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HI,

I appealed at First-tier Tribunal against the refusal of my ILR - the ground of appeal was not using discretion for my lengthy overseas stay for work to grant ILR.

The judge technically disagree with the length of my stay at overseas to be eligible for ILR, but realised the importance of work and emphasised that my case attracts discretion. Also he mentioned that I have option to extend my tier 1 visa (I never extended tier1 general visa). And he mentioned that whether reconsidering my ILR application or for Tier 1 extension, discretion should be exercised. He further pointed out that the decision given for removal at the time of refusal decision was illegal. All these points are discussed in the body section of the decision/determination.

But the judge gave his final decision as ' the appeal is allowed because the decision set for removal was illegal'. No further explanation is given.

So I was asking that they should use discretion and grant me ILR, and Judge allowed my case but the reason for allowing is different i.e. their decision to remove me was illegal, than my original ground.So my question is by allowing the case, is he allowed HO to grant ILR or not?

It would be helpful if you could post the judges determination blanking out all your personal details.

Was your appeal successful within the rules?What is your solicitor saying?

Samadhan wrote:HI,

I appealed at First-tier Tribunal against the refusal of my ILR - the ground of appeal was not using discretion for my lengthy overseas stay for work to grant ILR.

The judge technically disagree with the length of my stay at overseas to be eligible for ILR, but realised the importance of work and emphasised that my case attracts discretion. Also he mentioned that I have option to extend my tier 1 visa (I never extended tier1 general visa). And he mentioned that whether reconsidering my ILR application or for Tier 1 extension, discretion should be exercised. He further pointed out that the decision given for removal at the time of refusal decision was illegal. All these points are discussed in the body section of the decision/determination.

But the judge gave his final decision as ' the appeal is allowed because the decision set for removal was illegal'. No further explanation is given.

So I was asking that they should use discretion and grant me ILR, and Judge allowed my case but the reason for allowing is different i.e. their decision to remove me was illegal, than my original ground.So my question is by allowing the case, is he allowed HO to grant ILR or not?

Allowed means you have won. It means decision to remove is illegal. Now HO will issue you further communication.

uksettlement wrote:

Samadhan wrote:HI,

I appealed at First-tier Tribunal against the refusal of my ILR - the ground of appeal was not using discretion for my lengthy overseas stay for work to grant ILR.

The judge technically disagree with the length of my stay at overseas to be eligible for ILR, but realised the importance of work and emphasised that my case attracts discretion. Also he mentioned that I have option to extend my tier 1 visa (I never extended tier1 general visa). And he mentioned that whether reconsidering my ILR application or for Tier 1 extension, discretion should be exercised. He further pointed out that the decision given for removal at the time of refusal decision was illegal. All these points are discussed in the body section of the decision/determination.

But the judge gave his final decision as ' the appeal is allowed because the decision set for removal was illegal'. No further explanation is given.

So I was asking that they should use discretion and grant me ILR, and Judge allowed my case but the reason for allowing is different i.e. their decision to remove me was illegal, than my original ground.So my question is by allowing the case, is he allowed HO to grant ILR or not?

Allowed means you have won. It means decision to remove is illegal. Now HO will issue you further communication.

I concur and in total agreement with UKSETTELEMENT opininon on this issue. The word allowed in an appeal situation technically means the appellant/ complaint has won the case.

However, the full determinations of the case ought have been posted without neccesarily including your personal details.
The judge ought to have used his discretion in deciding which direction should Home Office take rather than throwing the discretion to HO,now that the judge has given HO blank cheque, it could decide between two available decisions to them . Am afraid, HO's discretion can go either way. However, what is clear is that HO has two options in your case (ILR or Extension) and the most significant aspect of the judgement is that you wont be deported which is a great relief. Though all these are speculations and it could turn out that HO gives you the GREAT NEWS which am praying for you and that is the ILR decision.

Thank you very much for your ideas.

What will be my next steps now? How do I approach UKBA? I think it is important for me to know the final decision before 28 days. From the discussions I have had so far, I am hopeful for ILR, but want to be sure in time.

Thanks.