Refused ILR...extend stay/ appeal help?

[Obie]

Well I suppose you wait and see what they say.

It will be odd if they take the view that Section 3C is extant.

I suspect they refused the application substantively.

[helixus]

Will I have time to do anything about this or would I have to leave?

[Obie]

Will I have time to do anything about this or would I have to leave?

I believe appeal gives protection by virtue of section 78.

Judicial review may be possible.

[helixus]

Will I have time to do anything about this or would I have to leave?

I believe appeal gives protection by virtue of section 78.

Judicial review may be possible.

Thank you so much, that's a bit of a relief

Will I be able to work in the meantime and would I have to tell work the extension was refused and the reasons why ( I am concerned if this is due to conviction - could it be that a conditional discharge gives me no right to get a temporary visa even? )

[helixus]

I have been scratching my head what the refusal reason could be.

I did mention the conviction and that it's being appealed. I may have received a warning in 2010 though I'm not sure if this is official and I've applied since and never mentioned it. Could it be due to the conviction they did a thorough check and refused me for not mentioning this warning? Would that be deception? I genuinely was so focused on the actual serious legal matter that I didn't think of that twice, plus that in itself wouldn't get me my visa refused so I would have no reason to genuinely deceive them.

I just don't know what else to think and have to wait until tomorrow to get their letter but if the reason is omitted information, can a judicial review sort it out? After a refusal how much time are you given to do something before you're asked to leave?

[helixus]

I am writing regatding the completed application form you submitted for consideration to the Home Office on 16 September 2015 for leave to remain on the basis of Tier 2 Skilled Worket General Migant.
\ilhen this attempted application was made, you had an outstanding appeal against the Secretary of State's decision of 04 September 2015 to refuse your apptcation for leave to remain under Long Residency (10 Year) - ILR.
As you have an outstanding appeal we are unable to accept this attempted application. As indicated by the Tter2 S\W General Migtant form, Section 3C of the Immigtation Act 1971 (As Amended) prevents an applicant from making a fresh application whilst an appeal is outstanding or whilst an appeal could be brought
!7e are therefore returning yoru attempted application. Your fee will be refunded. You should be aware that no furthet action will be taken on this attempted application.
In addition to your passport being tetained, the Biometric Residence Permit (BRP) you submitted with your application has been retained and destroyed as it is no longer valid.
IMMIGRATION HEALTH SURCHARGE
If you have made an Immigtation Health Surcharge payment in telation to this application for leave to remainn may be refundable. If and when your Immigtation Health Surcharge is refundable we will provide you with futther notice.
To pursue a new application you would either need to withdraw your outstanding appeal or wait rrntil it has concluded. Please note that if your appeal is outstanding before the Upper Tribunal you will need their consent to withdraw it.
Alternatively, if you wish to provide further grounds to your appeal, you should contact the Immigption and Asylum Chambers. Further details can be found on their website here: wwwj(rstice. gov.uk/gl obalf contacts/hmcts/tribunals/immigration-asylum.htm,

[Obie]

Well I suppose you wait and see what they say.

It will be odd if they take the view that Section 3C is extant.

I suspect they refused the application substantively.

As I said in this post, it will be odd indeed if they took the view that Section 3C is extant.

Well that helps you in a way.

I think it is an error , as your leave had not expired at the time of their decision to refuse, and therefore section 3C cannot apply.

But if they took that view, as I predicted might have been the case, then there is not much that one can do, other than holding it against them in future.

In my Opinion, the criteria for the invocation of Section 3C is not applicable, which is why the previous section 82 of the nationality immigration and Asylum act 2002 did not provide for an appeal right in circumstances where a person has extant leave following the refusal if their variation application.

[helixus]

Why have they retained the passport and can I continue working in the meantime?

If the appeal is not allowed when the day comes, would they at least grant me FLR without making a fresh application as I doubt I can go down the Tier2 route again?

[Obie]

They retained the Old passport because I believe the other leave you had, expired during the application process.

They are saying the Tier 2 leave is extended by virtue of the appeal, however that does not seem right to me, as your appeal commences before your actual leave expired and section 3C has the effect of extending leave, it cannot extent a leave unless an extant leave had lapsed.

[helixus]

I worry because I believe I should show this to my HR dept at work and they could go for an employer checking service to see if I can continue to work with them. I wonder whether I should be able to as they're not giving me much of a choice. I tried to cover all corners with the appeal and the extension.

[Obie]

Should be fine if they say section 3C is in play.

[helixus]

In the unfortunate event of me not getting ILR when the appeal is heard, would they offer me the option of FLR without having to submit a fresh application? I doubt I could get back on the Tier2 route? I am worried what would my options be if the appeal is refused.

[Obie]

I dont understand the basis for the pessimism.

I am sure you will be able to get extension on the basis of long residence , at the very least .

[helixus]

God bless you Obie, you've been so helpful and supportive to me from day 1, just like you selflessly do for anyone in need on here.

[helixus]

I submitted my appeal against the rejected ILR mid September 2015.

Does anyone have any guidelines as to current waiting times? When should I expect a Tribunal date?

My ILR on the basis of 10 yrs continuous residence was rejected due to a conditional discharge given a year ago from today. It will take 2 years for the criminal matter not to affect my application, so what will be the likely outcome of my appeal?

What kind of representation should I seek? Will the judge grant me further leave if they reject my ILR appeal?


Thanks for the help

[CR001]

Appeals and tribunal dates seem to be taking a long time at the moment (many months for example).

[helixus]

Appeals and tribunal dates seem to be taking a long time at the moment (many months for example).

That is fine, I was told 9 months max, but could I be waiting until this time next year?

That would be a long wait but at least my conviction will be spent (past 2 years).

As it is can you please advise what legal representation to seek and do I stand a chance of winning such an appeal at all? Would they grant me further leave or deport me?

[helixus]

Please can someone help me please...

It is not clear to me at all what I should do when my appeal is heard, what kind of representation to seek etc

If the decision to refuse was in accordance with the HO rules due to bad character, what are the chances I will win at all?

What will happen next? Please help

[Obie]

I think appeal time varies depending on which region of the UK a person is based.

I find the matters in London are taking slightly longer than other regions of the UK.

Having said so, I find the tribunal in Birmingham very problematic.

You wait for 8 month. Then on hearing day you are put on floating , and then having to come again 4 months later.

I think it benefits you that things are dragging.

At the same time your lawful residence is continuing .

[helixus]

I think I am going a bit crazy...


I just read somewhere that if your ILR appeal is refused then your 10 yr continuance breaks.

So what am I supposed to do if 2 years haven't lapsed since my conditional discharge when the appeal for the refusal of my ILR due to this takes place?

They are likely to refuse for the same reason the HO did.

Or would they grant me further leave to remain? Would that mean 10 year residency does not break so I can reapply in the future?

I have no representative or date atm. When I get a hearing date, should I try to pay for one? I have got no idea how exactly anyone will help in my situation as every one I have spoken to doesn't seem to have a clue and I don't want someone as clueless as me getting paid for nothing

[helixus]

Am I guaranteed further leave at the very least?

[hussy7177]

Hi helxus,
I'm exactly in the same situation ,they refused my ilr with the right of appeal and I have lodged the appeal waiting for the date,and i got the refusal before my leave expired,I have sent another fresh ilr application yesterday purely to protect my 3c rights until the case gets heard at the court.
Can you kindly tell me ha you got the had your appeal heard yet ?