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Discretion in granting ILR

Posted: Sun Feb 07, 2016 2:10 pm
by hanif
Hi all,

I thought this was a more appropriate place for my query.

I would appreciate if someone could respond.

I was refused further leave to remain in May 2014 and had no right of appeal but my judicial review was promulgated first week of January.

Home office has so far not challenged the decision,when my LTR is granted,when can I apply for ILR and what are my chances?

Thank you and God bless.

Re: Discretion in granting ILR

Posted: Sun Feb 07, 2016 2:21 pm
by CR001
History of OPs many posts on refusal of Tier 1 extension.

http://www.immigrationboards.com/member/hanif/posts/

Re: Discretion in granting ILR

Posted: Sun Feb 07, 2016 2:55 pm
by hanif
Thanks for the link to my history,it's just that I need some respnse.

Re: Discretion in granting ILR

Posted: Sun Feb 07, 2016 5:57 pm
by Obie
What decision was made at the Judicial review?

This will determine if your judicial review restarted your section 3C or not. Perhaps those who represented you may have a better insight .

Re: Discretion in granting ILR

Posted: Sun Feb 07, 2016 6:56 pm
by hanif
Hello Obie,

Thanks so much,
the Judge said Home office should give further consideration to the provisions of 245AA and consider exercising her discretion to request further documents.

The application is granted and the decision under challenge will be quashed.

Re: Discretion in granting ILR

Posted: Wed Feb 10, 2016 2:42 pm
by hanif
Dear Obie,

unfortunately HO have gone ahead to ask for permission at the Court of Appeal.

The Judge at the Upper Tribunal already refused permission in her own judgement so they went to the Court of Appeal directly.

I don't know what to do or what will happen any more.

Please enlighten me as r I read somewhere that if they are refused permission that's the end they cant go further?

Thanks in anticipation

After 6 April ,what next for me?

Posted: Sun Mar 18, 2018 1:13 pm
by hanif
Dear All
It's quite a while since I've been in this situation.
I posted my application to extend late by one day,my application was refused.

Gone to JR,HO decided to appeal in COA,to cut a long story short eventually HO decided to withdraw the case and reconsider,I agreed and consent order has been sealed by court.

My worry really is this-eventually when the result is positive,how will I get ILR or what kind of stay will I be given?considering the fact that I've been an overstayer since 2014.

And 6th is less than 3 weeks away.
Many thanks in advance.

Re: After 6 April ,what next for me?

Posted: Tue Mar 20, 2018 5:24 am
by hanif
Hi anyone ?

Can anyone spare a little time out of their busy schedule to reply?

Thanks

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 11:13 am
by hanif
Update on my 4 year battle,I was sent a letter for biometrics, my dependants and I.

After that,BRP has been sent valid 3 years.

What I want to ask is when can I apply for ILR?

After submitting a day late and without leave for 4 years?Will the clock be reset,what category will I apply under?

Kindly help
Thanks in anticipation

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 11:28 am
by CR001
What visa does your BRP card say has been issued (exact wording)??

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 11:34 am
by hanif
Thanks CR001,

It says Tier
1 General Leave to remain

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 11:37 am
by CR001
Not sure how you will apply for ILR as that route is closed for main Tier 1 G visa holders.

When do you reach 10 years long residence?

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 11:56 am
by hanif
Exactly, I'm confused.

Ì arrived July 2009 but since I've spent 4 years without valid leave?

That's my dilemma now

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 11:59 am
by CR001
You might have to look into switching to Tier 2 general then if you can get a sponsor.

Did you receive any letter from HO at all about your current visa grant?

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 12:09 pm
by hanif
Yes I did,it says Application for leave to remain user points based system

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 12:12 pm
by hanif
Application for leave to remain tier1 general points based system

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 12:14 pm
by CR001
At a loss on any advice or HO's thinking in granted you a visa category that no longer exists.

Suggest wait for Obie to respond.

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 1:04 pm
by hanif
Thank you for your time


Ill do that

Re: After 6 April ,what next for me?

Posted: Tue May 15, 2018 1:13 pm
by hanif
Please Obie,

What's your opinion on my situation?

Looking forward to your response

Thanks

Re: After 6 April ,what next for me?

Posted: Thu May 17, 2018 9:19 am
by hanif
Hello, anybody?

Obie,other gurus?

Can I apply for ILR in a year's time ?

Posted: Thu May 24, 2018 3:34 am
by hanif
Hi All,

Is it possible to apply for ILR in a year's time considering my immigration history.

Coincidentally I'll be ten years in July.

Please help.

Thanks

Re: After 6 April ,what next for me?

Posted: Wed Jun 13, 2018 8:07 am
by hanif
Hi all,

I'm still waiting for other gurus insight into my case,
Apart from the suggestion of Tier 2,any thing I can do,like apply for ILR anyway after I've worked for a year and see what happens?

Obie,other moderators?

Thanks for your time

ILR BY LONG RESIDENCY

Posted: Mon Jul 29, 2019 3:25 pm
by hanif
Hi all,
please I want to apply for 10 years long residency since I am not sure whether I can apply in any other category.
I applied out of time by one day and just got my visa tier 1 leave to remain in May 2018 after 4 years in court.
what will my chances be ?
Thank you in advance

Re: ILR BY LONG RESIDENCY

Posted: Mon Jul 29, 2019 3:29 pm
by CR001
hanif wrote:
Mon Jul 29, 2019 3:25 pm
Hi all,
please I want to apply for 10 years long residency since I am not sure whether I can apply in any other category.
I applied out of time by one day and just got my visa tier 1 leave to remain in May 2018 after 4 years in court.
what will my chances be ?
Thank you in advance
Topics Merged.

You need to have 10 years legal residence for ILR based on long residence. You don't appear to have that.

Re: ILR BY LONG RESIDENCY

Posted: Mon Jul 29, 2019 11:14 pm
by hanif
CR001,Thanks,
What can I do?since I can’t apply under tier1 even though my brp is saying tier 1.
So I start counting 10 years from 2018?
Or apply under exceptional circumstances?