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ILR (Long Residency) with Appeal timing query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

ILR (Long Residency) with Appeal timing query

Post by Ams2013 » 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
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Mon Sep 04, 2017 12:56 pm

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?
Any senior member response please ?

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Mon Sep 04, 2017 9:08 pm

CR001 / Zimba88 any thought please ?

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Tue Sep 05, 2017 11:29 pm

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?
Anyone with expert advise please !

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Thu Sep 07, 2017 12:24 am

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?
ANYONE HERE TO SUGGEST PLEASE ?

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Thu Sep 07, 2017 1:11 pm

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?
269 Views without any response , AMAZING !

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CR001
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Posts: 88120
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR (Long Residency) with Appeal timing query

Post by CR001 » 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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Thu Sep 07, 2017 4:33 pm

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.
CR001

Thanks for your response , at least you acknowledged my post !

What's your expert opinion on the post anyway.

Thanks

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zimba
Moderator
Posts: 21933
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR (Long Residency) with Appeal timing query

Post by zimba » 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
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: ILR (Long Residency) with Appeal timing query

Post by Ams2013 » Thu Sep 07, 2017 11:38 pm

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
Thanks

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