10 Yrs completing But Gap due to Appeal & JR Processing.

[HareKrishna]

Dear respected Members,

Please check & suggest me for chances of getting ILR via 10 Years Rules:

First Entry to UK: 28th AUG 2003 - up to 30th APR 2008- Student VISA

Remain in Student visa till 30th APR 2008 with 3 time extension ( Only 1 month out of UK during this period)

IGS From 18-04-2008 to 18-04-2009
PSW From 17-06-2009 to 18-04-2010

Applied Tier 1 General visa before Psw expired,VISA rejected with APPEAL rights,that time i was using professional OISC member,due to his terrible mistakes he filed my appeal lately,so Tribunal said my Appeal was out of time,Than my Representative gone for Judicial Review (J.R) against tribunal...Finally JR granted without case going further to H.Court & my appeal was accepted & hearing date was given. I won appeal & Tier 1 Visa granted only at 22nd MARCH 2011 up to 22nd March 2013 ( It took nearly 1 yrs to sort this out & finally approved my Tier 1 visa) = HOW THIS GAP CONSIDER BY H.O on Long term residence rule...???

Recently married to British wife & applied for Spouse Visa .... successfully granted 2 years spouse visa expiring at FEB 2015.

AS I will be completed my 10 years period at 28th Aug 2013...But not sure those Gap during my Tier 1 visa process will reject my application..??
Plzz suggest ....as I don't want to wait till 2015..!!

Thanks & with Best Regards
SanJ

[Obie]

(2)The person's leave is extended by virtue of this section during any period when—
(a)an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or

Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal
could be brought against an immigration decision under section 82 of the 2002 Act
(see IDI Chapter 12 for a complete list of immigration decisions).
An appeal can be brought until the end of the time limit for appealing against a
decision which is 10 working days from receipt of the notice of decision. If the
decision is sent by first class post, the decision is deemed to have been received 2
days after it was sent, unless there is proof to the contrary.
If no appeal is brought in time, leave to remain which is extended by 3C or 3D will
lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the
appeal is finally determined, withdrawn or abandoned.

Your lawful residence lapsed after your deadline for lodging an appeal was set. It commenced again when permission was granted.

Due to the fact that the whole process, until when you were given permission to appeal again, was higher than 28 days, you may not be able to benefit from the long residence provision.

[HareKrishna]

Hello Obie,

Thank You So Much.

Once I read your thread. I would like present my letter received from Administrative Court once my appeal was allow as under:

Letter from In the high court of justice,Queen's Bench Division,Administrative court.
In the matter of an application for leave to apply for Judicial review
Between Claimants: Me ( MY Name here.....)
Defendant:First Tier Tribunal and
Interested Party: Secretary of State for the Home department.

Form of Consent:
Upon the Secretary of State having confirmed that her decision dated 2 June 2010 was in fact only served on 3 Jun 2010 and that therefore the deadline for lodging an appeal was 21 Jun 2010.
BY CONSENT,IT IS ORDERED
1.Permission to apply for Judicial Review be granted
2.The First Tier Tribunal's decision of 30 JUN 2010 be quashed.
3.The Claimant's appeal be remitted to the First Tier Tribunal to he heard afresh.
4.There be no Order as to costs.

Could you please kindly review this letter...Do this still give impression for breaching 28 days appeal lodging from my side.

Please review & awaiting for your response.

Regards:

[Obie]

The major problem is, you made a late application for permission to appeal. Therefore Section 3D rights elapsed.

There is a discretion as to whether permission is granted in late application for permission cases.

This discretion was not exercised in your favour by the Upper Tribunal, but by consent, it was agreed it should be.

Then Section 3D came into effect, and your rights commenced again.

Therefore, there was a break in Section 3D.

Had the court made a mistake on whether an application was made late or not, or the lapse in Section 3D recommencing was less than 28days, you would have had a stronger basis to challenge any possible refusal.