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Pending Appeal and applicant completes 10 year Legal Stay

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

smir
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India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Wed Jan 14, 2015 5:03 pm

I think even if HO tell you to withdraw appeal

And you withdraw according to law your 3c ends and you loose right to work and are overstayer

The HO will have excuse that their is a gap in your stay as application is not allowed since appeal is pending so don't get fooled by HO
Omor4real wrote:
smir wrote:Brother Omor

I don't think home office will tell you to withdraw appeal


They must invalid and refund your money and link to appeal


But do it only if you have enough time between applying ILR and appeal as it will take atleast 2 months to just allocate case to case worker

Best is attend appeal and add additional grounds
Omor4real wrote:Thank you @ Zee Ali, yes my earnings should be fine for that, my main worry is what will HO do if i didn't respond to their advice of me withdrawing my appeal. As is a big no no for me, even though my lawyer want me to do that. However am paying her and it's my decision.
Thank you i will be looking at your progress because it look like we are on the same path.
My lawyer had another client who applied for ILR while having an appeal, then HO send that letter that is why am asking, as my lawyer keep going on about it because the other person withdrawn his, she want me to do the same but am not taking that risk.

smir
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India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Wed Jan 14, 2015 5:11 pm

Brother Zee

Throw some light here

Is it true that if your 10 year finish and appeal is pengong you have to apply for variation or the home office and tribunal otherwise they will not consider your new grounds in appeal ???



Is variation is same as additional grounds ?

Or variation means something else ?



It's imp as my appeal is in 25 days
Zee ali wrote:
smir wrote:Brother Zee


What you think about me ?

Me too have 2 kids..both born here Alhamdullilah 2 Girls :wink:

One is 17 months old.. other is just 3 months old...

One application was made when mine was made. but daughter didnt got appeal as she didnt had visa .. as born here.


so Me too have to show money 24000 plus ??


please let me know brother..

Also how many salary slips to include that also explain brother please..
24800 spouse and 2 child

6 months payslip and bank statement

Zee ali
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Posts: 1127
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Zee ali » Wed Jan 14, 2015 8:24 pm

smir wrote:Brother Zee

Throw some light here

Is it true that if your 10 year finish and appeal is pengong you have to apply for variation or the home office and tribunal otherwise they will not consider your new grounds in appeal ???



Is variation is same as additional grounds ?

Or variation means something else ?



It's imp as my appeal is in 25 days
Zee ali wrote:
smir wrote:Brother Zee


What you think about me ?

Me too have 2 kids..both born here Alhamdullilah 2 Girls :wink:

One is 17 months old.. other is just 3 months old...

One application was made when mine was made. but daughter didnt got appeal as she didnt had visa .. as born here.


so Me too have to show money 24000 plus ??


please let me know brother..

Also how many salary slips to include that also explain brother please..
24800 spouse and 2 child

6 months payslip and bank statement
Variation???

Where u got this terminology in appeal process?

Variation is only possible when your application is undecided and u complete 10 years.

U did the right thing by sending additional grounds to tribunal and HOPO.

Do one thing call tribunal and ask them what will happen in hearing day if i completed 10 years during appeal process and send additional grounds to court.

Just to get an idea.

May be they tell u something important.

They deal with these kind of cases. So they might have some idea.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
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Joined: Mon Jul 29, 2013 4:18 pm
India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Thu Jan 15, 2015 10:40 am

I have just contacted tribunal

Thought I didn't had my appeal number

And I asked that if appeal is pending and individual finish 10 year the do we need to notify tribunal about it ?

They said you should sent the photo copies about which you are claiming and also to ho presenting officer
I said it is different the bundle ?

They said same bundle too is considered before hearing

Zee ali
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Zee ali » Thu Jan 15, 2015 1:12 pm

smir wrote:I have just contacted tribunal

Thought I didn't had my appeal number

And I asked that if appeal is pending and individual finish 10 year the do we need to notify tribunal about it ?

They said you should sent the photo copies about which you are claiming and also to ho presenting officer
I said it is different the bundle ?

They said same bundle too is considered before hearing
Good

Did u send additional grounds by your own? No solicitor involved?

What about the appeal bundle? did u send one yet ?

Your hearing is not that far u should send your bundle ASAP. I think 3 weeks left in your hearing.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Thu Jan 15, 2015 1:35 pm

Still my case is with my idiot solicitor but I sent the additional grounds of my own without letting my solicitor



Within next week I will finalise and send my bundle

Zee ali wrote:
smir wrote:I have just contacted tribunal

Thought I didn't had my appeal number

And I asked that if appeal is pending and individual finish 10 year the do we need to notify tribunal about it ?

They said you should sent the photo copies about which you are claiming and also to ho presenting officer
I said it is different the bundle ?

They said same bundle too is considered before hearing
Good

Did u send additional grounds by your own? No solicitor involved?

What about the appeal bundle? did u send one yet ?

Your hearing is not that far u should send your bundle ASAP. I think 3 weeks left in your hearing.

Zee ali
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Zee ali » Thu Jan 15, 2015 3:16 pm

smir wrote:Still my case is with my idiot solicitor but I sent the additional grounds of my own without letting my solicitor



Within next week I will finalise and send my bundle

Zee ali wrote:
smir wrote:I have just contacted tribunal

Thought I didn't had my appeal number

And I asked that if appeal is pending and individual finish 10 year the do we need to notify tribunal about it ?

They said you should sent the photo copies about which you are claiming and also to ho presenting officer
I said it is different the bundle ?

They said same bundle too is considered before hearing
Good

Did u send additional grounds by your own? No solicitor involved?

What about the appeal bundle? did u send one yet ?

Your hearing is not that far u should send your bundle ASAP. I think 3 weeks left in your hearing.
If u wat to get rid of your solicitor than u need to tell the tribunal as well that u change your solicitor or representing yourself
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

avylon
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by avylon » Fri Jan 16, 2015 2:27 pm

Hi Guys, Yesterday I met one of the BAR council and he says that we had been living on Sec- 3c & 3d from past 2 year as the tribunal hearing was pending and we had finished 10yrs now but the HO will not consider as 10yr legal on Sec-3c & 3d while we await hearing and no way we gonna get ILR and HO will not even consider us giving na appeal chance and asked us to get preparing to packing up..!
:(

Obie
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Location: UK/Ireland
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Obie » Fri Jan 16, 2015 2:59 pm

Not sure the person knows what they are talking about.
Smooth seas do not make skilful sailors

avylon
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by avylon » Fri Jan 16, 2015 5:17 pm

Hi Obie, As i explained in my previous posts about my application despite awaiting the result from FTT we had put a fresh application for SET(LR) & FLRm as we completed 10yrs Section 3c and 3d. We lost jobs and now totally confused as we went to take a second opinion with one more advocate and he clearly said that we cannot put a fresh application while awaiting the results from FTT.

Tier4 from 15 Aug 2004
From Tier4 visa applied for FLR (O) 12th Oct 2012,
Refused and applied for Tribunal given appeal date 09th Sept 2014 (attended)
Before appeal results - Fresh application sent to HO on 15th Sept 2014 - SET (LR) & FLR(m).
Received Bio-metrics on 22nd Sept and done 6th Oct 2014.
appeal for UTT received on 1st Oct 2014 - Advocate suggested not to send for UTT and did as she said....
Awaiting Results................
Who ever knows the results please post and also please suggest. Thanks in advance

Obie
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Obie » Fri Jan 16, 2015 5:26 pm

Employer should not dismiss you, you can sue them. It is unlawful dismissal.

You have right to be employed.

At the Upper Tribunal stage, only error of law can be dealt with. New matters cannot be dealt with unless the judge found an error of law in the previous decision and set it aside.


If permission is refused, the option is open to you to get the judge to remit the matter to the Secretary of State to consider the ILR matters.


But in law you are allowed to work. You cannot vary am application as only error of law can be dealt with at this stage.

New application cannot be made unless you withdraw the decision.

The Upper Tribunal has discretion to consider new matter such as ILR , but may not, unlike the FTT , which is required to do so.
Smooth seas do not make skilful sailors

avylon
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by avylon » Fri Jan 16, 2015 5:42 pm

@Obie, but have consulted with a Barrister and he says my case is out of question in getting an ILR as we had void the section 3c and 3d and our file is considered as an over stayer since the day we had put a fresh application with the HO.

Obie
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Obie » Fri Jan 16, 2015 5:46 pm

Again I say the person you sought advise from does not know what he or she is saying .

That is all I can say .

I cannot defend my opinion against a legally baseless view expressed by your so called barrister .
Smooth seas do not make skilful sailors

avylon
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by avylon » Fri Jan 16, 2015 6:09 pm

So you mean in this case if HO refuses our new SET (LR) and FLR(O) application will they give us a chance to appeal? I am so confused with your opinion now, do u mean that we had a legal stay of 10 years despite an appeal being pending in the FTT and also we did not applied for UTT as our lawyer had put the fresh SET (LR) and FLR(O), while we await the results of these applications, You are showing us a ray of hope here!

smir
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India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Fri Jan 16, 2015 7:06 pm

Brother Obei

I think the barrister he met is saying correct



Avylon is suggesting In one post that

When the tribunal allowed them right to go to UTT

Their current solicitor said to do nothing and wait for ILR application which they made while waiting for FTT results

Means they lost appeal and then they were allowed to challenge the It in UTT but solicitor said to do noticing

This ended their 3C :(


And so they are overstayer since they didn't appealed to UTT

Obie wrote:Again I say the person you sought advise from does not know what he or she is saying .

That is all I can say .

I cannot defend my opinion against a legally baseless view expressed by your so called barrister .

Omor4real
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Omor4real » Fri Jan 16, 2015 7:08 pm

avylon wrote:So you mean in this case if HO refuses our new SET (LR) and FLR(O) application will they give us a chance to appeal? I am so confused with your opinion now, do u mean that we had a legal stay of 10 years despite an appeal being pending in the FTT and also we did not applied for UTT as our lawyer had put the fresh SET (LR) and FLR(O), while we await the results of these applications, You are showing us a ray of hope here!
you need to stop wasting your money with these lawyers, you can complete your ten years while waiting for an appeal, that is what the law said, alot of people have done that on the forum and that is what am doing as well, in regards to you getting an appeal incase your ILR is refused the answer is no, because when you applied for the ILR you are counted as an overstayer. That is why @Obie keep advising people not to withdraw an appeal and make new application because you will lose your right to work and not get an appeal for the new application. so just calm down and hope for the best.

Obie
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Location: UK/Ireland
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Obie » Fri Jan 16, 2015 7:15 pm

smir wrote:Brother Obei

I think the barrister he met is saying correct



Avylon is suggesting In one post that

When the tribunal allowed them right to go to UTT

Their current solicitor said to do nothing and wait for ILR application which they made while waiting for FTT results

Means they lost appeal and then they were allowed to challenge the It in UTT but solicitor said to do noticing

This ended their 3C :(


And so they are overstayer since they didn't appealed to UTT

Obie wrote:Again I say the person you sought advise from does not know what he or she is saying .

That is all I can say .

I cannot defend my opinion against a legally baseless view expressed by your so called barrister .
If barrister state that Section 3C does not count towards ILR for Long residence, then that is wrong, irrespective of the procedural history of the case.

This person cannot make a valid application whiles the Upper Tribunal is considering an application for permission to appeal.

If they make an ILR within 28 days of the Upper Tribunal refusing permission, then they will be entitled to apply for Long Residence, but will not have a right of appeal if it is refused.

The Home Office will also not be able to refuse on ground of overstay.
Smooth seas do not make skilful sailors

Omor4real
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Omor4real » Fri Jan 16, 2015 7:18 pm

@ Smir the lawyer is confusing them, he has already accumulated his ten years before doing nothing about UTT, the only mistake he made is that he applied for the ILR as an overstayer, because not doing nothing is more like someone that withdraw his/her appeal.
smir wrote:Brother Obei

I think the barrister he met is saying correct



Avylon is suggesting In one post that

When the tribunal allowed them right to go to UTT

Their current solicitor said to do nothing and wait for ILR application which they made while waiting for FTT results

Means they lost appeal and then they were allowed to challenge the It in UTT but solicitor said to do noticing

This ended their 3C :(


And so they are overstayer since they didn't appealed to UTT

Obie wrote:Again I say the person you sought advise from does not know what he or she is saying .

That is all I can say .

I cannot defend my opinion against a legally baseless view expressed by your so called barrister .

Obie
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Location: UK/Ireland
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Obie » Fri Jan 16, 2015 7:37 pm

If he did nothing about upper Tribunal, then he will need to make application for ILR within 28 days, otherwise he will not qualify for ILR.

Hope this person has not got his or herself in that position.

Oh my days, tired of some of these solicitors causing so much misery.
Smooth seas do not make skilful sailors

Obie
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Obie » Fri Jan 16, 2015 7:48 pm

Will there is no right to work for this person.

But there is a good prospect for securing ILR.

After reading the history of this person, i am of the view that he/she is not entitled to employment, and cannot sue employer.

However ILR application should be OK.

If that is the advise of the barrister, then i need no disturb it.

If ILR application was made within 28 days of the withdrawal, then ILR has a good prospect of success.
Smooth seas do not make skilful sailors

Zee ali
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Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by Zee ali » Fri Jan 16, 2015 9:04 pm

Obie wrote:Will there is no right to work for this person.

But there is a good prospect for securing ILR.

After reading the history of this person, i am of the view that he/she is not entitled to employment, and cannot sue employer.

However ILR application should be OK.

If that is the advise of the barrister, then i need no disturb it.

If ILR application was made within 28 days of the withdrawal, then ILR has a good prospect of success.

@Obie

The mistake he did was sending set lr when he was waiting ftt decision.

U can't send new application when appeal is in process.

he should wait for ftt decision and than pass 14 days which is given for (PTA to FTT to UT). Than apply for ILR.

I have a strong feeling that they will invalid his and his wife application because when they apply their appeal was pending
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
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Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Sat Jan 17, 2015 11:23 am

Urgent


One of my friend got FTT refusal on 18th December

He applied ILR on 14 December



What should he expect ???

Zee ali wrote:
Obie wrote:Will there is no right to work for this person.

But there is a good prospect for securing ILR.

After reading the history of this person, i am of the view that he/she is not entitled to employment, and cannot sue employer.

However ILR application should be OK.

If that is the advise of the barrister, then i need no disturb it.

If ILR application was made within 28 days of the withdrawal, then ILR has a good prospect of success.

@Obie

The mistake he did was sending set lr when he was waiting ftt decision.

U can't send new application when appeal is in process.

he should wait for ftt decision and than pass 14 days which is given for (PTA to FTT to UT). Than apply for ILR.

I have a strong feeling that they will invalid his and his wife application because when they apply their appeal was pending

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Sat Jan 17, 2015 11:23 am

Urgent


One of my friend got FTT refusal on 18th December

He applied ILR on 14 December



What should he expect ???

Zee ali wrote:
Obie wrote:Will there is no right to work for this person.

But there is a good prospect for securing ILR.

After reading the history of this person, i am of the view that he/she is not entitled to employment, and cannot sue employer.

However ILR application should be OK.

If that is the advise of the barrister, then i need no disturb it.

If ILR application was made within 28 days of the withdrawal, then ILR has a good prospect of success.

@Obie

The mistake he did was sending set lr when he was waiting ftt decision.

U can't send new application when appeal is in process.

he should wait for ftt decision and than pass 14 days which is given for (PTA to FTT to UT). Than apply for ILR.

I have a strong feeling that they will invalid his and his wife application because when they apply their appeal was pending

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Sat Jan 17, 2015 11:24 am

Urgent


One of my friend got FTT refusal on 18th December

He applied ILR on 14 December



What should he expect ???

Zee ali wrote:
Obie wrote:Will there is no right to work for this person.

But there is a good prospect for securing ILR.

After reading the history of this person, i am of the view that he/she is not entitled to employment, and cannot sue employer.

However ILR application should be OK.

If that is the advise of the barrister, then i need no disturb it.

If ILR application was made within 28 days of the withdrawal, then ILR has a good prospect of success.

@Obie

The mistake he did was sending set lr when he was waiting ftt decision.

U can't send new application when appeal is in process.

he should wait for ftt decision and than pass 14 days which is given for (PTA to FTT to UT). Than apply for ILR.

I have a strong feeling that they will invalid his and his wife application because when they apply their appeal was pending

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: Pending Appeal and applicant completes 10 year Legal Sta

Post by smir » Sat Jan 17, 2015 11:30 am

Urgent





One if my friend applied ILR on 10 year basis on 14 Dec

He got FTT refusal on 18 Dec by post

What he should expect ?

His barrister didn't even claimed his 10 years in appeal though 10 year were finished before hearing.

Instead he verbally asked in hearing can they apply ILR now ?

So HO officer and judge said yes they can apply.

But to written confirmation

Please throw light Obei


quote="Zee ali"]
Obie wrote:Will there is no right to work for this person.

But there is a good prospect for securing ILR.

After reading the history of this person, i am of the view that he/she is not entitled to employment, and cannot sue employer.

However ILR application should be OK.

If that is the advise of the barrister, then i need no disturb it.

If ILR application was made within 28 days of the withdrawal, then ILR has a good prospect of success.

@Obie

The mistake he did was sending set lr when he was waiting ftt decision.

U can't send new application when appeal is in process.

he should wait for ftt decision and than pass 14 days which is given for (PTA to FTT to UT). Than apply for ILR.

I have a strong feeling that they will invalid his and his wife application because when they apply their appeal was pending[/quote]

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