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Thread: ILR Refused

  1. #21
    Member สมาชิก
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    Quote Originally Posted by Tobias View Post
    I believe the decision is wrong on the facts.

    60 Month Rule
    Your wife clearly arrived in the UK on 10 April 2014 which means she was time qualified to apply for ILR from 13 March 2019 (6 months less 28 days). It appears they have arrived at their decision based on the mistaken belief your wife entered the UK in May 2014 rather than the actual date of 10 April 2014.

    The Immigration Rules state:

    "E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c)"

    From the information provided, your wife does satisfy the Eligibility requirements under the 60 month rule.

    Financial Requirements
    There is some confusion in the information supplied. The refusal states that you are self employed with a limited company. The refusal then goes to show the net profit of that company as the basis for making the decision to refuse. You are not self employed but an employee of a limited company that you own. The refusal on this ground is based on incorrect data. Your actual income for the relevant period was £22,419 - much higher than the minimum required under the Immigration Rules.

    On both grounds there has been an error in fact and in the circumstances reported the decision to refuse ILR is wrong in law and perverse provided you provided all the relevant supporting documentation.
    Yeah 100% with the Ltd company stuff. You are an employee of that company even though you own it.

    Sent from my SNE-LX1 using Tapatalk

  2. #22
    Premium Member -Keith-'s Avatar
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    So is a long winded appeal process the only course of action available here ?
    If you're offended by any assistance I give, it says far more about you than it does me.

  3. #23
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    criminal if that's the case

  4. #24
    Moderator Tobias's Avatar
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    The written notice will give information about the appeal process, the form which should be used and the time limit for filing an appeal. An appeal made even a day late will be refused.

    The appeal fee is £80.
    Tobias - โทเบียส

  5. #25
    Premium Member Elad's Avatar
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    Quote Originally Posted by -Keith- View Post
    So is a long winded appeal process the only course of action available here ?
    Keith, TBH I am thinking of just re applying again, i want this over and done quickly as possible.

    Also, after calming down a little and having a long think about it I have found couple of problems on my side of the application which could be too worrying for an appeal. If we lost the appeal my wife would have to go back to Thailand and we would have to start the whole process of settlement from scratch.

    Problem 1. Although my wife has been in the UK for the 5 years less a few days needed to apply for ILR, the CW doesn't know this because the passport with the initial stamp was NOT submitted as evidence. The UKVCAS scanned most of my documents for sending, i gave them 3 of my wife's passports including the one with the stamp but the lady at the desk said she only wanted the most recent (valid) passport and she gave me the other two back (not trying to blame UKVCAS).

    I should have uploaded all the documents myself renaming each file accordingly making it much easier for the CW to work with.

    Also, I am trying to get my head around why the CW said my wife entered the UK in MAY 2014?
    I have just looked through the whole application form and there isn't any question that actually says "what date did you arrive in the UK?" the only question that relates to this is the one i posted earlier which is:
    "when did you and your partner begin living together? April 2014
    Answering this question only gave you an option for month and year with no day.

    I think its possible the CW has perhaps looked on a previous application for a date of entering the UK. If somehow there is a mistake on the previous FLR form saying she arrived in the UK May 2014, then this could cause me some problems at a tribunal.

    Problem 2. My SA100 self-assessment form has only just been submitted so the CW has not seen it, but then again at the date of submission which was 1 April, this was not available because it can't be submitted until 6 April.

    The CW had all my business accounts, CT600, SA302 showing my income, wage slips and dividend vouchers = £22,419 and all this was paid from the business account to my current account, but because the self-assessment wasn't submitted at the time of application then the SA302 was not valid (not 100% sure though).

    Thinking about these problems is making me nervous, therefore i think re applying will be my best option here?

    What are your thoughts?

    Thanks

  6. #26
    Premium Member Elad's Avatar
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    I have just treble checked the documents required for proof of income when you are a director/employee of a LTD company, the SA302, S100 tax return and P60 are not required. what is needed are payslips, dividend vouchers covering the the same period as the CT600 (for me is 1 March 2018 to 28 February 2019) and bank statements for the same period showing the money going in.

    I have have all that, so the caseworker is 100% wrong

    As for how long my wife has been in the UK, I don't think it really matters where the CW got May 2014 from, the passport says it all, it was stamped by immigration at heathrow airport.

    Do you guys think i will win the appeal 100%?

    it's just that i only have until the end of the week to appeal, and if i know we can win it then i don't care how long it takes because my wife can stay in the UK throughout the appeal.

  7. #27

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    If you are pretty sure UKVI were wrong just appeal. Paying that lot again is crazy.

  8. #28
    Premium Member caller's Avatar
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    An experienced lawyer has told you the legal position. They have erred and you should appeal.
    'Tis me

  9. #29
    Premium Member Gary & Nok's Avatar
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    Some of the things you have now written I don't think help your case in an appeal (but I am no Mr T so go off of his advise over mine for sure).

    You say this (in red)
    Quote Originally Posted by Elad View Post
    As for how long my wife has been in the UK, I don't think it really matters where the CW got May 2014 from, the passport says it all, it was stamped by immigration at heathrow airport.
    But then you say this (in red)
    Quote Originally Posted by Elad View Post
    Problem 1. Although my wife has been in the UK for the 5 years less a few days needed to apply for ILR, the CW doesn't know this because the passport with the initial stamp was NOT submitted as evidence. The UKVCAS scanned most of my documents for sending, i gave them 3 of my wife's passports including the one with the stamp but the lady at the desk said she only wanted the most recent (valid) passport and she gave me the other two back (not trying to blame UKVCAS).
    Confusing as to where he got the May date from but he certainly couldn't have seen when she DID enter from her passport!!!!
    Do they have other means of finding out when she did enter, i.e. access to Heathrow computers?
    I'm ONE of the 52%

  10. #30
    Premium Member Elad's Avatar
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    Quote Originally Posted by Gary & Nok View Post
    Confusing as to where he got the May date from but he certainly couldn't have seen when she DID enter from her passport!!!!
    Do they have other means of finding out when she did enter, i.e. access to Heathrow computers?
    The CW got May from somewhere and it wasn't from the passport. The CW had my email, phone number and address, all he/she needed to do was contact us and i could've sent it through by email it only takes a minute.

    I reckon the CW checked the financial part first and thought we'd failed and skimmed through the rest of it.

    I have sent an email to local MP with all the details and documents to prove it, she also has the CW name and I will try to make sure that CW never makes the same mistakes again.

  11. #31
    Old Hand มือเก่า
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    way past me me i just keep it going for you pal hope all is ok .

  12. #32
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    Quote Originally Posted by Elad View Post
    The CW got May from somewhere and it wasn't from the passport. The CW had my email, phone number and address, all he/she needed to do was contact us and i could've sent it through by email it only takes a minute.
    Unfortunately, their evidential (in)flexibility policy, specified in Appendix FM-SE, seems to restrict caseworkers from contacting applicants.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  13. #33
    Premium Member Elad's Avatar
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    We have decided to go ahead with the appeal.
    Hopefully it wont even go to a hearing.

    Thank you all, and a special thanks to Mr T this forum wouldn't be the same without him

  14. #34

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    Quote Originally Posted by Vinny View Post
    Unfortunately, their evidential (in)flexibility policy, specified in Appendix FM-SE, seems to restrict caseworkers from contacting applicants.
    They are allowed to contact applicants for extra documentation. What stopped them from doing that was they had probably already incorrectly decided it was a refusal because of the financials.

  15. #35
    Premium Member Elad's Avatar
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    The day after my wife was refused ILR i sent an email to my local MP explaining what had happened and sent her all the relevant documents and refusal notice as proof that the decision was wrong.

    Yesterday morning i received a letter from the MP and it looks like good news.
    see the attached letters below, i have blanked all personal information.

    We have to make a decision to either carry on with the appeal or withdraw the appeal.

    I will contact my MP tomorrow morning to withdraw the appeal, but before i do that, i would like some members here to confirm that we are making the correct decision.

    Thanks

  16. #36

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    Quote Originally Posted by Elad View Post
    The day after my wife was refused ILR i sent an email to my local MP explaining what had happened and sent her all the relevant documents and refusal notice as proof that the decision was wrong.

    Yesterday morning i received a letter from the MP and it looks like good news.
    see the attached letters below, i have blanked all personal information.

    We have to make a decision to either carry on with the appeal or withdraw the appeal.

    I will contact my MP tomorrow morning to withdraw the appeal, but before i do that, i would like some members here to confirm that we are making the correct decision.
    They've admitted that the decision was wrong in the letter. Great news!

  17. #37
    Moderator Tobias's Avatar
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    Quote Originally Posted by rasg View Post
    They've admitted that the decision was wrong in the letter. Great news!
    No they haven't! The letter says the decision notice was "factually incorrect". In other words they acknowledge that the decision notice included statements of fact that were inconsistent with the evidence submitted with the application.

    Whilst I believe the original decision is wrong on the evidence (and this belief is based only on what has been posted in this thread), when the decision is reviewed provided all the required evidence that proves the financial conditions are met have been submitted, then the revised decision will be a positive one.

    If that is not the case, a right of appeal should also be available when that new decision is promulgated. There has clearly been an error in fact, so if the financial test has been properly demonstrated the application should be approved on review.
    Tobias - โทเบียส

  18. #38
    Premium Member Elad's Avatar
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    Quote Originally Posted by Tobias View Post

    Whilst I believe the original decision is wrong on the evidence (and this belief is based only on what has been posted in this thread), when the decision is reviewed provided all the required evidence that proves the financial conditions are met have been submitted, then the revised decision will be a positive one.
    All the financial documents were prepared by me and my accountant, and we double checked everything matched with what is stated in the immigration financial guidelines for being a director of a limited company.

    The only way they could be missing any documents is if the UKVCAS scanning machine missed any or didn't scan double sided like bank statements.

    Anyway i have a zip file on my laptop with all the financial docs which i will email to the MP tomorrow and she can send it through just in case the UKVCAS missed anything.

  19. #39
    Premium Member Elad's Avatar
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    Quote Originally Posted by Tobias View Post

    If that is not the case, a right of appeal should also be available when that new decision is promulgated.
    And another £80 in their pocket..

  20. #40

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    Good luck with this. Hope you get a positive outcome.

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