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ILR Appeal right through TIER1 G route

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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adnaankhan1
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ILR Appeal right through TIER1 G route

Post by adnaankhan1 » Sat May 16, 2015 12:34 pm

Hi there

I'm not been pessimist but wondering if someone could help, I got ILR due in DEC2015, Through TIER 1 GENERAL ROUTE, I heard there s no more appeal right could be given in case it's refusal , until you go back to country and appeal ,,

Thanks

sagareva
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Re: ILR Appeal right through TIER1 G route

Post by sagareva » Sun May 17, 2015 9:36 am

yes, but there is admin review -- a slightly dubious process in w2hich home office reviews itself

in practice though, this is not necessarily bad. in over 90% t1g cases it is possible to file them in a way where it will be 100% approvable and defensible under the rules. those get refused sometimes due to lower level caseworker ignorance, a person either being mistaken, or not understanding or overlooking something. there is no point to litigating this -- AR provides a venue to return this to HO and it will then be looked at by more sophisticated employees. this could become an effective stage at which most mistakes are resolved.

if you really do have a crucial question of law to litigate there may still be a JR option, so if the case has an inherent weakness you cannot avoid you have to plan on how to present it. everyone should also look at making a subtle human rights claim with every application where that is practicable.
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naveediiqbal
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Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: ILR Appeal right through TIER1 G route

Post by naveediiqbal » Mon May 18, 2015 11:11 am

sagareva wrote:yes, but there is admin review -- a slightly dubious process in w2hich home office reviews itself

in practice though, this is not necessarily bad. in over 90% t1g cases it is possible to file them in a way where it will be 100% approvable and defensible under the rules. those get refused sometimes due to lower level caseworker ignorance, a person either being mistaken, or not understanding or overlooking something. there is no point to litigating this -- AR provides a venue to return this to HO and it will then be looked at by more sophisticated employees. this could become an effective stage at which most mistakes are resolved.

if you really do have a crucial question of law to litigate there may still be a JR option, so if the case has an inherent weakness you cannot avoid you have to plan on how to present it. everyone should also look at making a subtle human rights claim with every application where that is practicable.
Hi,

I am wondering how much is the time frame for a AR. If somebody applied for ILR and rejected then filed an appeal the leaves extends under 3C untill apeal is decided so applicant continue to leave and work. But in case of no more appeals available if someone goes for AR then what will happens to leaves and if 30 days passes and no Ar decided then the applicant needs to leave the country then. Please advise

adnaankhan1
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Re: ILR Appeal right through TIER1 G route

Post by adnaankhan1 » Fri Jun 26, 2015 11:04 am

sagareva wrote:yes, but there is admin review -- a slightly dubious process in w2hich home office reviews itself

in practice though, this is not necessarily bad. in over 90% t1g cases it is possible to file them in a way where it will be 100% approvable and defensible under the rules. those get refused sometimes due to lower level caseworker ignorance, a person either being mistaken, or not understanding or overlooking something. there is no point to litigating this -- AR provides a venue to return this to HO and it will then be looked at by more sophisticated employees. this could become an effective stage at which most mistakes are resolved.

if you really do have a crucial question of law to litigate there may still be a JR option, so if the case has an inherent weakness you cannot avoid you have to plan on how to present it. everyone should also look at making a subtle human rights claim with every application where that is practicable.

Many thanks for reply, it feels a bit peace , any idea how long it could take for admin review to receive the full response etc , so if that could be declined again, I could apply for 10 years route , gap is 4-5 months bw 5 years and 10yrs route

naveid
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Re: ILR Appeal right through TIER1 G route

Post by naveid » Fri Jun 26, 2015 12:14 pm

adnaankhan1 wrote:
sagareva wrote:yes, but there is admin review -- a slightly dubious process in w2hich home office reviews itself


Many thanks for reply, it feels a bit peace , any idea how long it could take for admin review to receive the full response etc , so if that could be declined again, I could apply for 10 years route , gap is 4-5 months bw 5 years and 10yrs route

I am in the process of waiting for my ILR through Tier 1G application, but I am also been here for over 10 years. if (hopefully not) the application is refused, is it possible to simply apply under 10 years rule then?

knidas123
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Re: ILR Appeal right through TIER1 G route

Post by knidas123 » Fri Jun 26, 2015 9:42 pm

hi
please i need really really help, as i am here from past 10 years i need to apply ilr based on 10 years.i am on tier 1 General visa. im thinking to go same day ,i am currently employed and have company but no transaction, please advise do HO will ask about previous earning and tax to be paid( i didnt paid any ).

2nd i got pnd by police on based of shoplifting( my friend kindness) in 2007 and paid. they i need to decalre that.

please advise i will be very thanks ful
knidas123
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adnaankhan1
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Tier 1 general dependant absent from uk

Post by adnaankhan1 » Sun Jun 28, 2015 2:38 pm

Wondering if someone could help,
My dependant is not tier 1 general and been away from UK for 6 months continually in total 5 years period, will this gap be make any problem , as a main applicant there's a limit to stay out of country
Thanks

adnaankhan1
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Posts: 6
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Re: ILR Appeal right through TIER1 G route

Post by adnaankhan1 » Sun Jun 28, 2015 3:19 pm

adnaankhan1 wrote:Wondering if someone could help,
My tier 1 general dependant been away from UK for 6 months continually in total 5 years period, will this gap be make any problem , as a main applicant there's a limit to stay out of country
Thanks
sagareva wrote:yes, but there is admin review -- a slightly dubious process in w2hich home office reviews itself

in practice though, this is not necessarily bad. in over 90% t1g cases it is possible to file them in a way where it will be 100% approvable and defensible under the rules. those get refused sometimes due to lower level caseworker ignorance, a person either being mistaken, or not understanding or overlooking something. there is no point to litigating this -- AR provides a venue to return this to HO and it will then be looked at by more sophisticated employees. this could become an effective stage at which most mistakes are resolved.

if you really do have a crucial question of law to litigate there may still be a JR option, so if the case has an inherent weakness you cannot avoid you have to plan on how to present it. everyone should also look at making a subtle human rights claim with every application where that is practicable.

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