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ILR Refusal - Reconsideration advice needed

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

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Ludlow
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Posts: 8
Joined: Tue Jun 25, 2013 11:09 am

ILR Refusal - Reconsideration advice needed

Post by Ludlow » Mon Aug 26, 2013 10:55 am

I applied for ILR under 10 years of long residence in Dec 2012 and received a refusal letter this morning stating that I have a gap in my stay between 19/07/2005 till 14/09/2005, hence request to permanent residence is refused.

My ILR application was rejected under following grounds:

'your application for indefinite leave to remain 6n the
grounds of long residence is refused as you haye failed to meet the requirements of the
Immigration Rules under Paragraph 276D with reference to Paragraph 276B(i) (a) H095 (as of amended).'


Paragraph 27.6B of the Immigration Rules states that the requirements to be met by an
applicant for indefinite leave to remain on the ground of long residence in the United
Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

My visa history as follows:
19/07/2002-14/04/2005 - Diplomatic Visa (Dependent)
14/04/2005-11/09/2007- Diplomatic Visa (Dependent extended)
14/09/2005 onwards Student visa.


Therefore, UKBA's claim that I did not have valid visa between 19/07/2005 till 14/09/2005 and overstayed lawful residence is entirely WRONG.

Not only I had a valid visa, I also travelled to Europe in April and June 2005 carrying the visa issued on 14/04/2005 (it had two stamps of arrival at heathrow from Amsterdam and Rome on two occassions)

And because I have valid visa stay on Tier 1 General left till June 2014, the did not even give me right to appeal either.

Can someone please advice, how do I go about requesting a 'Reconsideration' and what other actions can I take?

I need to travel to India in November as well for a month (important personal matter to attend between 15/11/2013 till 21/12/2013). I really need to now how does Reconsideration procedure works and how long this process takes.

Thanks for your replies in advance.

Regards

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 26, 2013 11:11 am

Ask for a reconsideration.

Click on links for more information.
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.

Ludlow
Newly Registered
Posts: 8
Joined: Tue Jun 25, 2013 11:09 am

Post by Ludlow » Mon Aug 26, 2013 4:21 pm

Thanks Vinny!

Do you know by any chance, how long does reconsideration procedure takes and do I have to send my passport away to the UKBA again?

Regards,

Ludlow

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Aug 26, 2013 6:02 pm

Send the passport only when UKBA asks for it, not before.
Life isn't fair, but you can be!

Ludlow
Newly Registered
Posts: 8
Joined: Tue Jun 25, 2013 11:09 am

Post by Ludlow » Mon Aug 26, 2013 8:00 pm

Thanks for your reply guys!

In an 'If' scenario UKBA does accept to Reconsider my ILR application and requires me to send passport around November time; can I request them that I have urgent matter to attend in India and can only provide passport after coming back to London i.e. mid December.

Hypothetical situtation, I know. But it will help me better plan when to send my Reconsideration request. As I have 3 months to send it from the date when letter was posted by the UKBA.

Thanks!

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