Status of 5 year residence after JR

[hanif]

Hi All,

I am appealing to seniors on this forum to please answer this question/query.

I am sorry if there is something similar dont know where to look.

I applied for Tier 1 visa extension a day late,due to my child being sick,but no proof of that.unfortunately this happened previously submitting a day late.I got the visa approved.

This present one got rejected,due to maintenance funds and accountant letter missing gross profit.

I am in JR now,paper was rejected,oral was permitted and 2 grounds out of 3 allowed.

Judge says ground 2 is unarguable that they cannot assume that the accountants letter should be seen as a cover letter and all other information was on the attached pages.
Judge says HO should have not assumed that the funds were not available,I used Halifax and on a weekend transfers show on the next working day but money is immediately available and it shows the time and date of transfer in the narration.
Corroborating evidence in form of a letter from the bank has been refused.
No date for substantive hearing yet.

I have been told to expect an IS96.What effect does temporary admission have in my case?

I still hold on to hope(maybe the Supreme court ruling on Evidential flexibilty can work in my favour)but I want to know if the JR is won,what consequences for ILR?

Thank you in anticipation.
p.s I was short of about 2 months to ILR.

[hanif]

Hi
anyone?

[naveediiqbal]

Hi
anyone?

How much time you have spent until last of your appeal option?

When you are expecting JR decision?

[hanif]

Hi,Naveediqbal

Thanks for replying.

Like I said I posted one day late,I received the refusal May 2014,permission granted by oral May 2015.

Barrister says the court will soon list JR substantive hearing date.

[naveediiqbal]

Hi,Naveediqbal

Thanks for replying.

Like I said I posted one day late,I received the refusal May 2014,permission granted by oral May 2015.

Barrister says the court will soon list JR substantive hearing date.

Hi, I asked how much of your legal continuous stay in UK. Which could be up to last leaves expire. If that's less then five years then you must win JR so remaining period would add up otherwise it won't as JR does not give 3c 3d leave.

[hanif]

Oh,I had leave till February,wanted to extend till July since I landed in July although I received Visa in March,I was about 5 months late to arrive the first time.
Yes I do know I dont have leave because I am not working

I wonder why Halifax has adifferent banking method from some other banks,thats the main reason for refusal,I believe if the case worker had accepted the date on the narration,I am sure evidential flexibility would have h worked for the other reason for refusal,not so?

So if JR is won legal residency continues even with one day overstay?

I pray to win.

[naveediiqbal]

Oh,I had leave till February,wanted to extend till July since I landed in July although I received Visa in March,I was about 5 months late to arrive the first time.
Yes I do know I dont have leave because I am not working

I wonder why Halifax has adifferent banking method from some other banks,thats the main reason for refusal,I believe if the case worker had accepted the date on the narration,I am sure evidential flexibility would have h worked for the other reason for refusal,not so?

So if JR is won legal residency continues even with one day overstay?

I pray to win.

I am not 100% sure about your out of time application stay by one day. But if your application is refused and you are going for JR and then subsequently wins it then your time from the day of application to the grant of visa become valid. But you loose then won't.

[hanif]

Thank you so much Naveediiqbal,for taking time to reply me,does any one have any views or experiences to share with me,to lift my spirits please or just to make me see the reality.

Thanks

[hanif]

Please what are the chances of winning this JR especially the maintenance issue and Halifax system of putting
deposits made on weekends on the statements as next working day,fresh evidence not accepted by court.

This is the banks fault not all banks do this,HSBC puts the exact date of the deposit.

Please,please share your knowledge and experience.

Thanks.

[akinsman]

Hello Hanif. i wish you the best of luck at the JR. i am in a similar situation, got my visa extension refused for reasons given by HO as inability of my accountant to confirm gross and net pay, tax deduction,salary and net payment. I have lodged JR and waiting for decision from the Tribunal. it is very unfortunate to learn of your case and i pray that you will be successful. Please can you share more information on the Judge's decision in regards to gross profit because my accountant letter did show gross profit before tax (tax was not due at the time of submission of my application)

[hanif]

thanks for your concern,Akinsman,

It's not a good situation to be in especially since I no longer have the right to work.

The Judge said at the oral permission that ground 2 which was the accountant letter not being in a specified format,is not arguable so I dont know what that really means,whether its a topic that cant be touched at the substantive hearing or not.

i am praying they can find a way to use Evidential flexibility to go round it.

A solicitor said he had seen a case like that before where the judge ruled that they could have extracted the information from the other papers attached to the accountant's letter.

Just pray,this matters are straightfoward but its always made complicated.

Look at my maintenance a bank accepts that the money paid in on a weekend is available immediately but it shows next working day on the statement,I can spend the money immediately and the narration says it all but because the date is for the next working day,i'm refused.

Are you waiting for court date?or what stage are you?

[akinsman]

Hi Hanif. Your case is very pathetic and I want to believe that you will need a strong argument at the hearing. HO does not rely on word of mouth but evidence in form of document to prove your case. The only plausible argument in this case is your bank ability to show that the payment was made on a weekend and the account credited same day but the system can not generate the information on weekend and therefore carried it to the next working day. The argument will now be your words against theirs and this is where the Judge uses his discretion to decide your case. The rule on maintenance clearly stipulates 90 working days and the amount must also be in the account for the 90 days period, you need to impress it on your bank. If the account was credited immediately but the date was taking to the next working day then you have a strong point but this is usually not the case. Whichever way you want to see it, God is your saviour and the bank is the power you need now.

My own case is about wrong format used by accountant for my statement of income and expenditure as alleged by HO. I am a self employed sole trader, it is rather unfortunate that the case worker refused my application because the accountant letter did not show dividend, net payment, tax deduction, salary, gross and net pay. How can a self employed sole trader show net payment and dividend. Also, at the time of sending my application the tax year had not ended so where is the tax document to show the tax I was going to pay or that has been paid. Has anyone ever heard of paying salary to sole trader for example, if you walk into store and buy any item, do you pay salary to the store owner? This IS laughable and when you make payment to the cashier at the till, do you help HMRC to deduct tax and NI from the loaf of bread you have bought at the store and what the store owner has now received is the net payment. As we say in my country, laff wan kill me.

Well I have submitted claims for JR and waiting for decision from the tribunal. HO had acknowledged the service for claims for JR and we are now waiting for the tribunal to make its pronouncement. This is a matter that you should not have been taken to JR in the first place but i am putting all my hope on God to save me in this case. I wish you the best of luck.

[hanif]

Dear All,

Please I crave your indulgence for a problem that's being eating me up,

I seriously need replies.

I applied for 2nd extension for Tier1 in 2014 April,submitting one day late

I had being in the UK since July 2009 so I was short of about 3-4 months to get to 5 years.

My application was refused,I am an overstayer,and I report every 2 weeks from last month but the question is after a successful Judicial review,when can I apply for ILR?or will the clock be reset?

Please I need replies.thank you in advance.

[hanif]

Hi All
Kindly air your opinions on this issue-I have to take my bank statement to the hearing with me,is this so they can ascertain costs?

Thanks in anticipation

[secret.simon]

What kind of hearing are you querying about?

[hanif]

Thanks Secret Simon

It's a Judicial review substantive hearing

[CR001]

For what application that you made?

[hanif]

It's for Tier1 extension that was refused,since I submitted a day late the only option was Judicial review.

[vinny]

Topics merged.

[hanif]

Dear Vinny,

I did not intend to duplicate the thread,it was an innocent standalone question,but if you insist and the very least you can do is add your voice,thank you, I appreciate it.

[vinny]

The topics were merged because, as illustrated from secret.simon's and CR001's responses, there was insufficient information in your "stand-alone" question to answer it.

My guess is that they require your bank statements because of your Maintenance funds issues.

[hanif]

Thanks Vinny for taking time to reply

The lawyer said its in accordance with Tribubal directions,they need evidence of my means to pay costs if I lose the case.

So if the case is lost I lose my money again.
My maintenance funds are still in my savings havent touched it but I might now.

Do you think I have a need for it again with Home office-can they say produce maintenance fund again?

Can that be part of a decision of JR?

Thanks so much.

[hanif]

Hello?

[naveediiqbal]

Thanks Vinny for taking time to reply

The lawyer said its in accordance with Tribubal directions,they need evidence of my means to pay costs if I lose the case.

So if the case is lost I lose my money again.
My maintenance funds are still in my savings havent touched it but I might now.

Do you think I have a need for it again with Home office-can they say produce maintenance fund again?

Can that be part of a decision of JR?

Thanks so much.

IMHO JR is a mean to get a fair decision in your previous application which was wrongfully refused so I cant see why they would see your current maintenance of funds. The fight is state of affairs at the point of application.

[hanif]

Thanks, Naveediqbal,

I agree with you that the main thing is they should conclude that they were wrong in saying I was short of one day.I never knew it would go to full hearing thinking they would concede before it got this far,for goodness sake it was a transfer between my own accounts in the same bank and which was immediate.

They just decided not to count the weekend as you know some banks dont show weekend dates but show the first working day after the transfer.

Just pray that I get a Wise and rational judge,its not fair being penalised for a particlar bank's way of doing things.If I had known they were that way I would have stuck to HSBC.

Sorry for the long rant,its just painful.Thanks once again.