Appeal dismissed now going to UT

sabuj263 wrote:Upper Tribunal granted permission, there is something in it. So be prepared for it. Good Luck mate.

Olasunkanmi wrote:@ Zaidii,

''Now the situation is I will complete my 10 years November 2014
If I don't get permission to go to UT what options do I have in order to keep my long term residency chain valid till November ?''

My advice is as follows on the condition that your business is presently trading;

(1) If you don't get permission to apply to UT from FTT, then submit an application to the UT for permission to appeal to the UT by completing form IAUT -1 and lodged with the UT no later than seven working days after the date on which the FTT refusal of permission was sent to you. This might take another 4-6weeks and If this permission is then refused then proceed to;

(2) Appeal directly to the UT and if UT also dismiss your appeal, then

(3) Apply direct to the Court of Appeal for permission to appeal
An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

If you follow the above advice, you will end up completing your 10yrs long residency before the third stage at the court of appeal and you can then add your 10yrs long residency as another ground of your appeal and the judge will have no choice than to allow your appeal at this stage.

I will advice you to consult professional lawyers with this plan and hear their opinion on the possibility.

meet2mustafiz wrote:

Olasunkanmi wrote:@ Zaidii,

''Now the situation is I will complete my 10 years November 2014
If I don't get permission to go to UT what options do I have in order to keep my long term residency chain valid till November ?''

My advice is as follows on the condition that your business is presently trading;

(1) If you don't get permission to apply to UT from FTT, then submit an application to the UT for permission to appeal to the UT by completing form IAUT -1 and lodged with the UT no later than seven working days after the date on which the FTT refusal of permission was sent to you. This might take another 4-6weeks and If this permission is then refused then proceed to;

(2) Appeal directly to the UT and if UT also dismiss your appeal, then

(3) Apply direct to the Court of Appeal for permission to appeal
An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

If you follow the above advice, you will end up completing your 10yrs long residency before the third stage at the court of appeal and you can then add your 10yrs long residency as another ground of your appeal and the judge will have no choice than to allow your appeal at this stage.

I will advice you to consult professional lawyers with this plan and hear their opinion on the possibility.

My determination letter was sent into my previous solicitor's address.according to my present solicitor's statement -before hearing he inform tribunal that he is my legal representative and also with bundle of document he attached letter that he is solicitor.after we found that my determination sent into wrong address my solicitor contract with Tribunal couple of time and no response from tribunal.But when I contract with tribunal they response within 1 day.I explained my situation and request to resend the determination to my present solicitor.within 1 week Tribunal sent determination letter to my present solicitor with 14 days time line.So,I received my determination letter after 5 month of waiting when 1st determination was sent to my previous solicitor on 8th July.
I will asked for permission to appeal to FTT today 17.12.14.If ALLAH wants I am eligible to apply for ILR on 3rd of August 2015.what is possibility to make 10 years by rest of appeal process and a fresh application ? can you explain with time limit please

meet2mustafiz wrote:I will highly appreciate for your help and advice:
I am in very difficultly position.I was a student,living in UK with my wife and 2 year old son.My visa was refused on human right ground.My appeal's hearing in First Tier Tribunal was on June 2014. 5 month before the hearing date on last January 2014, I changed my solicitor and present solicitor informed Home Office and tribunal about the changes and he represent me in the hearing.I did not knew the decision until I phoned Tribunal on 2nd week of August 2014 ,they told me Tribunal dismissed my appeal on first week of July 2014 and I was also shocked when they said they sent determination letter to my previous solicitor's address.
After many correspondences with Tribunal,Tribunal re-issued decision letter on first week of December 2014.Then we sent permission to appeal for Upper tribunal to First Tier tribunal within 14 days.Middle of January 2015 I phoned First Tier tribunal to know about the outcome and they said they haven't received my permission to appeal for Upper tribunal.but my solicitor said he have proof,he have the receipt from fax machine that he sent the permission to appeal.now he is contracting with First Tier Tribunal.
First week of august 2015,I will qualify to apply ILR on 10 years ground.I am very much worried that Home Office could say I have the gap in continuous residency during appeal process.I needed to kill those time to qualify for 10 years route.does my solicitor intentionally doing this to spent those time,why he is not telling me then ? or those issues occur because of lack of his responsibility ? how can I over come from this situation ?

I will highly appreciate for your help and advice

meet2mustafiz wrote:Zee Ali

yes I said about the acknowledgement letter but latter my solicitor correct me that he have a proof of fax receipt that Tribunal received my Permission to appeal.but When I phoned tribunal,they say they did not received anything from tribunal.

Now I don't know what to say.First week of august 2015,I will qualify to apply ILR on 10 years ground.I am very much worried that Home Office could say I have the gap in continuous residency during appeal process.I needed to kill those time to qualify for 10 years route.does my solicitor intentionally doing this to spent those time,why he is not telling me then ? or those issues occur because of lack of his responsibility ? how can I over come from this situation ?

Zee ali wrote:

meet2mustafiz wrote:Zee Ali

yes I said about the acknowledgement letter but latter my solicitor correct me that he have a proof of fax receipt that Tribunal received my Permission to appeal.but When I phoned tribunal,they say they did not received anything from tribunal.

Now I don't know what to say.First week of august 2015,I will qualify to apply ILR on 10 years ground.I am very much worried that Home Office could say I have the gap in continuous residency during appeal process.I needed to kill those time to qualify for 10 years route.does my solicitor intentionally doing this to spent those time,why he is not telling me then ? or those issues occur because of lack of his responsibility ? how can I over come from this situation ?

I think u have a big gap in your Long residency. U must prove now that u or your new solicitor never received the court decision.

Even if u prove according to the HO rule your section 3c reinstate from when the court accept your appeal again for hearing

Read page 11 of the link below

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

meet2mustafiz wrote:

Zee ali wrote:

meet2mustafiz wrote:Zee Ali

yes I said about the acknowledgement letter but latter my solicitor correct me that he have a proof of fax receipt that Tribunal received my Permission to appeal.but When I phoned tribunal,they say they did not received anything from tribunal.

Now I don't know what to say.First week of august 2015,I will qualify to apply ILR on 10 years ground.I am very much worried that Home Office could say I have the gap in continuous residency during appeal process.I needed to kill those time to qualify for 10 years route.does my solicitor intentionally doing this to spent those time,why he is not telling me then ? or those issues occur because of lack of his responsibility ? how can I over come from this situation ?

I think u have a big gap in your Long residency. U must prove now that u or your new solicitor never received the court decision.

Even if u prove according to the HO rule your section 3c reinstate from when the court accept your appeal again for hearing

Read page 11 of the link below

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

Mr Zee Ali

why I have to prove that me or my solicitor never received the court decision when court said they sent decision in to my previous solicitor ???
I think you did not proper read my case history.thanks for your time brother

meet2mustafiz wrote:I did not knew the decision until I phoned Tribunal on 2nd week of August 2014 ,they told me Tribunal dismissed my appeal on first week of July 2014 and I was also shocked when they said they sent determination letter to my previous solicitor's address.

thanks Zee Ali for your time and advice