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Thomas, Solicitor
Category: UK Immigration Law
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I applied for ILR under 10 year route on 11/06/2012, and was

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I applied for ILR under 10 year route on 11/06/2012, and was refused on 19/12/12. The reason was that i was absent from the uk for 10months. I was absent for this time due to an administrative error made by uk border agency staff. apology letter from home office complaints and compensation team was attached and uk ba website states in this case a senior case worker and discretion should be used. none of this was done.


1st Tier 1 granted on 15/01/2008 waited 10 months due to uk ba error


2nd tier 1 granted 15/01/2012 expires 15/01/2013


came to uk as a student on 07/06/2002

Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Can you provide details in respect of the absence and the administrative era which led to the absence?

Tom
Customer: replied 2 years ago.

i submitted earnings for 12 months and home office case worker refused saying i submitted earnings for 13 months. i sent an email to the complaints team and 8 months latter they got back to me saying it has been re assed by another case worker and a supervisor and the decision was overturned and tier 1 granted.


i went to nigeria after i submitted my application so as not to overstay as my working holidaymaker visa was going to expire

Expert:  Thomas replied 2 years ago.
Hu

Did you instruct a solicitor to make application for you?

Tom.
Customer: replied 2 years ago.

i submitted earnings for 12 months and home office case worker refused saying i submitted earnings for 13 months. i sent an email to the complaints team and 8 months latter they got back to me saying it has been re assed by another case worker and a supervisor and the decision was overturned and tier 1 granted.


i went to nigeria after i submitted my application so as not to overstay as my working holidaymaker visa was going to expire.


 


no i did not, i read the rule stating that discretion and senior case worker should be consulted for cases like mine where the applicant has spent time outside the uk. and i attached the appology letter from complaints team granting my visa

Expert:  Thomas replied 2 years ago.
Hi

I would say that you stand a fairly good chance on appeal if you instruct a solicitor. Youwill be aware that the united kingdom border agency may reject an application of this type where the applicant has spent more than 18 months outside of the u k during the residence. periods. I presume this is the reason that they have rejected for application.

You will have to clearly demonstrate that you would not of been absent for the 10 months where it not for the mistake of the original case worker. This would be best done by instructing a solicitor to prepare your pill so that you can collect your supporting evidence and prepare a witness statement to be submitted in support of your application.

The united kingdom border agency do of course have a discretion to disregard matters which might otherwise lead to a rejection like this. However, they rarely exercise their discretion unless they are forcefully compelled to do so. This what you have to do now.

If you are able to clearly show that the absence was due to manifest negligence of the united kingdom border agency can you stand a good chance if you appeal the decision and importantly instructor solicitor

If you are happy with this answer please rate my answer as okay service or above. If you require any clarification please ask for the questions on this thread rather than rating my answer below okay service. If yoh. Do not rate my answer as okay service for about an I receive absolutely no credit for the time I've taken to answer your questions.

Kind regards

Tom
Customer: replied 2 years ago.

the letter says that i have no right of appeal.

Expert:  Thomas replied 2 years ago.
Hi

Usually you are only able to appeal on a point of law which is the same that you are only allowed to appeal when they have applied the law incorrectly.

However, although they are technically correct you may find that your solicitor believe you have a good case to apply for leave to appeal so that your case can be heard on appeal in an immigration where is your evidence will have a fairer hearing

if it is the case that you cannot appeal after your solicitor has made the request then you can always submit a further fresh application with additional and substantial supporting evidence.

Please kindly rate my answer.

Kind regards

Tom
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