which I have.
One of the reasons also given is that because I wrote a letter after they delayed so much for them to expedite my application that I wanted to travel is the assumption that I was returning to work abroad and not intending to live here permanently.
I am wondering whether to appeal or not.
And if I leave without appeal what implication for further entry clearance.
Any opinion and advice.

[Docholiday]

Reason to refuse ilr.
Paragraph 289 with reference to paragraph 28(ii)&(iii)
Paragraph D-LRPT 1.3 with reference to paragraph R-LTRP 1.1(d)(iii)&(iii)
Paragraph D-LTRPT 1.3 with reference to paragraph R- LTRPt1.1(d)(ii)&(iii)
Paragraph 276CE with reference to paragraph 276ADE of HC395(as amended)
They have retainded my passport.

[geriatrix]

Entry clearance Jan2010.Enterd UK March2010 as spouse of British Citizen. Because of. Contractual obligations left Uk april2010stayed abroad most of the time.reurned UK Dec2010 spent 3 weeks. Returned abroad to fulfil my contractual obligation.returned UK march 2012.

That there is no prescribed limit on absences from UK under family route does not mean that one can spend almost the entire 2 year probationary period outside the UK and then assume that he/she may still be eligible for settlement.

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

[Docholiday]

The following reasons were also cited as reason for refusal.
1.that I did not provide any cohabitation document or anything linking me to my wife.
Fact : I provided 1. Joint account bank statements.
2. Letter from water company in both our names.
3. Remittance receipts and bank transfer while working abroad.
2. It was also cited that I don't have subsistent marriage despite the fact that I have been married for 30 years and had indicated to caseworker that my wife also travels abroad when I am not here.and reason for working abroad was nature of my work and support my family then.
It is also stated as ground for refusal that I don't intend to live here with my wife now or in future. How on earth do they reach such decision?
Do they foretell the future.
Given the above I am wondering whether it may constitute ground for appeal.

[ajmal]

The following reasons were also cited as reason for refusal.
1.that I did not provide any cohabitation document or anything linking me to my wife.
Fact : I provided 1. Joint account bank statements.
2. Letter from water company in both our names.
3. Remittance receipts and bank transfer while working abroad.
2. It was also cited that I don't have subsistent marriage despite the fact that I have been married for 30 years and had indicated to caseworker that my wife also travels abroad when I am not here.and reason for working abroad was nature of my work and support my family then.
It is also stated as ground for refusal that I don't intend to live here with my wife now or in future. How on earth do they reach such decision?
Do they foretell the future.
Given the above I am wondering whether it may constitute ground for appeal.

Your case is very weak. The 2 years probationary qualifying period means you have to satisfy that you are living and working in UK and intened to live here permenantly. You are entitle for ILR only if you prove that your main residence is UK. To be married for 30 years does not automaticaly give you right to get ILR. Please also read Returning Resident immigration rule. If somebody have ILR and working and living outside UK does not mean that they will get UK citizenship automatically. You have to fullfill the requirement.

[Docholiday]

Ajmal
If the reason advanced is that because you are away then your marriage is not subsisting?
What is a subsisting marriage?
In application your spouse makes a declration.
Are the implying my spouse made a false declration ?
I was saying this because the reason advanced is comparing 2 years to thirty years.
But he based his decision on me not providing cohabitation documents which is not true.
Accepting that decision would be agreeing to what is not true.since that also affect consideration under article 8
That is also based on future assumption.

[ajmal]

Ajmal
If the reason advanced is that because you are away then your marriage is not subsisting?
What is a subsisting marriage?
In application your spouse makes a declration.
Are the implying my spouse made a false declration ?
I was saying this because the reason advanced is comparing 2 years to thirty years.
But he based his decision on me not providing cohabitation documents which is not true.
Accepting that decision would be agreeing to what is not true.since that also affect consideration under article 8
That is also based on future assumption.

The burden of proof is on you to satisfy the legal reqiurement of immigration law which you have failed in your case.

You can ask for extension of FLR(M) and satisfy the rules in this category again including subsisting marriage within country.

[geriatrix]

How can you prove "cohabitation" when you were not even living in the UK for most of the 2 years period?

Just because you have documentary evidences that are addressed to both you and your wife cannot prove that you have been living together with your sponsor when you may have yourself declared in the application form that you were absent from the UK and the same may also be evident from immigration stamps in your passport or from resources available to UKBA to determine your travel in and out of UK.

[Docholiday]

My leave to remain expired on 13 04 2012 while my application for ilr was with Ukba.
Can I ask for extension As Iam still within the appeal period
On FLR M?
And if allowed will it be underr new rules?
In refusal lt was stated refusal to vary leave.
Thanks God bless.

[geriatrix]

There is no provision under immigration rule 284 (the old rules) for an overstayer to make an out of time application for FLR(M).

[Docholiday]

What about decision to remove?

[geriatrix]

What about decision to remove?

Your posts above regarding your refusal do not mention anything about "decision to remove"?

Please provide adequate details about what the refusal states with regards to "decision to remove"? Have you been served with any document other than the refusal letter?

[Docholiday]

Another document served is Notice of Immigration decision
1 decision to vary leave to enter or remain
2decison to remove under section 47 of immigration and nationality act etc
2 appeal form etc....
I was also advised to consult if I intend to remove myself voluntarily and intend to apply for future entry clearance.

[Docholiday]

Sorry 1 appeal form the usual Tier etc....

[Docholiday]

Got another Document
Notice of immigration decision
After citing the above paragraphs starting with Paragraph D-LRTP 1.3 etc
The decisions were
1 Refusal to refuse to vary leave to enter or remain
2.decision to remove
All the above were considered under immigration rules,
Article 8
I was also advised that I case I wish to make future visa application to UK I may wish to take advice before leaving voluntarily.
They have also retained my passport and my spouse passport.
I was also given a number to call if I decide not to appeal and leave voluntarily.

[geriatrix]

If an appeal is not made, or the appeal is unsuccessful, the individual is liable to detention, restrictions, and removal.

Read also 51.4 Retention of Documents.


Suggest that you seek professional legal advice, without delay, regarding possible course(s) of action.

[Docholiday]

I am going to appeal.
Does the amended immigration rule of 9-7-2012 apply to those who applied before that date?where human rights article is considered together with paragraph 287(ii)&(iii)?