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Ams2013 wrote: ↑

Sun Sep 03, 2017 11:07 pm

I am planning to apply for ILR (LR) however three years back I had some Tier 1 Appeal history as below;
04 Jan - T1 (Initial) Visa refused with right of appeal to be lodged by 20 Jan
19 Jan - My solicitor filed the appeal on time before deadline
10 Feb - Receive a letter from the tribunal of proposing to treat the appeal as out of time as they suggest they did not receive the letter to lodge the appeal in time.
My solicitor responded by providing proof of recorded post receipt dated 19 Jan which was evident that appeal was lodged in time before the deadline of 20 Jan. Tribunal processed the appeal after that explanation and I won the appeal in the first hearing.

I recently requested SAR which includes:
a) CID appeal maintenance record which shows appeal lodge date as 25 Jan and the out of time appeal box is NOT being ticked
b) IAFT form which also has stamped of 25 Jan as appeal being received by the tribunal.

Given the above situation, I consider my appeal was made in time and my 3C should be intact however my concern is the appeal lodge date (25 Jan) is after deadline 20 Jan and is 21 days after the refusal date 04 Jan, if this can cause any issue for my ILR (LR) application?

Ams2013 wrote: ↑

Sun Sep 03, 2017 11:07 pm

I am planning to apply for ILR (LR) however three years back I had some Tier 1 Appeal history as below;
04 Jan - T1 (Initial) Visa refused with right of appeal to be lodged by 20 Jan
19 Jan - My solicitor filed the appeal on time before deadline
10 Feb - Receive a letter from the tribunal of proposing to treat the appeal as out of time as they suggest they did not receive the letter to lodge the appeal in time.
My solicitor responded by providing proof of recorded post receipt dated 19 Jan which was evident that appeal was lodged in time before the deadline of 20 Jan. Tribunal processed the appeal after that explanation and I won the appeal in the first hearing.

I recently requested SAR which includes:
a) CID appeal maintenance record which shows appeal lodge date as 25 Jan and the out of time appeal box is NOT being ticked
b) IAFT form which also has stamped of 25 Jan as appeal being received by the tribunal.

Given the above situation, I consider my appeal was made in time and my 3C should be intact however my concern is the appeal lodge date (25 Jan) is after deadline 20 Jan and is 21 days after the refusal date 04 Jan, if this can cause any issue for my ILR (LR) application?

Ams2013 wrote: ↑

Sun Sep 03, 2017 11:07 pm

I am planning to apply for ILR (LR) however three years back I had some Tier 1 Appeal history as below;
04 Jan - T1 (Initial) Visa refused with right of appeal to be lodged by 20 Jan
19 Jan - My solicitor filed the appeal on time before deadline
10 Feb - Receive a letter from the tribunal of proposing to treat the appeal as out of time as they suggest they did not receive the letter to lodge the appeal in time.
My solicitor responded by providing proof of recorded post receipt dated 19 Jan which was evident that appeal was lodged in time before the deadline of 20 Jan. Tribunal processed the appeal after that explanation and I won the appeal in the first hearing.

I recently requested SAR which includes:
a) CID appeal maintenance record which shows appeal lodge date as 25 Jan and the out of time appeal box is NOT being ticked
b) IAFT form which also has stamped of 25 Jan as appeal being received by the tribunal.

Given the above situation, I consider my appeal was made in time and my 3C should be intact however my concern is the appeal lodge date (25 Jan) is after deadline 20 Jan and is 21 days after the refusal date 04 Jan, if this can cause any issue for my ILR (LR) application?

Ams2013 wrote: ↑

Sun Sep 03, 2017 11:07 pm

I am planning to apply for ILR (LR) however three years back I had some Tier 1 Appeal history as below;
04 Jan - T1 (Initial) Visa refused with right of appeal to be lodged by 20 Jan
19 Jan - My solicitor filed the appeal on time before deadline
10 Feb - Receive a letter from the tribunal of proposing to treat the appeal as out of time as they suggest they did not receive the letter to lodge the appeal in time.
My solicitor responded by providing proof of recorded post receipt dated 19 Jan which was evident that appeal was lodged in time before the deadline of 20 Jan. Tribunal processed the appeal after that explanation and I won the appeal in the first hearing.

I recently requested SAR which includes:
a) CID appeal maintenance record which shows appeal lodge date as 25 Jan and the out of time appeal box is NOT being ticked
b) IAFT form which also has stamped of 25 Jan as appeal being received by the tribunal.

Given the above situation, I consider my appeal was made in time and my 3C should be intact however my concern is the appeal lodge date (25 Jan) is after deadline 20 Jan and is 21 days after the refusal date 04 Jan, if this can cause any issue for my ILR (LR) application?

CR001 wrote: ↑

Thu Sep 07, 2017 1:13 pm

If members are not responding, it is either because they cannot answer you as they don't know or your post/timeline of events is not clear.

If you need urgent advice, you are of course free to pay an OISC advisor/solicitor for advice. We do offer our time for free on the forum in between working and family commitments and are not necessarily all immigration lawyers offering advice.

zimba88 wrote: ↑

Thu Sep 07, 2017 4:58 pm

You can write to the tribunal and request a confirmation. I assume they processed it as in time which should protect your status under section 3C.
Again you need to confirm this with them first