Appeal lost at Upper tribunal, what next steps to take?
Posted: Mon Apr 10, 2017 12:23 pm
Hi, I am new here, but been reading posts for quite sometime.
Im just going to explain the situation.
My first visa was granted in January 2003, I came to UK as a student. I've done my bachelor, then masters then had Post study visa, and eventually switched to accounting, so continued to study. In 2013 I completed my 10 years LR, but I applied only in October 2014, because I still had student visa, that did expire in May 2015. My ILR refusal came in April 2015. The reason is that I have a gap of 73 days in 2008. My visa was exerting 25/03/08, so I was due to renew my visa. This is the chronology from 2008:
22/03/08 applied for leave to remain as a student, on 27/03/08 application was rejected, due to a fee issue.
31/03/08 re-applied , application was refused on 27/04/08 without right of appeal (invalid, out of date).
11/05/08 departed UK, 30/05/08 submitted documents, 4/06/08 visa was granted, 7/06/08 returned to UK as a student.
Im arguing my gap at court. FT extract: Had the respondent taken fees at that time, the appellant would certainly qualify for ILR. Had the respondent acted more promptly with fresh application, then the appellant would have been in a position to have made a n out of country application within 28 days of her leave expiring and therefore would still have qualified with continues leave. Even though i provided evidence, and it was accepted that i had more than sufficient funds, the judge ruled that the burden of proof lies with the appelant. Appealed to UT, used Basnet case about validity application, appeal was dismissed, they found no error of law, they said that it my responsibility to make correct application, even though i provided record sheets where it shows that Home Office sent me new form, so obviously I applied.
there is nothing else to it, the case is straightforward, but appeals are being dismissed. Please share your thoughts and experiences, I would be grateful. Thank you
Im just going to explain the situation.
My first visa was granted in January 2003, I came to UK as a student. I've done my bachelor, then masters then had Post study visa, and eventually switched to accounting, so continued to study. In 2013 I completed my 10 years LR, but I applied only in October 2014, because I still had student visa, that did expire in May 2015. My ILR refusal came in April 2015. The reason is that I have a gap of 73 days in 2008. My visa was exerting 25/03/08, so I was due to renew my visa. This is the chronology from 2008:
22/03/08 applied for leave to remain as a student, on 27/03/08 application was rejected, due to a fee issue.
31/03/08 re-applied , application was refused on 27/04/08 without right of appeal (invalid, out of date).
11/05/08 departed UK, 30/05/08 submitted documents, 4/06/08 visa was granted, 7/06/08 returned to UK as a student.
Im arguing my gap at court. FT extract: Had the respondent taken fees at that time, the appellant would certainly qualify for ILR. Had the respondent acted more promptly with fresh application, then the appellant would have been in a position to have made a n out of country application within 28 days of her leave expiring and therefore would still have qualified with continues leave. Even though i provided evidence, and it was accepted that i had more than sufficient funds, the judge ruled that the burden of proof lies with the appelant. Appealed to UT, used Basnet case about validity application, appeal was dismissed, they found no error of law, they said that it my responsibility to make correct application, even though i provided record sheets where it shows that Home Office sent me new form, so obviously I applied.
there is nothing else to it, the case is straightforward, but appeals are being dismissed. Please share your thoughts and experiences, I would be grateful. Thank you