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Advice On Making A Complaint About Ilr Application

Posted by pixie12 , 02 August 2012 · 683 views

Hi all!

I have been following this website for a couple of months and I am hoping some of you will be able to give me some advice on my case. I came to the UK in 1995 at 12yrs old with my family. I was granted 4 years leave with my family in 2001 and that ended in 2005. Before my 4yr leave expired, I sent my passport along with my families passport to UKBA for indefinate leave in 2005. At this point I had lived in the UK for 10years. UKBA refused my application without right of appeal as they said my document had over-writing of my date of birth inside. My solicitor asked UKBA to reconsider their decision in 2006 but UKBA did not write back to me until two and a half years later in 2008 and said I should make a new application for ILR although all my family members were granted ILR. The solicitor I was using at the time said he would write back to the UKBA and ask them to reconsider their decision but unfortunately he never wrote back to the UKBA. I only found out about this when I went to my MP and asked my MP to make enquiries from the UKBA. So, in 2009 I submitted a second application for leave to remain and my solicitor quoted article's 3 and 8 of the human rights act. At this point I had lived in the UK for 14 years. The UKBA wrote to my solicitor and said I need to pay £465 for them to consider my application under article 8 of the human rights act and I did.

And then in Oct 2009 the UKBA wrote to my solicitor and said I should go to The Asylum screening Unit and log an asylum claim because my solicitor quoted article 3 of the human rights act in my leave application. Unfortunately my solicitor did not tell me about this letter so I wrote to UKBA through my MP in 2010 for an update on my case and they wrote back to me saying my application is being dealt with instead of telling me that they had written to my solicitor in Oct 2009 and asked me to attend The asylum Screening Unit. It was only when I wrote to UKBA again through my MP in Nov 2011 that they informed me that they had written to my solicitor back in Oct 2009 and asked me to attend The Asylum Screening Unit. In the meantime all my family members had become British Citizens.

In Jan 2012 I complained about my solicitor to The Legal Ombudsman for failing to inform me about UKBA's letter in Oct 2009. The complaint was successful and The Legal Ombudsman agreed with me that my solicitor was at fault for failing to inform me of the UKBA's letter in Oct 2009. I also made a complaint to my MP about the UKBA because they also failed to inform me that they had written to my solicitor in 2009 when I contacted them in 2010 to make enquiries about my application. The UKBA just ignored my complaint and asked me to go and make a 3rd application for leave or leave the country;anyone who has dealt with the UKBA would know it's very rare for them to be nice. I made a 3rd application for leave in Feb 2012 and I havent heard anything back. I wrote to UKBA directly in June 2012 and complained that their delay with my application is causing me and my family a lot of financial stress because I cannot work. I also need to attend my brothers wedding abroad in August 2012. The UKBA did not reply to my complaint. It has now been 6months since I made a 3rd application for leave and I wrote to UKBA directly again yesterday to complain about their delay with my application. Does anybody else know what I can do at this point? I am just so so stressed out as I cannot work or travel. let me know if you have any questions. Thanks.




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