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If appeal right exhausted fresh application vary to ILR
Posted: Sun Jun 11, 2017 3:06 pm
by Tee456
Dear Forum members,
I need your expertise on my immigration matter as below:
2007 - 2010. Student Visa
2010 - 2012. Post Study Worker Visa
(My wife joined me in UK as PSW dependent during 2011, staying always dependent later)
2012- Applied FLR (O)
2013- Refusal with rights of appeal
During 2013- 2015 - FTT refused- UT refused and Court of Appeal exhausted all appeal rights with no permission for hearing (3c leave ends here..?)
Applied fresh application FLR (FP) on compassionate grounds within 28 days of Court of Appeal decision which is still pending till now with fees deducted, biometrics done and IHS paid as well for me and 1 dependant wife.
During May 2017 I have completed 10 years residency in UK with above situations and current application still pending for decision.
Our Pakistani passports are within the office retention since 2012 and even expired now.
Kindly let me know if I can apply for settlement ILR on this occasion and how ?
Please advice in case of accepted FLR, my previous continuity of residence will be counted for 10 years ILR.
Should I go ahead for ILR and if rejected then where I fall?
Kindly ask whatever needed.
Thank you very much and kind regard
-- Tee
Re: FLR FP variation to ILR
Posted: Sun Jun 11, 2017 4:04 pm
by zimba
No. You have been an overstayer since you exhausted all appeal rights in 2015 and since then your lawful stay clock has stopped as your section 3C ended
You have no 10 years of lawful stay in the UK and no basis on which to apply for SET(LR)
Re: FLR FP variation to ILR
Posted: Sun Jun 11, 2017 11:52 pm
by Tee456
zimba88 wrote:No. You have been an overstayer since you exhausted all appeal rights in 2015 and since then your lawful stay clock has stopped as your section 3C ended
You have no 10 years of lawful stay in the UK and no basis on which to apply for SET(LR)
Thank you for reply (Zimba88).
Please guide me on below:
Actually in my case there are some serious human right issues involved and in past I tried my utmost best to do not break my continuous residency till now.
I am so desperate sitting on a bubble for 18 months without working life (No right to work), falling in severe depression day by day.
I can't withdraw from all this to go back home as I represent such kind of medical problems not at all treatable in back home and diagnosed in UK, what is already confirmed by consultants and doctors from both countries.
I consulted with some solicitors and they say I am in a grey area and should ask home office discretion and can vary my this application then if rejected, HO will give right of appeal on Long residency basis. But if recent FLR rejected with no right of appeal then there is only JR left...
Please guide me what should I do in present situation as:
>> If my recent application accepted then previous continuity will be counted or not?
>> If I am not lawfully present in UK right now then on what basis I''ve A VALID application pending with HO?
>> should I seek my local MP's help in this regard for assistance to ask HO for decision?
There is general phenomenon to do not involve MP help otherwise to get your application rejected then.
Thank you for reading lengthy descriptions but your response highly appreciated.
Regards
Re: FLR FP variation to ILR
Posted: Mon Jun 12, 2017 11:34 am
by zimba
You have gone through an appeal process and the judges did not see any reason for you to stay in the UK. Having an illness or health problems are NOT considered human rights issues in general. You must have a lawful and legitimate reason on why you must be given a residence in the UK.
>> If my recent application accepted then previous continuity will be counted or not?
Yes
>> If I am not lawfully present in UK right now then on what basis I''ve A VALID application pending with HO?
You applied within 28 days of becoming an overstayer which makes your application valid but that does not means you have not been overstaying since then.
>> should I seek my local MP's help in this regard for assistance to ask HO for decision?
Yes, up to you
Re: FLR FP variation to ILR
Posted: Mon Jun 12, 2017 1:44 pm
by Tee456
zimba88 wrote:You have gone through an appeal process and the judges did not see any reason for you to stay in the UK. Having an illness or health problems are NOT considered human rights issues in general. You must have a lawful and legitimate reason on why you must be given a residence in the UK.
>> If my recent application accepted then previous continuity will be counted or not?
Yes
>> If I am not lawfully present in UK right now then on what basis I''ve A VALID application pending with HO?
You applied within 28 days of becoming an overstayer which makes your application valid but that does not means you have not been overstaying since then.
>> should I seek my local MP's help in this regard for assistance to ask HO for decision?
Yes, up to you
Thank you so much zimba88, for kind response but i am still stuck on below as asked previously:
''I consulted with some solicitors and they say I am in a grey area and should ask home office discretion and can vary my this application then if rejected, HO will give right of appeal on Long residency basis. But if recent FLR rejected with no right of appeal then there is only JR left....''
And there might be less chance i could win in JR as i am continuously losing article 3, article 8 since 2012 till yet.
>> So my question is, Am i in legal position to vary recent application or at least change of circumstances on 10 years? (what do you suggest please)
>> As my recent application can be last resort to save my previous continuity, What is maximum probability to save this application from rejection/ and in case of rejection with right of appeal, will still continue my continuity?
I appreciate your patience and kind heart.
Eager to hear your v helpful feedback
Tee
Re: If appeal right exhausted fresh application vary to ILR
Posted: Mon Jun 12, 2017 3:45 pm
by zimba
You CANNOT vary an out-of-time FLR to 10 years ILR. Any solicitor who says it is possible is lying to you for your money. You already applied, appealed and failed to secure an FLR which means there were no human rights issues to be considered. The chances that you will win this on human rights basis in future appeals or JR are slim
Re: If appeal right exhausted fresh application vary to ILR
Posted: Mon Jun 12, 2017 9:17 pm
by Tee456
zimba88 wrote:You CANNOT vary an out-of-time FLR to 10 years ILR. Any solicitor who says it is possible is lying to you for your money. You already applied, appealed and failed to secure an FLR which means there were no human rights issues to be considered. The chances that you will win this on human rights basis in future appeals or JR are slim
OK, if doors for variation already closed then I need to maximise the chances of success to save previous continuity.
>> should I submit additional grounds in terms of Section 120 notice for long residence but if this gives rise to make any success?
>> If my current application refused with appeal- does this still support my continuity or just stops again with refusal? Or does this goes till JR..
Please guide. Thanks
Re: If appeal right exhausted fresh application vary to ILR
Posted: Tue Jun 13, 2017 12:10 am
by zimba
>> should I submit additional grounds in terms of Section 120 notice for long residence but if this gives rise to make any success?
I am not sure what that is going to do.
>> If my current application refused with appeal- does this still support my continuity or just stops again with refusal? Or does this goes till JR..
Irrelevant. It seems you are in denial that you do NOT have continuous stay in the UK and are an overstayer
Re: If appeal right exhausted fresh application vary to ILR
Posted: Tue Jun 13, 2017 11:02 am
by Tee456
zimba88 wrote:>> should I submit additional grounds in terms of Section 120 notice for long residence but if this gives rise to make any success?
I am not sure what that is going to do.
>> If my current application refused with appeal- does this still support my continuity or just stops again with refusal? Or does this goes till JR..
Irrelevant. It seems you are in denial that you do NOT have continuous stay in the UK and are an overstayer
Thank you for replying.
''The easiest way to solve a problem is to deny it exists.''
I am battling around since 2012 and telling the truths to authorities rather than false documents and statements. This is 1000% true that i will not surrender and fight with my last breath not at all lose hope ever.
I've paid 30-40 grands in form of taxes, working hard with chronic medical problems in UK, instead of hide and seek working life to save taxes and money like manys...
As per your precious guidelines above, i am still in position to hold continuity if my recent application accepted, that's why i asked what would be the case if refused but with right of appeal- or JR approve ?
(You are expert , i am not and sorry if this feels immature to you)
My this query was not irrelevant but in line with the matter we are discussing, SIR.
Thank you and love to get your feedback
Re: If appeal right exhausted fresh application vary to ILR
Posted: Tue Jun 13, 2017 1:14 pm
by MALIK336
Hello mate you have no chance to stay home oft wil refuse you staright way
Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Sat Jan 13, 2018 1:26 pm
by Tee456
Hi everyone,
I need your expert help on below;
My appeal rights exhausted November 2015.
Within 28 days submitted FLR FP with dependent.
Application remained pending and valid. Meanwhile completed 10 years in country.
On multiple advices submitted ILR (LR)on variation of FLR FP in July 2017 at PEO Croydon.
Case worker acknowledged all chronology and gave letter says application is VALID and need further enquiries.
Few days before received Refusal on 276B (1a) with no appeal rights.
I and my wife visa Fees are still and IHS are still with HO on previous application flr fp.
Home office agreed with lawful continuity until appeal rights or 3c exhausted but did not afterwards.
I am still confused that why they detailed this application as valid beforehand when submitted?
Even though in covering letter I detailed everything about my immigration history.
Kindly advise for further fight...
Grateful to the House.
Re: Long Residence (10 years) SET (LR) applications
Posted: Sat Jan 13, 2018 4:41 pm
by Tee456
Please experts,
I'll appreciate you guys ( Vinny, Obi, Zimba etc) help on this asap...
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Sun Jan 14, 2018 4:35 pm
by zimba
I explained above in detail why you cannot get ILR as you DID NOT have 10 years of lawful residence in the UK, hence refusal under 276B (1a). A valid application can lead to an automatic refusal, such as yours. Repeating yourself is not gonna help
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Mon Jan 15, 2018 3:49 am
by Tee456
Thank you for reply.
Please guide if I can revert back to flr fp, case already with home office or with variation that is not alive?
I just had a baby boy in UK and if this can help by any chance?
Please guide what to do in next except to go back..
Thanks
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Mon Jan 15, 2018 2:13 pm
by Tee456
Kindly please advise on above; should I apply for reconsider the decision as you see they accepted out of time application to vary into ILR which was far from sure.
My FLR FP still exists or not as all fees and IHS payments still with UKVI?
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Mon Jan 15, 2018 2:36 pm
by zimba
No it does not exist. You already varied it to ILR and failed. I do not see a way forward I am afraid
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Sat Jan 20, 2018 2:38 am
by Tee456
The only favour HO gave is to state further reasons to stay in country under Section 120.
(No any repeated or old reason already considered)
Please guide me if I can bring new matter into attention of my child birth recently?
Kindly advise
Thank you
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Sun Jan 21, 2018 9:35 pm
by zimba
Having a child born here in most cases like yours does not lead to any immigration privileges
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Sun Apr 15, 2018 3:26 am
by Tee456
Hi,
Sorry to give you nudge after a while..
Further to refusal of ILR with no rights of appeal given, reconsideration request have been refused by HO.
I have lunched JR, currently in the process of PAP and HO responded with maintaining the refusal decision. Further grounds have been submitted with UT and HO.
I really need to mention that purpose of JR is for right of appeal which was not given by HO refusing ILR application under paragraph 353, repeat claim under article 3 and article 8 of Human Rights, also appeal rights exhausted with continuity broken afterwards.
HO can not refuse my ILR (SET Lr) application mentioning that my previous human rights claim had been considered already??
Please, see chronology above and kindly help with useful advice.
Thank you
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Sun Apr 15, 2018 3:28 pm
by Tee456
Dear experts,
Kindly advice on above to help
Re: If appeal right exhausted fresh application vary to ILR
Posted: Mon Apr 16, 2018 1:10 am
by zimba
zimba88 wrote: ↑Mon Jun 12, 2017 3:45 pm
You CANNOT vary an out-of-time FLR to 10 years ILR. Any solicitor who says it is possible is lying to you for your money. You already applied, appealed and failed to secure an FLR which means there were no human rights issues to be considered. The chances that you will win this on human rights basis in future appeals or JR are slim
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Mon Apr 16, 2018 2:15 am
by cyclina1
Tee456 wrote: ↑Sun Apr 15, 2018 3:28 pm
Dear experts,
Kindly advice on above to help
Once your FLR(O) appeal exhausted, 3C end and that's it... new application of FLR (FP) cannot restart your 3C leave and thus you don't have right for 10 years ILR, because you have no legal leave during FLR (FP) application/ appeal, although you are in the UK......
actually if you left the country immediately after FLR (O) fails and reapply the leave to enter the UK immediately (by some ways),
less than 28 days gap without valid leave can be disregarded and actually you were eligible for 10 year ILR.
however, the people who taught you to apply FLR (FP) in the UK really screwed you up!!!!! because even you got the leave from FLR (FP), clock already reset to zero and you have to wait for the other 10 years for ILR.
Re: Long Residence (10 years) varied from FLR(FP) after appeal exhausted
Posted: Tue Apr 17, 2018 1:33 am
by Tee456
Cylina!
Thank you for your reply and useful information but already missed by me.
However your response remains partially irrelevant to my query in response of the ILR refusal under paragraph 353. Although 3c finished with exhausted appeals and HO imposed paragraph 353 mentioning repeat claim (previous FLR O in 2012) does not strongly support the legitimate ILR refusal. ( Please advise if right of appeal successes in JR??)
Also, where the 28 days concessional days matter, please see below link where my current situation lies and moderator 'Obie' support the version relevant in my case;
indefinite-leave-to-remain/ilr-10-years ... 43725.html