VARY application feon Tier1 General ILR to 10Year ILR

[teesha]

Dear Senior,

Do apologise for the long question but this is the longest wait for getting a decision I ever see in my life from Homeoffice I hope Senior can shed some light on it.

In Dec 2016 I had applied Tier1 General ILR but had refused in Dec 2018 under Tax ammendment which then challenged under AR and been approved under Balajigri for further action since then I involved my MP couple of times but same responses like due to cohort of cases this will take some time.
Now in October 2021 I vary my previous application to 10 Year ILR under Super priority services but get the letter from them on same day in which they said due to complex case they will take the decision by April 2022 now its been July 2022 I didn't received any response from them even email them several times and complained as well.
Can seniors shed some light what is the option for me now?
Also I lost my mother in back home couple of years ago but couldn't able to attend funeral and also didn't had a travel history since NOVEMBER 2009.
My wife had an ILR and kids are British citizen.

Thanks.

[zimba]

If your application was refused in 2016, then there was no pending application to vary. You can ONLY vary a pending application. Any other application afterwards would have been a new application. Did you mean you challenged the 2016 decision judicial review (JR) ?? Since 2015, there are no appeal rights and JR does not extend your lawful residence.

[teesha]

Hi Zimba

When my application was refused I put Administrative Review, which came successful under Balajigri
And after that because my application was pending since then so I vary my application last year.

[vinny]

Outcome of administrative review

AR2.2 The outcome of an administrative review will be:

• (a) Administrative review succeeds and the eligible decision is withdrawn; or
• (b) Administrative review does not succeed and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
• (c) Administrative review does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
• (d) Administrative review does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.

If an AR succeeds, then they withdraw the (refusal) decision. What happens after that seems complex?

What did the AR’s decision notice say exactly?

[teesha]

Hi Vinny

Please see below



Your Application for Administrave Review has been succeeded.
Following the Balajigri Judgement your case to be reconsider under the publish guidance.
Your Application for ILR has been sent back to original case working team to reconsider.
If your application is refused you may be entitled to apply for fresh AR of the decision.

Your existing leave and conditions has extended under section 3c immigration act while your application is under reconsideration.

[vinny]

I think you are right. The application was still pending. However, the Long residence variation may also depend on the outcome of their reconsideration, subject to 276B.

(iii) the applicant does not fall for refusal under the general grounds for refusal

[teesha]

Hi Thanks for your reply,

Indeed hence I had apply under 10years route last year in Oct which is still pending I don't know what to do SIR,

can I change again under my Mrs dependant together the decision early? Or go to JR? But only concern is I don't want to lose 3C leave

[vinny]

Unfortunately, applying as your wife’s dependant will not give ILR.

Moreover, whatever route you vary to may not escape from the reconsideration under the general grounds for refusal?

[teesha]

What should I do Sir? Just wait as I am doing it since dec2016? I am loosing patience....but atleast my Mrs had an ILR and kids got British Passport.
I would like to travel to see my unwell dad , don't want loose him without seeing him for last 14years.

[AmazonianX]

Reach out the team working on your application on compassionate grounds stating the present condition of father. All going well, You may be asked for some documents.
Hope it works.