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Big Confusion.....very Urgent - Need Help

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

asifKhan00145
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Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Mon Aug 25, 2014 7:28 pm

Hi Guru

I need very urgent help regarding my ILR

I came in Uk on 25th of September 2005 on student visa and since then I am on student visa but unfortunately my last visa was rejected last year in December with appeal right and now my court hearing is on 1st of September 2014. There are very little chance to win the case because the rejection was on the basis of 5 years graduate rule ( no student can stay no more than 5 years on student visa).

Can you please advise me what should I do in this situation.......
1. Should I withdraw my appeal and submit the ILR application or
2. I have to write to the court that my case should be dealt on the basis of 10 years long residency

Waiting kind reply...........Best Regards..........Asif

Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Tue Aug 26, 2014 12:11 am

How can your case be dealt with on the basis of 10 years long residency, you only entered the UK in September 2005. Your 10 Years is next year September.
Smooth seas do not make skilful sailors

Amber
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Re: Big Confusion.....very Urgent - Need Help

Post by Amber » Tue Aug 26, 2014 5:05 am

He means 2004 as per his previous thread - http://www.immigrationboards.com/indefi ... l#p1072248
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Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Tue Aug 26, 2014 10:38 am

Thanks Amber.

If your case is at the First Tier tribunal Stage, then you may be able to claim that the decision is not in accordance with the immigration rules, and possibly a Judge may allow the appeal under the immigration rules.

If it is at the Upper Tribunal, you will not be able to do this, unless the FTT had been found to have erred in law.

I was minded to lock this thread, but as it involves a slightly different issue, i will live it open.
Smooth seas do not make skilful sailors

asifKhan00145
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Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Wed Aug 27, 2014 4:08 pm

Thank you very much for your reply

sorry my arrival date in uk was 25th of September 2004, Now my query is
If I lost the case in FTT then still I would have the right to apply for ILR on the basis of 10 years or not.......
what do you think in this situation my application would be consider as out of time application or not.
,
Please reply me soon , because I am too much worry.

Waiting your reply

Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Wed Aug 27, 2014 5:51 pm

You may be fine if you lost the case.

You have to make an application within 28 days, so you will be fine.
Smooth seas do not make skilful sailors

asifKhan00145
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Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Mon Sep 01, 2014 5:03 pm

Dear Amber and other Friends,

As I told you before that my 10 years long residency is going to complete on 25th of September 2014 and today was my hearing. My experience for this hearing was not too good, actually my lawyer was not fully prepared for the case. He really disappointed me too much. There is very little chance to win the case. Can you please tell me what should I do now,

Should I wait for the court decision before apply long residency case or
I have to apply my for Long residency without waiting for the court decisions

Waiting for your best advise.......

Amber
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Re: Big Confusion.....very Urgent - Need Help

Post by Amber » Mon Sep 01, 2014 5:58 pm

Wait for the decision of the Court. However, if you become eligible for SET(LR) in the interim period, write to the tribunal and let them know.
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Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Mon Sep 01, 2014 6:09 pm

A person who qualifies under the Long residence provision at the date of hearing, is entitled to have his appeal allowed under Section 86(3)(a) of the Nationality act 2002.

A judge will fall into legal error if he or she was to dismiss such an appeal.

The very least that will be expected of a Judge will be , to remit an appeal so as to give an applicant an opportunity to vary, or outrightly allow the appeal under that provision, so that the person is entitled to be issued with an Indefinite Leave to remain.

It will amount to professional incompetence if a lawyer fail to bring this fact to a Judge.

At the very least, such person is entitled to succeed under Article 8 on the basis that it is not in the public interest or proportioante within the meaning of Article 8(2) of the ECHR to remove them, notwithstanding the fact that they may have failed in their PBS appeal.
Smooth seas do not make skilful sailors

asifKhan00145
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Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Tue Sep 02, 2014 12:13 pm

Dear Friends
Thank you very much for your quick reply....
Now I am waiting for court reply then I will proceed my ILR application ....... Remember me in your prayers..
Best regards

asifKhan00145
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Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Wed Sep 03, 2014 10:03 am

Hi Amber and Other Admin,

One more question..... I want to apply for my wife along with me and I am filling FLR(m) form, do you know how many minimum months bank statement is required for my wife, She is here in uk since April 2008 as student dependent....
Waiting your kind reply

Best Regards
Asif Khan

smir
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Re: Big Confusion.....very Urgent - Need Help

Post by smir » Wed Sep 03, 2014 10:21 am

B
rother..

Till my knowledge and what i learnt from Forum..

You cant include dependents in 10 years ilr.. but you have carry on with your wife appeal and just apply your ilr on 10 basis..

and it may take 4-6 month


and once you get ilr

withdraw your wifes appeal and apply flr m.. may be same day service..

so better go hearing... so carry on working and then differ to 10 year ilr in front of judge just for you and then still you can work as you dont withdraw appeal and your 3c continues..

till then try to finish your wife a1 english requirement and 18600 salary of yours..

because once you withdraw your appeal you cant work and even if you get ilr again you need to prove 18600 and this will be too much hassle for you

moreover Forum members good .. they will guide you more
[quote="asifKhan00145"]Hi Amber and Other Admin,

One more question..... I want to apply for my wife along with me and I am filling FLR(m) form, do you know how many minimum months bank statement is required for my wife, She is here in uk since April 2008 as student dependent....
Waiting your kind reply

Best Regards
Asif Khan[quote]

]'

asifKhan00145
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Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Wed Sep 03, 2014 3:23 pm

Thank you Samir for your reply

my question is ....... How many months bank statements my wife has to show to prove the annual income is 18600, Can she show only 3/4 months statements and a letter from employer that her expected annual income is more than 18600

waiting your reply
Best Regards

smir
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India

Re: Big Confusion.....very Urgent - Need Help

Post by smir » Wed Sep 03, 2014 3:50 pm

Brother


She will be your dependent show you should show that you are earning 18600 per year not your wife



Plus try to short out your ILR while carrying out you wife appeal so that she dosent become illegal


quote="asifKhan00145"]Thank you Samir for your reply

my question is ....... How many months bank statements my wife has to show to prove the annual income is 18600, Can she show only 3/4 months statements and a letter from employer that her expected annual income is more than 18600

waiting your reply
Best Regards[/quote]

Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Wed Sep 03, 2014 3:59 pm

The case is before a judge awaiting a determination, you cannot make any new application, or apply using FLR(M).

For an application under FLR(M), you will need ILR, to sponsor your wife.

The Sponsor or the applicant or both, will need to show, that in the preceding 6 months prior to the application, that they have been earning a pay at the rate of 18600 per year.

This is evidence by Payslips over the relevant 6 months.

Bank statement corresponding with the pay over the 6 months.

A letter from employer confirming the rate of pay and the terms of employment.
Smooth seas do not make skilful sailors

smir
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Re: Big Confusion.....very Urgent - Need Help

Post by smir » Thu Sep 04, 2014 11:31 am

Brother


My 10 year finish in dec and hearing in feb 2015

My wife appeal to with me but she just came last year


Can't I just apply my ILR in dec and inform tribunal that I have applies 10 year

And carry on my wife appeal ?

I applied on the basis if FLR FP

As I read one of HO guideline

That person finish 10 year while appeal is pending and he applies ILR application

Then mark application void and inform the presenting officer as priority

What does this mean then ?quote="Obie"]The case is before a judge awaiting a determination, you cannot make any new application, or apply using FLR(M).

For an application under FLR(M), you will need ILR, to sponsor your wife.

The Sponsor or the applicant or both, will need to show, that in the preceding 6 months prior to the application, that they have been earning a pay at the rate of 18600 per year.

This is evidence by Payslips over the relevant 6 months.

Bank statement corresponding with the pay over the 6 months.

A letter from employer confirming the rate of pay and the terms of employment.[/quote]

smir
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India

Re: Big Confusion.....very Urgent - Need Help

Post by smir » Mon Sep 08, 2014 10:13 am

Brother

Check this

here it says.. different..
this are 10 year guidance notes





The applicant completes 10 years continuous lawful residence while awaiting a
decision of an appeal


A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must
send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application
has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for
this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was
made on or after 31 August 2006, you must follow the same process but you must use Doc
Gen letter ICD.3258.










Obie wrote:The case is before a judge awaiting a determination, you cannot make any new application, or apply using FLR(M).

For an application under FLR(M), you will need ILR, to sponsor your wife.

The Sponsor or the applicant or both, will need to show, that in the preceding 6 months prior to the application, that they have been earning a pay at the rate of 18600 per year.

This is evidence by Payslips over the relevant 6 months.

Bank statement corresponding with the pay over the 6 months.

A letter from employer confirming the rate of pay and the terms of employment.

asifKhan00145
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Posts: 39
Joined: Wed Jul 30, 2014 3:29 pm

Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Mon Sep 08, 2014 8:59 pm

Thank you very much for your reply....
do you know how long court FTT takes in decision.....because my 10 years will complete on 24th of this month..........
waiting your kind reply

Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Mon Sep 08, 2014 11:55 pm

It will all depend on the region of the UK in which you reside.

The waiting list in London take longer than other part of the UK.

making a Paper appeal and, delaying paying the fee, and applying for a fee remission can all create delays in an appeal being heard.
Smooth seas do not make skilful sailors

smir
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Re: Big Confusion.....very Urgent - Need Help

Post by smir » Mon Sep 08, 2014 11:59 pm

Brother


I am too waiting for your reply

About pending appeal and applying ILR on 10 year basis

Ho guidance say if someone does so then case worker should void it, but mark priority to presenting officer and link to appeal

Please guide


Obie wrote:It will all depend on the region of the UK in which you reside.

The waiting list in London take longer than other part of the UK.

making a Paper appeal and, delaying paying the fee, and applying for a fee remission can all create delays in an appeal being heard.

Obie
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Re: Big Confusion.....very Urgent - Need Help

Post by Obie » Tue Sep 09, 2014 12:08 am

You could do so, and if it is marked priority, judge will deal with it in the appeal, as a judge is required to take into account all your circumstances including matters that arises after the decision to refuse you.

So the choice is your, either withdraw and make a valid application, or apply and then your application will be voided and linked to your appeal file as priority, and judge will be albeit to deal with your long residence case with your appeal.
Smooth seas do not make skilful sailors

Zee ali
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Re: Big Confusion.....very Urgent - Need Help

Post by Zee ali » Tue Sep 09, 2014 1:33 pm

Obie wrote:You could do so, and if it is marked priority, judge will deal with it in the appeal, as a judge is required to take into account all your circumstances including matters that arises after the decision to refuse you.

So the choice is your, either withdraw and make a valid application, or apply and then your application will be voided and linked to your appeal file as priority, and judge will be albeit to deal with your long residence case with your appeal.
@Obie

If let say we don't send set lr application while 3c in progresss. Can we use One stop warning on hearing date and take set lr filled application with us on hearing to submit it there on the spot in front of judge?

or
just tell the judge that i complete 10 years what can i do next.

My solicitors said that we will add additional grounds on hearing that u complete 10 years and then judge will ask HO to consider new grounds

Kindly guide on this
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

asifKhan00145
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Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Wed Sep 24, 2014 10:30 am

Hi everyone,

Today my 10 years long residency period is going to be completed but I am still waiting for the court's decision. My hearing was on 1st of september. Can you please tell me what should I do in these circumstances. My last visa was rejected 5 years Cap on graduate course for tier 4 students.
Waiting your reply,
Best Regfards

Zee ali
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Re: Big Confusion.....very Urgent - Need Help

Post by Zee ali » Wed Sep 24, 2014 10:37 pm

asifKhan00145 wrote:Hi everyone,

Today my 10 years long residency period is going to be completed but I am still waiting for the court's decision. My hearing was on 1st of september. Can you please tell me what should I do in these circumstances. My last visa was rejected 5 years Cap on graduate course for tier 4 students.
Waiting your reply,
Best Regfards
Asif best bit for u is stick with your appeal and wait for the FTT decision.

Did u fully completed 10 years or 28 days early?

I think if your ftt refused u should go to PTA to FTT to UT and add Section 120 (One stop warning).

Were u eligible for ILR under 10 years LR when u were on your ftt hearing? DId u include one stop warning or additional grounds that u completed 10 years (28 days early) and eligible for ILR?
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

asifKhan00145
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Posts: 39
Joined: Wed Jul 30, 2014 3:29 pm

Re: Big Confusion.....very Urgent - Need Help

Post by asifKhan00145 » Thu Sep 25, 2014 11:47 am

Hi
Thank you for your reply.........basically my 10 years have been completed and now I am waiting for the court decision ......so what should do I now.........can I vary my application or I have to wait for the court decision...
waiting your kind reply

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