Letter to MP

I sent the following reply to my MP:

26th October 2007

Dear XXX

Thank you for your letter dated 16 October 2007 which only reached me yesterday the 25th October because, I presume, of the strike.

Further to your kind enquiries and request to review my case at the Border & Immigration Agency, I submit further photocopied documents to support my application, which can explain the visa gap that happened in December 2004 – January 2005. I have not sent the documents with my ILR application because the agency never actually asked for any documentary evidence either in the initial application form, or during their internal enquiries.

1. I submit a University confirmation that I was a full time student from 1 September 1997 to 13 June 2003, which should validate my stay between the respective dates (01.09.1997 – 13.06.2003)

2. I submit a Dept of Postgraduate Medicine and Dentistry document dated 25 February 2003, well before my above visa expiry, to confirm my Pre-registration House Officer placement from August 2003 to July 2004, which would validate my stay until July 2004.

3. I submit my acceptance, dated 26 April 2004, again well before the visa expiry, of the offer to a 3 year vocational training scheme in XXX commencing August 2004 which would generate a 3-year training contract.

4. I submit a further letter from the XXX dated 25 June 2004 to confirm my appointment to the GP Vocational Training Scheme from August 2004 to July 2007.

5. However due to stress I was not able to terminate my 1st year pre-registration in July 2004, so, I was required to repeat a 4 month pre-registration post from July to December 2004, therefore, I submit a further Dept of Postgraduate Medicine and Dentistry document dated 28 July 2004, which confirms this and maintains that I would be allowed to start my vocational GP training in paediatrics 6 months later in February 2005. This explains the 2 month visa break which was entirely expected and unavoidable. Because I receive no paperwork until the start of the post, I was not in a position to submit my visa extension before the expiry.

I’m aware that the above documents are all photocopies; the originals for documents 1, 2, 4, 5 are available on request. The original for document 3 is kept by the Department of Postgraduate Medicine and Dentistry in Barlow House, Manchester.

Hence to reiterate their reasons for refusing my ILR are for the following 6 dates:

06/09/1997 - first landing
07/08/2000 - still a student at university (ref document 1)
25/08/2002 - still a student at university (ref document 1)
17/07/2003 - just graduated and have job starting August 2003 (ref document 2)
08/12/2004 - in between training contract but no paperwork (ref document 5)
27/12/2004 - ditto (ref document 5)

Further documents are available on request, to confirm I have been economically active for the past 10 years, and I’m also able to submit the original work contract if required. I would be grateful if you would forward the documents and explanation to the Border and Immigration Agency.

Regards

I'm sending them by special delivery.

MP2 reply

Simple reply from MP:

"Dear XX
Thank you for your your recent emails.
I recognise your disappointment at the decision that has been made to refuse your application for ILR on the basis of the changes to the immigration rules which were introduced earlier this year.
I have today written to the BIA asking for your case to be reviewed in the light of the circumstances you have described.
Please be assured that as soon as I have a reply I will be in touch with you again.
Yours sincerely."

This was on official House of Commons letterhead. I think it is important I supply him with supporting documentation so he knows I'm honest. Will do tomorrow.

FOIA3 Request

Third FOIA request

17 October 2007

Dear Sir/Madam

Request for information under the Freedom of Information Act 2000

I wish to request access to the following information, which I believe to be held by your organisation:

The following requests relate to the "continuity" clause as stated in rule 276A in the immigration rules: "provided that the applicant in question has existing limited leave to enter or remain upon their departure and return"

I'd like to request a copy of the first correspondence which generated the need to add this clause into the immigration rules.

I'd like to request a copy of the final approval correspondence to add this clause.

I'd like to request a copy of any socio-economic impact analysis report, on (1) the Home Office (2) the British public (3) the non-EEA residents pertaining to the introduction of the continuity clause in the April 07 regulations. If such report does not exist, I would like to know whether this is by deliberate omission or not.

My preferred form of access to these records is via mail.

I believe that the cost of providing such information should not exceed £600, if the reports do exist, because it would involve mainly photocopying or printing costs.Moreover any correspondence pertaining to the report should be relatively easy to locate, because I'm requesting the first and last correspondence about this clause.

Regards

FOIA1 reply

I've received today a reply to my first FOIA request, to ask them to justify the £750 fees. Letter given as follows.





I will reply and seek further clarification, especially a subset of emails/correspondence relating the issue of charging a reasonable price for services and how they define reasonable.

Also paying fees to pay for more stringent tests.

MP2 email to MP

Hello Ms XXX,

Thank you very much for your prompt email.

I will list the visas that I have held since Sep 1997, and I'm also attaching 2x PDFs of the Immigration caseworker instructions that I have obtained via prior FOIA requests by colleagues.

With regards to ILR 2004.PDF, I'm referring to para 5 'WHAT CONSTITUTES CONTINUOUS RESIDENCE : Continuity need not be broken by a small number of short absences abroad of up to 6 months at any one time during the 10/14 year period. Short absences cannot be said to disrupt or sever ties with the United Kingdom.'

With regards to ILR 2007.PDF, the new changes are in para 2.1.3, specifically, 'Subject to that, continuity shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant has existing limited leave to enter or remain upon his departure and return.'

My visas are as follows:
06/09/1997 - exp 30/09/2000 student visa issued by airport immigration
07/08/2000 - exp 30/09/2002 student visa issued by airport immigration
25/08/2002 - exp 30/09/2003 student visa issued by airport immigration
17/07/2003 - exp 30/09/2004 work visa (no more 'work must be authorised') -- issued by airport immigration, having seen my work contract
07/10/2004 - exp 05/12/2004 permit free training issued by IND by post, no visa break
08/12/2004 tourist visa for 6 months *VISA BREAK*
27/12/2004 tourist visa for 6 months *VISA BREAK*
14/02/2005 - exp 31/08/2005 permit-free training issued by IND by post, no visa break
23/09/2005 - exp 30/09/2008 permit-free training issued by IND by post, no visa break

The refusal letter listed the following 6 dates to explain the refusal, and I also list the reason for the new visa:

06/09/1997 - first landing
07/08/2000 - still a student at university
25/08/2002 - still a student at university
17/07/2003 - just graduated 2 weeks ago and have job starting August 2003
08/12/2004 - tourist visa ... in between jobs but no paperwork
27/12/2004 - tourist visa ... ditto

In summary, I was a student from September 1997 until 1 July 2003, went on holiday until 17 July 2003, started training in August 2003 until December 2004; in the meantime I secured a General Practitioner training programme which would start in February 2005, so I went travelling twice in December 2004 before starting my training again in February 2005, to complete my training in February 2008.

Therefore according to the previous ILR guidance, I have maintained ties with the UK, I have no criminal record / deportation order, I am single therefore have not married out of convenience, and I have not left UK with the intention to not return. I have maintained my rental/mortgage payments for the past 10 years. I believe that I should, with the previous guidance, be granted settlement.

I hope this information will be useful.

My home office reference number is XXXXX or XXXX.

Dr XXX

MP1 reply

Received a reply!

Dr XXX,

Mr XXX has asked me to thank you for your email. Mr XXX would be very happy to take up your case with the Home Office but would find it helpful if you could first provide details of when you first entered the UK and the visas that you have held since that date. I would also be grateful if you could let me have any Home Office reference number relating to your case.

I look forward to hearing from you.

Kind regards,

PA to XXX MP
Member of Parliament for xxx
Direct Line: 0207 xxx xxxx

Will email back quickly!

AIT case

But this predates the May 2007 change of rules

http://www.ait.gov.uk/Public/Upload/j1861/00031_ukait_2006_os_hongkong.doc

This basically states the the concession and the rules were complementary.

FOIA2 request

2 October 2007

Request for information under the Freedom of Information Act 2000

I wish to request access to the following information, which I believe to be held by your organisation:

1. I would like to receive the rationale for introducing the Continuity rule for applications to Indefinite Leave to Remain under the Long Residence category, whereby continuity is deemed to have been broken for a short visa break, which has recently been introduced in April 2007.

2. I would like to receive all the minutes, discussions regarding the introduction of the continuity rule, and the names, job descriptions, and affiliation of all parties present in the discussions as above.

3. I would like to receive the detailed contingency plans available for people who would have qualified under the immigration rules pre-April 2007, and are now retrospectively disqualified under the new rules.

My preferred form of access to these records is via mail.

If the release of such information would be illegal according to the current legislation, I would be satisfied with an amended release, which would be within the terms of the current legislation.

Regards

MP1 email to my MP

Wrote an email to my MP, Ben Wallace, in Lancaster on 2/10/07 -- no reply yet

Dear XXXXXX,
I'd like to raise the issue of immigration, which is a current government hot topic.

The government issued a RETROSPECTIVE change in immigration rules, in April 2007, regarding the issue of Indefinite Leave to Remain (settlement) visas on the basis of Long Residence, which I believe is unfair.

Previously we could apply after 10y continuous residence, barring deportation, criminal records etc.

Nowadays we can only apply after 10y continuous residence, however the continuity is broken upon leaving the country (even a short 7 days) without a valid prospective visa. During this short break, I had a guaranteed job but no paperwork yet, so I could not apply for an extension before the visa had run out.

This new rule was imposed in April 2007, I'm not sure whether there has been a proper consultation with the relevant parties, and with no proper contingency for people who have been caught out (like me) but who have never used this country's funds.

As you may have guessed, my application was refused in August 2007 because of these short breaks.

I am only 5 months away from becoming a GP and I will be very sorry to have to leave this country at the end of my visa.

Had I known about this change in rule I would certainly have made arrangements a long time ago.

Would you be able to look into this for me?

Yours sincerely,

Dr XXXXX
MBChB Manchester 2003

The progress so far

I arrived in UK in 5 September 1997
Graduated from full-time university course 1 July 2003
Started work August 2003
Short period of no work December 2004 - January 2005
Restarted work February 2005

In August 2007 I apply for settlement under the Long Residence category

I receive a negative reply 6 weeks later because the home office was not satisfied that I had stayed in the country continuously legally in the past 10 years, after spending £750 for my settlement fee, and NO right of appeal.

I checked the immigration rules -- 

www.bia.homeoffice.gov.uk/lawandpolicy/immigrationrules/part7

which now clearly states
a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(emphasis mine)

which I was surprised about, because I had never seen it before.

A relative informs me of this new rule.

I cannot find a consultation document which explains this new rule.

I will seek legal advice on the basis that this change is unfair, has been done retrospectively, and there is no provision for me to prepare my visa status for this change, which could have eased my application.