I Came in the UK in June 2001 and remained lawfully by the end of 2003. then became over stayer and filed, out of time application in March 2004 for ILR which home office refused after delaying 5 years, without any right of appeal. Then I hired a new solicitor who filed an application for DL which was also rejected without right of appeal. Both applications were submitted under artile 8 of echr as well as article 3 citing medical ground. Home office did acknowledge that delay in my first application was their fault but refused to consider my article 8 claim under private life. Only after complaining to Ombudsman they decided to reconsider my DL application under article 8 and paragraph 395c was also considered. It was eventually deemed inappropriate to remove me from UK and without triggering right of appeal I was granted 3 years DL outside the rules.
Near the end of 3 years I applied for extension of DL on 08/04/2015 (in time) using FLR(O). on 06/04/2015 home office introduced Immigration health surcharge (IHS) which is supposed to be paid before making application but I paid for that after submitting my application (without HO asking me to pay for it). Since 08/04/2015 I have received acknowledgement letter followed by a letter saying
"Your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible."
My questions are, could it be signs to worry if I did not pay for IHS before making my application? HO still hasn't issued me bio-metric enrollment letter but issued me with that ECHR warning letter that it may take long? and can habitual residency test (HRT) done by DWP (when I claimed JSA) have any negative impact on my extension of DL?
Please note, since 2003 I did work and got NHS treatment but HO was aware of that and they granted me DL. Could they reconsider these factors again during active review of my extension application and refuse my application on that basis again? My overall stay in UK is little less then 14 years and I am unmarried without kids.
Any help will be appreciated.
Thanks for your reply,
I would like to ask further in relation to my question and your answer. That when I was granted DL in April 2012, It was done after consideration of Paragraph 395C of immigration rules back then and because of long delay by their mistake it was deemed inappropriate to remove me from UK and thus no right of appeal was triggered. Will they consider same paragraph this time (because after July 2012 this paragraph has gone). And if they consider same paragraph again can they refuse my extension this time with right of appeal.
Please note this time I made my application myself without involving solicitor. My circumstances are still the same, i.e. My overall stay of approximately 14 years strengthens my personal life claim even more then before Plus I have my family members living in UK who are all citizens of UK and I see them regularly. Related to your answer in point 4. After being overstayed I had no recourse to NHS and was not supposed to work, but home office knew that all the way along from 2004 to the point in 2012 when I was granted DL. because I provided my wage slips and NHS reports to them. They only criticized slightly when I complained to Ombudsman and not before that.
Only thing that has slightly changed is my medical condition. I am no longer under Specialist care but still on medication with my GP for long term maintenance of my condition. Can this effect my application.