Confused-Contact HO after appeal allowed?

Hi

I appealed against the refusal of my IlR based on excessive absence from UK. I was also given notice of removal at the time of ILR refusal.

The judge I think allowed appeal but not fully because in his decision he says "the appeal against the decision to remove is allowed because that notice was not accordance with the law.." But did not directly say anything for granting ILR. His decision was confusing.

I tried to contact HO including POU, but got different opinions so do not know what the course of action going to be taken - granting ILR or reconsidering my application or do nothing? I know it is in process but cant wait long until I get some confirmation from HO because if in case they did not grant me ILR, I will miss the opportunity to apply for Tier 1 extension within 28 days of judges decision (out of date application).

So 28 days deadline will be over by the end of this week. And I do not kno what HO is going to do in line with the judges decision. Given this uncertain situation, I am worried what shall I do - wherher send an application for extenaion of T1 or just wait for HO to respond the appeal decision?

I am desperately in need of some help, I would appreciate your suggestions.

Thanks

Prayas

HO have 5 days (add 2 days for second class Royal mail delivery, so 7 days to reach you or your solicitor) to appeal against the decision of the judge.

Until you hear about their appeal against the First-tier tribunal decision (and then a subsequent decision on that appeal by the upper tribunal against you) you have the same legal status as at the time of your initial application.

If they do not appeal during that time, they must grant you an ILR. Now this part is really going to try your patience. You have to wait for 12 weeks before you ask them anything about this. At the same time, there is an SLA that they must return your documents with ILR in about 12 weeks (unless they think that further inquiries/proofs are required about your application).

Senior members, please comment if I am wrong.

Hi Annoyed,

Many thanks for your reply.

Ok, I could wait 12 weeks if HO is definitely grantin me ILR or allowing me to apply for extension of T1, but if in case they did not do any of these and said we corrected our removal decision (but refusal is still valid). In that case, I will miss this 28 days out of date application deadline too - that leaves no options for me, this is my main concern. However, it may not be total negative like this, just thinking about the extreme case too.


How could I be confident which course of action that HO is taking? So that i could plan my further steps.

Thanks

Prayas

Hi Prayas,

The best option is to approach a qualified solicitor to interpret the determination for you.

However, generally it is less possible that just removal decision was removed and the ILR decision was kept dangling.

Please paste the text in your determination here, excluding your personal details if you would like some advice from the forum members.

It's a waiting game I am afraid. You will get your ILR eventually.

Good luck.

Hi Annoyed

Thanks.

The soilicitor that I have consulted says the decision could be either way. So it made me more confused..

Yes, I am also positive but it is not 100% sure, that is why I am concerned.

When is the deadline if I wanna forward new extension application as an overstayer? The date of decision is 20 may 2013. Is it 2 days postal time +5 days appeal time after the appeal decision and then overstaying period only 28 days?? Though I think I will not go for this.

Thanks.

Prayas

People with ILR refused and then granted after appeal was allowed, please update this thread with your timeline in the format -

Applied:
Refused:
Appeal heard:
Documents received:
BRP received: