ILR 10 years lawful resident

[Arifa]

We r in a very tough situation right now. If anyone here can share any knowledge of my kind of immigration problem I would be really grateful.
We applied for set(o) visa 3months agi and it was certified unfounded stating we don’t have family life in the U.K. so that they haven’t given us any incountry appeal right. We have a 2years old daughter & we r living happily here for nearly 10years with lots of good friends. We have submitted a judicial review against the decision but worried whether the judge would grant an appeal right.

[CR001]

On what basis or what visa category did you submit Set(O)?

What is your full UK immigration history?

If you have been here for 10 years, why did you not apply on SET(LR)?

[Arifa]

Set(o) was for family life on human rights ground. Basically that was first half of my story.we applied for ILR on 10/10/2017 & eventually refused and we have sent a PAP to the home office.

[CR001]

What visa did you hold before you applied for Set(O), this is what I am asking? Form Set(O) is not a human rights application form.

Also, if you have lived in the UK for 10 years, what is your full UK immigration history?

[Arifa]

My husband was on tier 1 visa & I was his dependant. Since his company revoked we applied FLRO then set(o)

[CR001]

Since his company revoked we applied FLRO then set(o)

How long did you hold FLR(O) visa for?

[Arifa]

For two months then we varied set (o) then after set (o) unfounded certified we applied FLRFP within 14days then varied set LR.

[CR001]

What a mess.

It would be useful if you can post each visa held over the last 10 years with the visa start dates and expiry dates of each and the dates you applied FLR(O) and Set(O) plus refusal date and the date you applied for FLR(FP) and the date you varied to Set(LR).

If you expect any help, you will need to detail the immigration timeline with all the relevant dates.

[Arifa]

As my husband is the main applicant his immigration history is
09/10/2007 entry to uk
2010 visa extension as a student
2013 extension as PSW
2015 Visa extension as TIER 2
Visa was valid until 26/11/2017 but company was revoked in 2016 then applied FLRO in June 2016 then varied set(o) in august 2016 hoping we will get appeal right but hadn’t.
Got the decision of set(o) in March 2017 then applied FLRPP then 10/10/2017 for ILR at Belfast home office and refused without appeal.

[Arifa]

No that was in person at Belfast

[CR001]

What date did you cone to the UK?

You didnt qualify for Set(O) so tbat refusal was correct.

[Arifa]

I came to this country in 14/02/2008

[Arifa]

My husband applied for set(o) and ILR not me.

[CR001]

So what have you applied for if your husband applied for Set(O) and long residence ILR??

[Arifa]

I have applied FLRFP

[md haque]

Hello,
Your timeline isn't very clear to have better opinions. You said something about a rejection of SET (O) 3 months ago then you written it was in March 2017 which is almost 6 months & not 3. Again not sure what exactly is your history!
Those aside, if your husband applied for the first FLR (O) after been served the CURTAILMENT LETTER (60 days letter) of before or within that 60 days then the section 3C was continuing until the SET (O) refusal in March 2017 but then if you applied for FLR (FP) within 14 days of that SET (O) refusal & then varied that existing FLR (FP) to SET (LR) in Premium Services then you've a good case for Judicial Reviews as to why the UKVI didn't consider that 14 days (Once) period in this case!
And also, I'm not sure about your own application when you say FLR (FP)! was it as a dependant of FLR (FP) included with your husband or as a main application yourself as well as a separate application? If it's a separate one & your decision still pending and if it goes until January before the 28 days period of you completing 10 years then you would also be able to apply for 10 years LR yourself. And also not sure why the 10 years LR was rejected & why wasn't given appeal right for that! if you somehow taken more than 14 days then it would be difficult to fight. Anyway, speak to a lawyer may be (not famous ones you normally see on your tele but someone with knowledge & not just after money.....

[Arifa]

My husbands set (o) application lasted for 6months then after refusal he applied FLRFP. I applied separate FLRFP not as dependant.

[Arifa]

We filed judicial review requesting an in country appeal right for our set (o).
We sent PAP for ILR refusal of my husband.

[md haque]

I'm really sorry but you're very confusing in portraying your situation! I was wondering & asked whether the FLR (FP) was applied within 14 days of the SET (O) refusal!? And then the he applied/varied to SET (LR) while the FLR (FP) was pending?
What reason was given for the SET (LR) refusal?
And also, in the beginning of this trouble, I was asking if he was served a CURTAILMENT LETTER while his Employer's License got revoked? If so, did he apply for the following FLR (O) within that time limit given? These are very significant in determining the Chain of continuity!
And when you're talking about JR of that SET (O) refusal then I hope that it was launched within 90 days of the refusal of that SET (O) & simultaneously you both applied for the FLR (FP) individually within 14 days on the side of the JR?
Would be helpful to know the reason of the SET (LR) refusal.
Thanks

[Arifa]

My husband has done all his applications within the time limit. The refusal of LR was our set(o) application is certified unfounded and even he applied FLRFP within 14days he had to get the visa on that application as we haven’t his LR was refused. He applied within 60days of his visa curtail.

[Arifa]

We applied JR within 90days.

[Arifa]

My husband has requested a judicial review for granting an in country appeal right on his set(o) application before he applied for his ILR (refused).Now he can only get his ILR if he gets in country appeal right. Is there any possibility of granting in country appeal right by the court?

[Arifa]

Can anyone have any suggestion please.

[jupiter2016]

hI Arifa,
JR have very less chances to get success.. go through my posts if you have time..
you will not find most unfortunate case like mine..

[Arifa]

Can’t see your posts