ILR 10 years long residency.... Appeal decision

[Tabaci11]

Hello,

I seek urgent advice regarding my situation.

My appeal was allowed at First tier tribunal but Home office asked permission to appeal at Upper tribunal. I am still waiting for the Upper tribunal response to Home Office request. My current VISA (TIER 4 General) is expiring on 30 September, 2016 and at the same time my wife's visa also getting expired. My dependent was not included in the appeal.

I dont know what to do. Is there any option for my dependent to go for. What should I do?

Please can anyone guide me....

Many thanks.

[vinny]

M.

[vinny]

You and wife and daughter should make applications before leave expires.

[Tabaci11]

You and wife and daughter should make applications before leave expires.

Many thanks vinny for reply.

But under what category We should apply. I have valid job offer from a company and already got CoS number. Do you think I should go for Tier 2? But my appeal is pending ..will they still consider my application?

Thanks.

[vinny]

If they didn't curtail your leave, then Section 3C/3D isn't applicable. You may another application before your leave expires.

[Tabaci11]

If they didn't curtail your leave, then Section 3C/3D isn't applicable. You may another application before your leave expires.

Many thanks Vinny..

They didn't curtail my current leave. I have contacted solicitors but now even more confused.

Option 1: They said I can apply FLR(O) for my wife and carry on with the appeal (I dont need to make any new application).

Option 2: I should contact Upper tribunal to find out who is representing HO and tell them I want to withdraw the appeal. then Make new application for me and my wife.

Option 3: Just submit new application for me and my wife.

I dont know which option is right to go for. I dont have enough time (only 2 weeks.)

Any gurus can shed light on it.

thanks..

[Tabaci11]

Dear All,

I have found this forum very useful. I would like to make an application for FLR(O).

Do I need to take English test? I have passed life in UK test. Do i need to submit that as well?

Do i need to show any maintenance?

Many thanks.

[Tabaci11]

Hello,

I will brief you on my case.

I applied for ILR (10 years route) in person. My application was refused. Then I made appeal application and the first tier tribunal allowed my appeal. But then Home office asked for permission to challenge the decision of first tier tribunal to Upper tribunal.

Today, I have received letter from First tier tribunal saying that they have REFUSED the permission to appeal upper tribunal.

So, now that will happen. What are the options left for Home Office? Do I have any chance of getting success here?

Can any guru shed light on it?

Many thanks.

[lucky007]

Hello,

I will brief you on my case.

I applied for ILR (10 years route) in person. My application was refused. Then I made appeal application and the first tier tribunal allowed my appeal. But then Home office asked for permission to challenge the decision of first tier tribunal to Upper tribunal.

Today, I have received letter from First tier tribunal saying that they have REFUSED the permission to appeal upper tribunal.

So, now that will happen. What are the options left for Home Office? Do I have any chance of getting success here?

Can any guru shed light on it?

Many thanks.

If FTT Refused permissions to UT onemore chance maybe they will apply direct ut to ut permission.

A

[Tabaci11]

Dear all,

My appeal was allowed at FT but then the Home office asked for permission to appeal to UT. But the tribunal refused the permission. Now tribunal told me to contact Home office to ask them to issue a VISA.

Does any one know How soon I can contact Home Office? I have received the decision letter on 28/09/2016.

Many thanks.

[Tabaci11]

Hello,

Here are my case detail:
ILR refused: March, 2016
Appeal to FTT: March, 2016
FTT decision: May, 2016
Home Office asked permission to UTT: May, 2016
UTT decision: September, 2016

Home Office asked my passport to implement the judge's decision: December, 2016
Passport sent: December, 2016

BRP received: February, 2017

I did not received letter to enrol fingerprints but I received BRP card.

Here are the detail of BRP card:
valid until: 03/08/2019
Date of issue: 03/02/2017
Type of permit: Leave to Remain
Remarks: Work permitted

I quite don't understand this. I applied for ILR but received 2.5 years of visa. Is it normal ?

Any ideas immigration gurus.......

Many thanks.

[CR001]

Here are the detail of BRP card:
valid until: 03/08/2019
Date of issue: 03/02/2017
Type of permit: Leave to Remain
Remarks: Work permitted

I quite don't understand this. I applied for ILR but received 2.5 years of visa. Is it normal ?

Any ideas immigration gurus.......

Many thanks.

What does your letter say if you got one? You have not been given ILR but looks like maybe leave based on private life.

[Tabaci11]

Thank you CR001.

Does that mean I can not get ILR. Although I won the appeal and I paid for the ILR application.

Can I ask for admin review?

Please guide.....

[CR001]

What does the letter say you got with your BRP?

What was the decision of the UTT and judge?

[Tabaci11]

I missed the decision letter they sent out in post today. I will collect it tomorrow.

The judge allowed my appeal and said I should get ILR in the decision letter. The Home Office also sent me letter requesting for my passport and they clearly said in the latter "implementation of Judge's decision".

Thank you.

[Tabaci11]

Hello,

I have received a decision letter today.

Here is what they said....

"Your appeal has been allowed by the Tribunal, outside the requirements of the Immigration Rules, on ECHR Article 8 grounds (the right to respect for private and family life). You have therefore been granted leave to remain outside the requirements of the Immigration Rules for a period of 30 months. "

Can I ask for admin review? Will I get ILR through this?

Any chance??

Please guide .......

Thank you...

[CR001]

And what exactly did the tribunals decision say? Do you have a letter about their decision?

[Tabaci11]

Hello,

Many thanks CR001.

Yes I have tribunal decision letter.

Here is what they said...............

"36. I am satisfied on the balance of probabilities that the appellant's absence from the UK in excess of the permitted 180 days was due to compelling circumstances and that he returned to the UK as soon as he was able to do so. Those compelling circumstances were not created by his actions but by the respondent or one of the other departments of state.

37. From the reasons for refusal letter the respondent does not seem to have considered the Guidance, I find it to be unfair as she has failed to follow her own 'policy document. I find that it is reasonable in all the circumstances that the discretion given in the policy should have been exercised in favour of the appellant. That was not done and I retain that finding very much in mind as I return to the reasonable and proportionate question in Article 8.

38. After balancing all the above competing factors, I find that in all the circumstances of this case the decision appealed against is not proportionate and cannot be justified in the interests of immigration control and the economic well-being of the UK. The decision breaches the Article 8 rights of the appellant.

NOTICE of DECISION
I dismiss the appeal under the Immigration Rules. I allow the appeal under the Human Rights Act.
No anonymity direction is made."


Thank you...

[CR001]

So you have been given leave to remain based on Art 8, as the judge stated by allowing the appeal based on your article 8 right to private life.

[sachit101]

Hello,

Many thanks CR001.

Yes I have tribunal decision letter.

Here is what they said...............

"36. I am satisfied on the balance of probabilities that the appellant's absence from the UK in excess of the permitted 180 days was due to compelling circumstances and that he returned to the UK as soon as he was able to do so. Those compelling circumstances were not created by his actions but by the respondent or one of the other departments of state.

37. From the reasons for refusal letter the respondent does not seem to have considered the Guidance, I find it to be unfair as she has failed to follow her own 'policy document. I find that it is reasonable in all the circumstances that the discretion given in the policy should have been exercised in favour of the appellant. That was not done and I retain that finding very much in mind as I return to the reasonable and proportionate question in Article 8.

38. After balancing all the above competing factors, I find that in all the circumstances of this case the decision appealed against is not proportionate and cannot be justified in the interests of immigration control and the economic well-being of the UK. The decision breaches the Article 8 rights of the appellant.

NOTICE of DECISION
I dismiss the appeal under the Immigration Rules. I allow the appeal under the Human Rights Act.
No anonymity direction is made."


Thank you...

Hi wht is the finl outcome for you?

[CR001]

Hi wht is the finl outcome for you?

The user has not logged into the forum for more than a year. Kindly post in your own topic and refrain from digging up old threads.