Biometrics fourth time fail, Applications invalidated!!

To all those in a similar scenario, my FLR (O)/FLR (FP) based on 7 years Child Concession was refused-got refusal letters yesterday.

However, glory to the Almighty and my Lord Jesus Christ, against all odds, I have been given a right of Appeal-In Country one, and that keeps my ILR hope alive.

Thanks to all for your support and above all I give praise to Jesus Christ for this window of hope, he is my rock on which I stand, he will for sure see me through these turbulent waters!!

I once more humble myself before the selfless good people of this forum begging for input on my case. My flr refusal appeal date has been set for end of Feb.2016. The refused application was based on 7 years child concession. I will be clocking 10 years in January 2016.

What would be your word of advise, wait for the appeal date, submit extra evidence to the judge that I have now clocked 10 years or withdraw the appeal after going past the date of 10 years qualifying period? What are the merits and demerits of these two routes?

Please kindly note that my 10 years run has not been thorn free, I had a Tier 4 refusal way back in 2013, right of appeal given, latter withdraw the appeal and submitted fresh application same day. Visa was granted. Based on my circumstances would I be successful if I were to try premium?

Your feedback will be greatly appreciated.

DId you apply for a SAR? I think you can vary your appeal grounds and if judge allows it then its good if not its still good as you have an option to make a fresh application. But i think varying appeal could take more time if successful than making a fresh application but the plus point is that you will not become an overstayer,

[quote="sodonm"]DId you apply for a SAR? I think you can vary your appeal grounds and if judge allows it then its good if not its still good as you have an option to make a fresh application. But i think varying appeal could take more time if successful than making a fresh application but the plus point is that you will not become an overstayer,''

Thanks Sodonm-greatly appreciated. Requested for SAR sometime back, got it but its not clear to show whether I have had a gap or not.
Could you please kindly elaborate more on the varying of appeal grounds-how do I go about it and when do I request to vary, is it now when am preparing a buddle to send to the courts or can I do it after I clock 10 years?

Thanks,

Gurus ; (Vinny, Obie, Casa, Zee Ali, Amber, secret-Simon, Sushmedta, etc), could you please come to my rescue on this one by shedding more light. While I appreciate Sodonm's contribution above I need more views to come up with an informed decision as am still a bit in a dilemma, and would be grateful for your guidance.

Mine is a long twisted case-I have had refusals and what I thought where gaps. When my last Visa expired, I had a gap of 11 months to get to 10 years. I was in a tight corner as I had exhausted all my years I could renew based on studentship. Luckily my kids had just turned 7 years stay in the UK...so I had no way out but to put in an application based on 7 years child concession although I knew it was going to be a no as we applied as a couple.

The Child concession application (FP) was rejected and at the time this was happening I still had six months to cover. Luckily, appeal was granted and later on the appeal date set was two months beyond my date of clocking 10 years. Appeal date was set for end of March 2016 while I clocked 10 years in January 2016.

I was geared to apply for ILR using PEO in Jan but my Barrister was against the idea owing to the fact that my immigration history has been very complex and also dodged with a number of refusals along the way in my 10 years history. He was for the idea that we go along with the appeal date and attend the appeal hearing. I was scheduled to attend court appeal hearing at the end of last month but two days before the hearing date,we received a fax both from the courts and HO that the appeal has been withdrawn (HO withdraw) and the letter stated that since I have clocked 10 years in the UK I can apply for ILR and that they will look into the fresh application. I have already submitted a new application based on 10 years for ILR.

My question is, what are the chances of being granted ILR owing to the fact that its HO themselves who decided to withdraw from my appeal case hearing?

I thank you in advance.

The only reason I can think of is that UKVI has realized that you have completed 10 years legal stay so there is no point in pursuing the appeal. Withdrawing appeal also gives you the freedom to make a new application, so they have done a favor (sort of) to provide you the ability to do the needful

SET(LR)! And FLR(M) for family!

geriatrix wrote:The only reason I can think of is that UKVI has realized that you have completed 10 years legal stay so there is no point in pursuing the appeal. Withdrawing appeal also gives you the freedom to make a new application, so they have done a favor (sort of) to provide you the ability to do the needful

SET(LR)! And FLR(M) for family!

Thanks, I salute you-so does this means I should stop worrying about all those refusals and gaps which I have always thought they may have lead to the break in the 10 years continuity?

The fact that you were given a right of appeal means that your application was in-time.
Out of time applications don't get a right of appeal upon refusal.

So what gap(s) are you referring to?

geriatrix wrote:The fact that you were given a right of appeal means that your application was in-time.
Out of time applications don't get a right of appeal upon refusal.

So what gap(s) are you referring to?

Thanks for the feedback.

Mine is a long story-had refusals based on student visa applications years back.

Anyway, let me not duel much about the past...I will keep my fingers crossed. Will definitely let the people of this wonderful forum know about the outcome as soon as I hear from HO.

Thanks.

Ditima98 wrote:Mine is a long twisted case-I have had refusals and what I thought where gaps. When my last Visa expired, I had a gap of 11 months to get to 10 years. I was in a tight corner as I had exhausted all my years I could renew based on studentship. Luckily my kids had just turned 7 years stay in the UK...so I had no way out but to put in an application based on 7 years child concession although I knew it was going to be a no as we applied as a couple.

The Child concession application (FP) was rejected and at the time this was happening I still had six months to cover. Luckily, appeal was granted and later on the appeal date set was two months beyond my date of clocking 10 years. Appeal date was set for end of March 2016 while I clocked 10 years in January 2016.

I was geared to apply for ILR using PEO in Jan but my Barrister was against the idea owing to the fact that my immigration history has been very complex and also dodged with a number of refusals along the way in my 10 years history. He was for the idea that we go along with the appeal date and attend the appeal hearing. I was scheduled to attend court appeal hearing at the end of last month but two days before the hearing date,we received a fax both from the courts and HO that the appeal has been withdrawn (HO withdraw) and the letter stated that since I have clocked 10 years in the UK I can apply for ILR and that they will look into the fresh application. I have already submitted a new application based on 10 years for ILR.

My question is, what are the chances of being granted ILR owing to the fact that its HO themselves who decided to withdraw from my appeal case hearing?

I thank you in advance.

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Dear Great people of this site,

By the grace of God, this exhausting fight with the system is over....I finally got my ILR-please read my case history, its truly God's miracle that I survived all the traps set by Home Office along the 10 years journey!

To those still striving to over come the challenges, I say fight on, never give up even when someone says you have no chance. I have had refusals and at the end of it all, a 11 months gap while i had no room to manoeuvre to...but in the end I succeeded, so you can too.

Again. to you all brothers and sisters still striving for your papers, I say good lucky and keep on, you shall triumph in the end!

For all those who gave me much needed support on this site, i say a massive thank you and edge you to keep on the good deeds, your rewards will indeed come from God for this nobble job you are doing!

To contribute in my own small way, as a way of paying back, am all yours for any questions you may have in relation to my personal experience during this 10 years rough ride i have experienced immigration-wise.