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Ilr 10 Years Refused Due To Gaps, Right Of Appeal Given


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#1 MKH212

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Posted 24 April 2011 - 05:40 PM

Dear members,

I applied for ILR under long residence in Feb 2010 through a legal rep, My app was refused due to multiple gaps in Sept 2010, no right of appeal was given since had LTR, However luckily my passport bundle got lost in the post and was never found. I got in touch with HO in Mar 2011 to get an update and was told the above and an investigation was launched. HO replied through my legal rep couple days ago with the decision letter, stating reason for refusal as 6 gaps, since the decision was not served due to lost passport, I got a full right to appeal, my legal rep has lodge the appeal, although I am not happy with his service and want to change legal rep. I have jotted a few points as follows please advise esp senior members.

HO sated, I have 6 gaps, I checked my sar file and last one in 2006 was purely created by admin error, I don't have postal receipt but on the copy of sar file the bit where it says checklist for official use only, signed and dated by caseworker/Payment team as 5 days before leave expired. however on their database application raised 5 days after leave expired. so clearly an admin error. On my decision letter caseworker has cleary mixed up my dates and i noticed quite a few typos.

I have managed to find extenuation circs for my other few gaps, one gap of more than 2 months was created due to my college fault as they failed to post my application in time, I had a road accident after that so coulnt check with college to confirm. However later I posted the application myself after two months. Another gap was created when similar things happened HO sent my pp to old address although I had called their peo helpline to update my new address, when I got my pp to new add leave had already expired by couple of months, I went to croydon next day to get it extended. There is a single final gap to which was created in my 1st application in 2000 to which i don't have an answer.

My legal rep didn't advice me much other then my case would be under article 8 human rights

I have a 6 months old baby born in the UK
My wife is been on student visa for the last 6 years UK graduated.
I have a lot of family and friends in the uk, I have managed to get personal reference from them
I have been consistently working to support myself and family without ever claiming public funds,
I have managed to get glowing references from my last employers, other professional references as well.



Please could someone advise me If they have been in a similar situation, what is it like in the appeal court? would I be given a chance to explain myself? or would my legal rep do all the talking(I don't have confidence in him anymore as he had slacked in the past)



Since my legal rep has alrady lodged my appeal can I still change legal reps?
Some one said to me that HO wont take in to consideration my reasons for the gaps even with evidence, since I have 5 of them (6 according to them)

Please would appreaciate any advice

Victoria, Anthony please enlighten with ur wisdom.

Best wishes










#2 Visa Direct

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Posted 24 April 2011 - 11:45 PM

Yes you can still change if you don't have confidence in the rep.

Perhaps you can send the refusal to me to take a look.

#3 MKH212

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Posted 25 April 2011 - 12:41 AM

Yes you can still change if you don't have confidence in the rep.

Perhaps you can send the refusal to me to take a look.




Hi Anthony,


thanks for your reply,

whts your email?

many thanks



#4 vinny

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Posted 25 April 2011 - 01:59 AM

Click on "Email me" above.




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