ILR 10 years long residency.... Appeal decision

[Tabaci11]

Hello,

I need advice on my appeal decision.

I applied for ILR on the basis of 10 year long residency. My ILR was refused because I spent >180 days outside UK.

I made appeal application and my appeal has been dismissed under immigration rules but judge allowed my appeal under human rights acts Article 8. No anonymity direction is made.

I have received decision letter and they also return me £80 fees.

Do I need to take any action after this or should I wait?

Please guide me.......

Many thanks.

[Nzekells]

Congratulations Tabaci11 on your appeal success. Normally, you'd have to wait to see if the respondent (HO in this case, I suppose) counter-appeals. If they don't (as is likely here being this is a HR issue), expect things to move in your favour. Once again, congrats.

[shockwave1986]

Hi,
Congratulations on your success. Would you mind sharing the details of your case ? ; i'm in a similar predicament, due to one occasion where my parents were sick I had to return home and look after them for a year. This also pushed my number of absences to 700 days in total. My solicitor made a strong case for me raising article 8, my brother's a British citizen by birth Also my partner and I are married but same sex marriage isn't recognised in our home countries. I also submitted medical certificates to show that they were sick and needed my care. I feel I have a strong case and asked HO to exercise discretion but I'm prepared to go to appeal if it comes to that.

Therefore I'm curious to know the elements that strengthened your human rights case. Many thanks.

[Tabaci11]

Congratulations Tabaci11 on your appeal success. Normally, you'd have to wait to see if the respondent (HO in this case, I suppose) counter-appeals. If they don't (as is likely here being this is a HR issue), expect things to move in your favour. Once again, congrats.

Many thanks Nzekells. Its has been 12 days since decision made and so far no action from Home Office. Fingers crossed........

Many thanks again...

[Tabaci11]

Hi,
Congratulations on your success. Would you mind sharing the details of your case ? ; i'm in a similar predicament, due to one occasion where my parents were sick I had to return home and look after them for a year. This also pushed my number of absences to 700 days in total. My solicitor made a strong case for me raising article 8, my brother's a British citizen by birth Also my partner and I are married but same sex marriage isn't recognised in our home countries. I also submitted medical certificates to show that they were sick and needed my care. I feel I have a strong case and asked HO to exercise discretion but I'm prepared to go to appeal if it comes to that.

Therefore I'm curious to know the elements that strengthened your human rights case. Many thanks.

I have spent continuous 245 days outside UK and 417 days in total 10 years. I went in person at Sheffield centre and got refused. The case worker just told me that my visa was refused just because of 245 days of absence. She even wrote in the decision letter that I dont have close ties to UK like I am not married, job, or even my past history. Although, I submitted my marriage certificate and employment letter.

Then I made appeal with the same documents but I wrote a letter explaining why I spent 245 days outside UK and why I should be given ILR.

In the decision letter, Judge mentioned that the case worker didnt look my case properly, and missed some points. And He also mentioned that she didnt take decision according to immigration rules. She could have take exercise discretion but she failed to do so.

I hope it helps.

Thanks.,

[friend2k9]

I have similar case. Can you please explain more about your case.
What were the reason for gap? how your solicitors prepared and what documents or evidence were attached.

[Tabaci11]

I have similar case. Can you please explain more about your case.
What were the reason for gap? how your solicitors prepared and what documents or evidence were attached.

Here are the details:

I came to UK in 09/2005 on student visa. After one extension i switched to PSW. Then at the end of PSW I left UK to do field work (6 months) in my home country (As required by employer). I re-enter UK with a fresh tier4 visa after spending 245 days in my home country. I became eligible for ILR in 09/2015.

I did contact many solicitors and no one said there are chances of getting ILR with 245 days absence.

I made application on my own in 03/2016 at Sheffield in person. As almost expected, The case worker rejected my application on the bases of 245 days of absence.

I submitted all evidence to prove that I was outside uk for a 245 days to do science work which is a part of a big project ($16M), and our work was awarded by Queen at Buckingham Palace in 02/2016.

Then I prepared appeal application in which I discussed whole scenario and explain what was the need of doing field work outside UK. And what is the impact of the project I am associated with. I also stated my close ties in UK like family, work etc.

And I got appeal decision which is in my favour.

I hope this helps to everyone who is in the same situation where I was.

Thanks.

[shockwave1986]

Thanks, congratulations again!

[Tabaci11]

Hello,

I need advice on my appeal decision.

I applied for ILR on the basis of 10 year long residency. My ILR was refused because I spent >180 days outside UK.

I made appeal application and my appeal has been dismissed under immigration rules but judge allowed my appeal under human rights acts Article 8. No anonymity direction is made.

Now, within 14 days Home Office asked for permission to appeal to Upper tribunal. What will happen? How long they can take?

Do I need to take any action after this or should I wait?

If they take longer than 6 months then Can I make another visa application (Tier 2). As my current visa (Tier 4) will expire on September 2016.

Please guide me.......

Many thanks.

[Tabaci11]

Hello,

I need advice on my appeal decision.

I applied for ILR on the basis of 10 year long residency. My ILR was refused because I spent >180 days outside UK.

I made appeal application and my appeal has been dismissed under immigration rules but judge allowed my appeal under human rights acts Article 8. No anonymity direction is made.

Now, within 14 days Home Office asked for permission to appeal to Upper tribunal. What will happen? How long they can take?

Do I need to take any action after this or should I wait?

If they take longer than 6 months then Can I make another visa application (Tier 2). As my current visa (Tier 4) will expire on September 2016.

Please guide me.......

Many thanks.

Can anyone please reply to my above post? I need your guidence.

Many thanks....

[CR001]

An appeal can take many months, there is a backlog and shortage of staff at that level.

You cannot make a new application while you have an appeal pending. You have to withdraw your appeal and then apply for a visa.

[Tabaci11]

An appeal can take many months, there is a backlog and shortage of staff at that level.

You cannot make a new application while you have an appeal pending. You have to withdraw your appeal and then apply for a visa.

Many thanks for replying to my post.

Would that be possible to re-appeal once I get my new visa if I withdraw the current appeal now?

Please guide.....I am stuck.....

[CR001]

Would that be possible to re-appeal once I get my new visa if I withdraw the current appeal now?

No, I don't think you can once you have withdrawn the appeal.

[shockwave1986]

Similar to you, my ILR got refused as I did not meet the immigration continuity requirements and according to them my human rights case is not compelling enough. My lawyer and I think they are being silly especially with their arguments. For example I provided medical reports to detail my parents' illnesses and why I had to stay and look after them. But because the doctor used the word 'advised' (eg xx was strongly advised to stay and provide the necessary care for his parents...) they conclude it was a choice me and my family made when in fact the medical reports clearly explain the life threatening conditions and that I was the best and only person to provide such care. There are other silly conclusions that don't add up.

Generally it feels the caseworker did not read the documents properly nor understood the case in the right context. Feels like they rushed through it after taking 5 months!

Anyway I have been given the right of appeal which I am exercising. How long did it take you to get a hearing from the date the HO made a decision ? Your answer would help a lot and now I have to change my plans for job applications...etc. Thanks.

[Tabaci11]

Similar to you, my ILR got refused as I did not meet the immigration continuity requirements and according to them my human rights case is not compelling enough. My lawyer and I think they are being silly especially with their arguments. For example I provided medical reports to detail my parents' illnesses and why I had to stay and look after them. But because the doctor used the word 'advised' (eg xx was strongly advised to stay and provide the necessary care for his parents...) they conclude it was a choice me and my family made when in fact the medical reports clearly explain the life threatening conditions and that I was the best and only person to provide such care. There are other silly conclusions that don't add up.

Generally it feels the caseworker did not read the documents properly nor understood the case in the right context. Feels like they rushed through it after taking 5 months!

Anyway I have been given the right of appeal which I am exercising. How long did it take you to get a hearing from the date the HO made a decision ? Your answer would help a lot and now I have to change my plans for job applications...etc. Thanks.

Sorry to hear about your refusal .........

After appeal application the first tier tribunal took 2 months for decision.

Have got family life in uk? I mean wife and child ?

[shockwave1986]

Yeah my solicitor's drafting my grounds of appeal. Amongst the reasons is that their calculation is wrong and my human rights have not been appropriately considered. Just need to hope for the best.

[Tabaci11]

An appeal can take many months, there is a backlog and shortage of staff at that level.

You cannot make a new application while you have an appeal pending. You have to withdraw your appeal and then apply for a visa.

Dear,

I have came across this document which states that I can make new application under same or different category while my appeal is pending.

here is the link

https://www.gov.uk/government/publicati ... ures-apl01

Go to 20.

Let me know what you think...

Many thanks..

[CR001]

That is for entry clearance from outside the UK. You are not applying for entry clearance.

[Tabaci11]

That is for entry clearance from outside the UK. You are not applying for entry clearance.

Many thanks for correcting me.

I want to withdraw appeal. Does any one know how long it takes to get withdrawal confirmation from Upper tribunal?

Many thanks.

[Tabaci11]

Hello,

My appeal was allowed by First tier tribunal but the Home office asked permission to appeal at Upper tribunal.

Here is the link for detail....

http://www.immigrationboards.com/indefi ... 09907.html

My current visa (Tier 4) will expire in september 2016. If upper tribunal dont respond before that what will happen to my dependent as she is on dependent visa until september 2016, And my daughter was born in april 2016. They are not included into appeal as it was under 10 years long residency route.

Now what will happen to them if they dont respond before september 2016?

I wrote them to withdraw appeal to make new application (Tier 2) but they said I can not withdraw appeal because Home office asked permission to appeal. So only Home Office can withdraw it.

Now I have no idea what to do..

Please guide me...

Many thanks.....

[ouflak1]

Why was the application refused? Was your daughter born in the UK? Does she have a visa?

[Tabaci11]

Why was the application refused? Was your daughter born in the UK? Does she have a visa?

Many thanks for the reply.

The application was refused because I have spent 180+ days out side UK to perform research work. And my daughter was born in UK after I applied for appeal, although I mentioned into application and appeal that we are expecting newborn. I didnt apply for her visa yet. The judge allowed appeal under human rights (Article \8).

My wife has dependent visa until september 2016 but my daughter doesnt have.

[vinny]

M.

See also IA157172014 [2015] UKAITUR IA157172014 (1 July 2015).

[Tabaci11]

Why was the application refused? Was your daughter born in the UK? Does she have a visa?

Many thanks for the reply.

The application was refused because I have spent 180+ days out side UK to perform research work. And my daughter was born in UK after I applied for appeal, although I mentioned into application and appeal that we are expecting newborn. I didnt apply for her visa yet. The judge allowed appeal under human rights (Article \8).

My wife has dependent visa until september 2016 but my daughter doesnt have.

Hello,

My 10 years long residency ILR appeal has been allowed by first tribunal. But home office asked for permission to appeal in upper tribunal.

Now I don't want to continue appeal and want to withdraw. But tribunal said I can not withdraw it because home office challenged to decision so only home office can withdraw it.

Can I ask home office to withdraw it ?

I need to react soon as my visa getting expire in September and I don't know that will happen status of my wife and daughter?

Could anyone help me ?...
Many thanks,

[vinny]

The Home Office lost your appeal and are appealing against the decision. If they withdraw, then they are conceding their defeat. Why would they want to withdraw?