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Appeal waiting time

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Otenec
Newbie
Posts: 31
Joined: Sat Jun 12, 2021 7:43 pm
Nigeria

ILR Refused

Post by Otenec » Tue Apr 19, 2022 10:51 pm

Hi my community,
Please, I need your advice/opinion. I first entered the UK on the 22/11/2010. I had qualified for ILR by 22/11/2020 because I had lived in the UK without gaps and had only spent 492 days away from the UK.
But when I applied in Nov 2021, I had been out of the country for 582 days. I have been refused ILR because the Case Worker took into account my 10 years from Nov 2011 to Nov 2021 and therefore I had excess of time away from the country.

Please, should my qualifying period not be from 2010 to 2020? Why did they decide to use 2011 to 2021?
I am allowed to appeal, please on what ground should I appeal the refusal?
Please help me with an advice.
Thanks very much

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: ILR Refused

Post by ywlgy » Tue Apr 19, 2022 11:54 pm

You should have included a cover letter specifying the qualifying period as 2010-2020. Appeal and you have a good chance.

From UKVI guidance https://assets.publishing.service.gov.u ... gov-uk.pdf
Once an applicant has built up a period of 10 years’ continuous lawful residence,
there is no limit on the length of time afterwards when they can apply. This means
they could leave the UK, re-enter on any lawful basis, and apply for settlement from
within the UK based on a 10 year period of continuous lawful residence they built up
in the past.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

Otenec
Newbie
Posts: 31
Joined: Sat Jun 12, 2021 7:43 pm
Nigeria

Re: ILR Refused

Post by Otenec » Wed Apr 20, 2022 12:13 am

Thanks so much for this.
Do I need a Lawyer to argue this for me or I could appeal it myself even as a layperson?

Thanks do much for your help.

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: ILR Refused

Post by AmazonianX » Wed Apr 20, 2022 5:27 am

Otenec wrote:
Wed Apr 20, 2022 12:13 am
Thanks so much for this.
Do I need a Lawyer to argue this for me or I could appeal it myself even as a layperson?

Thanks do much for your help.
You can appeal yourself and seek guidance on the forum.

User avatar
zimba
Moderator
Posts: 23360
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR Refused

Post by zimba » Wed Apr 20, 2022 3:39 pm

Otenec wrote:
Wed Apr 20, 2022 12:13 am
Thanks so much for this.
Do I need a Lawyer to argue this for me or I could appeal it myself even as a layperson?

Thanks do much for your help.
I suggest getting legal advice when you aim to appeal a decision. Court procedures and preparation better be handled by legal professionals
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Otenec
Newbie
Posts: 31
Joined: Sat Jun 12, 2021 7:43 pm
Nigeria

Re: ILR Refused

Post by Otenec » Fri Apr 22, 2022 1:16 am

Thanks again for your support.
Please, could I get a member here to help with advice on my appeal? I will glad to have you inbox me please on email address removed by moderator
Kind regards.

User avatar
CR001
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Location: London
Mood:
South Africa

Re: ILR Refused

Post by CR001 » Fri Apr 22, 2022 6:28 am

Otenec wrote:
Fri Apr 22, 2022 1:16 am
Thanks again for your support.
Please, could I get a member here to help with advice on my appeal? I will glad to have you inbox me please on email address removed by moderator
Kind regards.
Please do not post your personal contact information on the forum. It is not permitted.

We are also all unpaid volunteers on the forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Otenec
Newbie
Posts: 31
Joined: Sat Jun 12, 2021 7:43 pm
Nigeria

Appeal waiting time

Post by Otenec » Thu May 26, 2022 10:55 pm

Hello everyone.
Please, can I get an idea about how long it takes to wait for the court to hear an appeal of a refusal of ILR.
I was refused with right to appeal and I applied within the 14days allowed for me to appeal, I chose to attend court to be heard and paid £140 for that service. It has been 6 weeks now since I applied for appeal and received acknowledgement that my application has been received by the court and would be contacted soon. I sent a reminder to the email address they have on the application site and got reply that the court would be contacting me when my case should come up for hearing.
Please, who has any idea about the waiting time for the court hearing? Should I have opted for the no hearing and only write my reason appeal which is even cheaper?
Please, help as I have become very anxious.
Thanks.

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zimba
Moderator
Posts: 23360
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Appeal waiting time

Post by zimba » Fri May 27, 2022 11:52 am

We cannot help you with legal matters and court proceedings as we are not legal professionals. As this is outside the scope of this forum, you are strongly advised to seek proper legal help. It is not recommended to approach a legal matter without getting legal advice :!: :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Otenec
Newbie
Posts: 31
Joined: Sat Jun 12, 2021 7:43 pm
Nigeria

Re: Appeal waiting time

Post by Otenec » Sat May 28, 2022 3:27 pm

Thanks.
I was only asking if anyone has had an experience or knows about the waiting time when the court responds. I was not asking for help with it, though I asked earlier if I could get help here earlier and was told this is not the forum for it.
Thanks again.

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