Ilr appeal allowed from FTT, What now

Hi to all Gurus,
I applied Ilr application 10 years route.
OK My case time line is,

Ilr application filed on 8th august 2014.
Ilr application refused on 21 November 2014( Ya i know didint take them two long to ditch me)
Filed appeal to Ftt in next 7 days.
Had My hearing on 15 June 2015.
Appeal allowed on 18 June 2015.
Appeal allowed decision letter is dated on 23 June 2015.
I received letter on 26 June 2015.
It says that Home office have 14 days to file appeal against this decision.

Please any help, what should i do next. Do i just sit tight.
And how many chances that Home office will challenge the Ftt decision to Up.
Its very hard to wait any longer as they took away my right to work when my ilr visa was refused. Any help regarding that would be great too.

Waqas123456 wrote:Its very hard to wait any longer as they took away my right to work when my ilr visa was refused.

That's odd. If you had a right of work when you applied, then it continues. Leave is extended under Section 3C/3D.

Waqas123456 wrote:Hi to all Gurus,
I applied Ilr application 10 years route.
OK My case time line is,

Ilr application filed on 8th august 2014.
Ilr application refused on 21 November 2014( Ya i know didint take them two long to ditch me)
Filed appeal to Ftt in next 7 days.
Had My hearing on 15 June 2015.
Appeal allowed on 18 June 2015.
Appeal allowed decision letter is dated on 23 June 2015.
I received letter on 26 June 2015.
It says that Home office have 14 days to file appeal against this decision.

Please any help, what should i do next. Do i just sit tight.
And how many chances that Home office will challenge the Ftt decision to Up.
Its very hard to wait any longer as they took away my right to work when my ilr visa was refused. Any help regarding that would be great too.

Hello Waqas

Kindly share why your ILR application was refused?

HO can challenge ftt decision and if they think they have a chance to win it than its highly likely that they challenge the decision.
If HO challenge the decision than unfortunately u need to wait another 5 to 6 months and if u win again in UT than another 2 to 3 months.
Still u have long way to go

congrat, to keep your mind at ease you might want to call tribunal after 1week to ask about home office intention.

my flr fp was also allowed last week , based on the evidence that have completed 10 years, so after 1 week i called tribunal and they told me home is willing to appeal and they've send them a letter, but still waiting for them though.

I don't think i can let them drag me through that route again, so am looking into going for premium service, as i saw in one of their guidance that variation of leave is allowed using premium. https://www.gov.uk/government/uploads/s ... _v16_0.pdf

I know that once an appeal is allowed am back on 3c , so can vary an application, but since they will be appealing i don't know if that will trigger 3d back. hope someone can throw more light.

Waqas123456 wrote:Hi to all Gurus,
I applied Ilr application 10 years route.
OK My case time line is,

Ilr application filed on 8th august 2014.
Ilr application refused on 21 November 2014( Ya i know didint take them two long to ditch me)
Filed appeal to Ftt in next 7 days.
Had My hearing on 15 June 2015.
Appeal allowed on 18 June 2015.
Appeal allowed decision letter is dated on 23 June 2015.
I received letter on 26 June 2015.
It says that Home office have 14 days to file appeal against this decision.

Please any help, what should i do next. Do i just sit tight.
And how many chances that Home office will challenge the Ftt decision to Up.
Its very hard to wait any longer as they took away my right to work when my ilr visa was refused. Any help regarding that would be great too.

Aoa Waqas my ILR also refused base on 10 years long residency on 21 May. I have file appeal in ftt under time limit. Would you mind to discuss your case with me please? How did you win your case from ftt? Looking forward your reply soon regards Tariq

Hi Waqas
nice to hear u won ur appeal.home office will only challenge the decision if they think they have very strong chance to win in appeal,most of time they won't challenge,u need to wait for 14 days and if Home office won't challenge then u will receive letter from Home Office to submit ur passport and photograph to reconsider ur case in light of tribunal decision and they will grant u ILR whole process take 1 month.
wish u all the best

Waqas123456 wrote: Hi to all Gurus,
I applied Ilr application 10 years route.
OK My case time line is,
Ilr application filed on 8th august 2014.
Ilr application refused on 21 November 2014( Ya i know didint take them two long to ditch me)
Filed appeal to Ftt in next 7 days.
Had My hearing on 15 June 2015.
Appeal allowed on 18 June 2015.
Appeal allowed decision letter is dated on 23 June 2015.
I received letter on 26 June 2015.
It says that Home office have 14 days to file appeal against this decision.

Please any help, what should i do next. Do i just sit tight.
And how many chances that Home office will challenge the Ftt decision to Up.
Its very hard to wait any longer as they took away my right to work when my ilr visa was refused. Any help regarding that would be great too.

Hi,
Thanks for all replies............
Sorry for delay..........
Let me start from right to work thing first.
My they refused my ilr appliaction with removal notice and asked me to report every fortnight in locla home office center( In my case its London Bridge). It says on that letter i don't have any right to work. So please any1 tell me whether HO challenge the ftt decision or not can i start work or not.

Second question is anyone has any idea how many chances there are that HO will challenge the decision. My solicitor is quite confident that they wont.

NasirNNN ,.................

Nasir can u please tell me when these 14 days starts and finish and weekends included or just working days..

For example my letter has date on it 23rd.........

Waqas123456 wrote:NasirNNN ,.................

Nasir can u please tell me when these 14 days starts and finish and weekends included or just working days..

For example my letter has date on it 23rd.........

i received the same verdict on my FLR FP, 14 days start from the date u received ur letter. I had same issue as well, i was not allowed to work so i took holidays from my work for 2 weeks, i have already applied fresh new application to buy some more time for my ILR. So i won't work until i get my acknowledgement letter from ukba.

Hi everyone.
I have been living in the UK for the last 8 years and 9 months so far without any refusal and I still have another 11 months before my visa expires. So basically my visa will expire on on may 30th 2016. However my 10 years long residence will complete 6 september 2016. Which means I am short of 4 months and 7 days.

I believe that I will not be able to apply for ILR 10 years as it is short by 4 months. how early I can make an application to the home office for my ILR.

Any help?

barbhuiya wrote:Hi everyone.
I have been living in the UK for the last 8 years and 9 months so far without any refusal and I still have another 11 months before my visa expires. So basically my visa will expire on on may 30th 2016. However my 10 years long residence will complete 6 september 2016. Which means I am short of 4 months and 7 days.

I believe that I will not be able to apply for ILR 10 years as it is short by 4 months. how early I can make an application to the home office for my ILR.

Any help?

You can apply early only 28 days before your 10 years and u can buy some time in order to cover 4 months if u lucky enough by applying flr fp or flr o depend on ur grounds. So apply flr fp then vary with set lr .

Waqas123456 wrote:Hi,
Thanks for all replies............
Sorry for delay..........
Let me start from right to work thing first.
My they refused my ilr appliaction with removal notice and asked me to report every fortnight in locla home office center( In my case its London Bridge). It says on that letter i don't have any right to work. So please any1 tell me whether HO challenge the ftt decision or not can i start work or not.

Second question is anyone has any idea how many chances there are that HO will challenge the decision. My solicitor is quite confident that they wont.

Was this Set lr your first application before last visa expiry?

I applied first interprenuer and was refused and court process took me very close to 10 years so applied for ilr.........

Something does not make sense. You cannot make an application while there is an on-going appeal.

Vinny

By court process i mean, my last appeal was exhausted so i had 28 days to apply for further leave to remain or leave the country........and i applied ilr but was still 2 months away...........And was refused and now my ilr appeal is allowed in ftt...............
Now homeO has 14 days to challenge the decision.........plz tell me 14 days starts from the date on the decision letter and does it include any weekend or not.............my letter was sent on 23..........

Waqas123456 wrote:Vinny

By court process i mean, my last appeal was exhausted so i had 28 days to apply for further leave to remain or leave the country........and i applied ilr but was still 2 months away...........And was refused and now my ilr appeal is allowed in ftt...............
Now homeO has 14 days to challenge the decision.........plz tell me 14 days starts from the date on the decision letter and does it include any weekend or not.............my letter was sent on 23..........

So u have no work right than. 3c lapse when your entrepreneur appeal rights exhausted. 14 days include weekends starts from date on the decision letter.

Sometimes HO challenge the decision even after 14 days. Sometimes even after 2 months. If u search this forum u will see similar stories.

Kindly tell us on what grounds HO refused your ILR and what grounds ftt allowed your appeal.

so if home office challenge decision after 14 days ......like u said even after 2 months then what happens........i reckon its time wasting practice or would ut still entertain their appeal and probably even decide in their favor..........plz shed some light .............

Waqas123456 wrote:so if home office challenge decision after 14 days ......like u said even after 2 months then what happens........i reckon its time wasting practice or would ut still entertain their appeal and probably even decide in their favor..........plz shed some light .............

UT will definitely entertain their appeal even after 2 weeks. If UT thinks that ftt judge made an error of law and HO prove it in UT than yes appeal can go in favor of HO

Kindly tell us reason of ILR refusal and ftt decision in your favor

Hi,

Unfortunately HOME OFFICE challenged against allowed appeal of ftt....................what now, how long does it take to get reply from them ..................on a letter it says they are asking for permission to appeal.

Waqas123456 wrote:Hi,

Unfortunately HOME OFFICE challenged against allowed appeal of ftt....................what now, how long does it take to get reply from them ..................on a letter it says they are asking for permission to appeal.

You need to file a rule 24 notice if they are granted permission, challenging their appeal.

A Section 47 notice cannot have the effect of undermining a section 3C right.

That is unlawful, unless the notice was issued under Section 10.

Obie wrote:

Waqas123456 wrote:Hi,

Unfortunately HOME OFFICE challenged against allowed appeal of ftt....................what now, how long does it take to get reply from them ..................on a letter it says they are asking for permission to appeal.

You need to file a rule 24 notice if they are granted permission, challenging their appeal.

A Section 47 notice cannot have the effect of undermining a section 3C right.

That is unlawful, unless the notice was issued under Section 10.

@Obie

If u read the previous posts OP is not covered by 3c as this is his 2nd application. OP 3c ends when he exhausted all appeal right (Tier 1 Entrepreneur application).
Than within 28 days he applied SET LR. which was refused and given appeal right again (does not make sense how he got appeal right 2nd time).

OP is not sharing reason of ILR refusal and on what basis his ftt appeal allowed.

Well if his section 3C has expired , then there is a no right to work.

For the reason I mentioned to you in another thread, section 82 has been amended , such that a person will have a right of appeal if they raise human right claim.

The long residency falls within article 8.

How long it would take them to decide weather grant permission or not...................

i had my appeal for 10 yrs ilr allowed on the 5th sept..2016
but havent recieved ny letter or reply from the tribunal yet....
n i m out of work can i work if i get the letter from the tribunal or do i have to wait for getting my ilr on the passport..i have been out for work for sometime now...need to get back to work now as its effecting me badly now

mujju313 wrote:i had my appeal for 10 yrs ilr allowed on the 5th sept..2016
but havent recieved ny letter or reply from the tribunal yet....
n i m out of work can i work if i get the letter from the tribunal or do i have to wait for getting my ilr on the passport..i have been out for work for sometime now...need to get back to work now as its effecting me badly now

Hi mujju313,
Could you plz share your case why HO refused your ILR and on what basis judge allowed your appeal. Recently my 10 yrs ILR refused and I have lodged appeal against the decision. I had submitted early ILR application which was refused just 14 days before completing my 10 years. Thanks