Successful case in obtaining ILR after initial refusal and 2 PAPs
A few months ago, we have been instructed to act for the client for the document check and ILR application submission services. The client has been living in the UK for the last 10 years on Tier 4 Student visas and therefore was eligible to apply under SET LR (10 years long residence) route.
We have provided her with the full list of documents and guidance on how to apply. After carefully checking her documents, we advised that she is ready to submit her application for settlement. The client decided to pay £800 Home Office fee for a super-priority service that was available at that time. However, 2 days later she received an email stating the Home Office is unable to consider her case within 24 hours and the fee for super priority service will be refunded accordingly.
The client has contacted us to ask what her next steps are. Although we have not been instructed to fully represent her in her immigration matter, we emailed the Home Office and requested that they keep the money but consider the case at their earliest convenience as if it was the standard processing time it could take from 6-11 months.
The Home office contacted us requesting additional documents that have been provided immediately after their request. A week later the client was refused. The Home Office was not satisfied that the client meets the requirements for settlement, mainly they argued that she has substantially exceeded her absences limit.
We immediately submitted Subject Access Request to see all the information available to the Home Office and submitted Pre-action Protocol at the same time where we disagreed with the decision and requested the HO to reconsider it. In a one-month time, we received the client’s full SAR file and made our calculations again to compare and see if the client did not declare any of her trips, however, that was not the case. A few weeks later we received a PAP refusal, and we submitted another Pre-action protocol justifying the client did not exceed her limit and requested that our client is granted ILR within 7 days before we proceed with JR.
The decision to refuse her application has been reviewed and our client was granted Indefinite leave to remain (ILR). Our client is beyond grateful for our professionalism, dedication, and commitment to our work and for representing her to the best of our abilities. She said that without our assistance, she would not be able to get ILR and British citizenship subsequently.
