Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

7 days to ILR upper tribunal refused permission

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Appeal dismissed how can I buy time???

Post by Ask4help » Sat Aug 11, 2018 5:28 pm

Hello guys,
Please I need an advice from well experienced persons or someone who has passed through the same situation.
I was issued a student visa (18 months period) on 4th of Feb 2009 and I came to the UK 8th of Feb 2009 for a master's degree with my wife who had 2 years visit visa on her passport at the time.On April 2009 my wife went back to our home country to switch her visit visa to student dependant and returned back to UK in May. On September 2009 we had our first baby. In June 2010 , I applied for PSW visa through the university and was granted on October (period of 2years). On September 2012 I applied for entrepreneur visa it was granted on July 2013 (period of 3years) but due to the requirement in entrepreneur visa I was not able to renew the visa. On June 2016 I made application based on 7yrs born in the uk route.my child was a month and half short of 7 years. In January 2018 we got a refusal (reason for refusal: me and my wife were from same country it will be reasonable for us to return back to our country) with right of appeal. We went for hearing July 2018 and it was dismissed August 2018.

Now, my ten years will complete January 2019. What step will be good for me now to delay or buy time? My solicitor said I should appeal the first tier tribunal decision by first asking other judge to review the case and if that doesn't go well then we can appeal to upper tribunal and if the outcome still isn't good then we can appeal in the appeal court. But I was suggesting if to make fresh application? Secondly, if I'm applying for my ten years long residence on January can my wife as well apply along with me although, she came with visit visa alongside with me and returned back to switch to student dependant visa. she only spent three weeks back home.

PLEASE!!!!! PLEASE!!!!!! PLEASE HELP


Sent from my iPad

Obie
Moderator
Posts: 13953
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Appeal dismissed how can I buy time???

Post by Obie » Sat Aug 11, 2018 6:33 pm

You can apply for permission to appeal, and identify errors of law in the original decision. Going for a new application at this stage, don't seem very sensible.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: Appeal dismissed how can I buy time???

Post by Ask4help » Sat Aug 11, 2018 10:00 pm

Many thanks, I so much appreciate that’s what my solicitor said.but will this give me enough time? I’m scared not to lose my ten years residency.

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: Appeal dismissed how can I buy time???

Post by Ask4help » Sun Aug 12, 2018 11:16 am

Ask4help wrote:
Sat Aug 11, 2018 5:28 pm
Hello guys,
Please I need an advice from well experienced persons or someone who has passed through the same situation.
I was issued a student visa (18 months period) on 4th of Feb 2009 and I came to the UK 8th of Feb 2009 for a master's degree with my wife who had 2 years visit visa on her passport at the time.On April 2009 my wife went back to our home country to switch her visit visa to student dependant and returned back to UK in May. On September 2009 we had our first baby. In June 2010 , I applied for PSW visa through the university and was granted on October (period of 2years). On September 2012 I applied for entrepreneur visa it was granted on July 2013 (period of 3years) but due to the requirement in entrepreneur visa I was not able to renew the visa. On June 2016 I made application based on 7yrs born in the uk route.my child was a month and half short of 7 years. In January 2018 we got a refusal (reason for refusal: me and my wife were from same country it will be reasonable for us to return back to our country) with right of appeal. We went for hearing July 2018 and it was dismissed August 2018.

Now, my ten years long residency will complete January 2019. What step will be good for me now to delay or buy time? My solicitor said I should appeal the first tier tribunal decision by first asking other judge to review the case and if that doesn't go well then we can appeal to upper tribunal and if the outcome still isn't good then we can appeal in the appeal court. But I was suggesting if to make fresh application? Or can my solicitor suggestions buy my time till January?Secondly, if I'm applying for my ten years long residence on January can my wife as well apply along with me although, she came with visit visa alongside with me and returned back to switch to student dependant visa. she only spent three weeks back home.

PLEASE!!!!! PLEASE!!!!!! PLEASE HELP


Sent from my iPad

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: Appeal dismissed how can I buy time???

Post by Ask4help » Mon Aug 13, 2018 11:38 am

I need advice please people help!!!

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Permission to upper tribunal how?

Post by Ask4help » Thu Aug 23, 2018 5:37 pm

Hi guys, I just appeal to first tribunal for permission to upper tribunal. Please How long does appeal for permission usually takes to respond?

God bless.

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Appeal late by one day!

Post by Ask4help » Sun Oct 14, 2018 2:44 am

Good day to everyone, please I need a clarification regarding appeal permission to upper tribunal made to first tribunal. The appeal was refused and the judge said the appeal was late with one day but he went ahead to say because of sensitivity in the case he will treat the case as in time appeal

My question now is that would that affect my ILR allocation by February next year?

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Confused and scared pls help

Post by Ask4help » Tue Oct 30, 2018 1:50 am

Good day guys, please I need advice and information.
Advice:
my ten years residency due January 4th but Last two weeks I submitted appeal to upper tribunal. I want to know if it would be right to start looking for slot in premium service to book a date now or too early?

Information:
if my appeal to upper tribunal is refuse how many day do upper tribunal give to appeal to appeal court? And would my article 3c still continue why my appeal is in appeal court?

User avatar
Londoner007
Diamond Member
Posts: 1634
Joined: Mon Feb 13, 2017 9:29 am

Re: Appeal late by one day!

Post by Londoner007 » Tue Oct 30, 2018 3:35 pm

This is a very complex case, would be best to get answer to these questions from a professional legal representative.
Verily, After Hardship Comes Ease

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: Confused and scared !

Post by Ask4help » Tue Oct 30, 2018 11:40 pm

Thanks for your the advice. I’m willing read people opinions if anyone can tell me his or her opinion or experience it will be good. Most of the legal professionals makes issue wast for someone if the person on that case doesn’t know anything regarding what is going on. But with people opinions you can ask questions and understand the directions of things.

User avatar
Londoner007
Diamond Member
Posts: 1634
Joined: Mon Feb 13, 2017 9:29 am

Re: Appeal late by one day!

Post by Londoner007 » Tue Oct 30, 2018 11:45 pm

Yes that can be the case, but if you are going to appeal against a tribunal decision you will need expert advise from someone who can point to facts of law.
Verily, After Hardship Comes Ease

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: Appeal late by one day!

Post by Ask4help » Thu Nov 01, 2018 3:38 am

Thanks very much for your time and concern which I highly appreciate. But I think you are reading my old. I have made the appeal already to first tribunal and it was dismiss then permission to appeal to upper tribunal was also refused. Now I have made appeal to to upper tribunal Two weeks age and I’m due for my 10 years long residency in first week of January and I don’t know how long the appeal would take. My question now is that can i start looking for slot games n premium service or it’s too early for that?

Secondly, if the appeal to upper tribunal is refuse how many day do upper tribunal give to appealed to the appeal court? And would my article 3c still continue why my appeal is in appeal court?

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

How can I vary my application

Post by Ask4help » Mon Dec 24, 2018 3:31 am

Complement of the season you all. Please I need advice and a direction regarding my 10 years (ILR).

I have an ongoing appeal at the upper tribunal and my 28 day to my l0 years long residency will be complete 6th of January 2019.

Here is where I needed advice
1). How do I go about with the ILR application?
2). Do I need to withdraw my appeal from the upper tribunal or vary the application?
3). If to vary the application how can I vary it? Do I need to write to the upper tribunal regarding my recent predicament or to my case worker?

I would appreciate as many as possible advice plz.

Many thanks

User avatar
CR001
Moderator
Posts: 55021
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: How can I vary my application

Post by CR001 » Mon Dec 24, 2018 10:51 am

Ask4help wrote:
Mon Dec 24, 2018 3:31 am
Complement of the season you all. Please I need advice and a direction regarding my 10 years (ILR).

I have an ongoing appeal at the upper tribunal and my 28 day to my l0 years long residency will be complete 6th of January 2019.

Here is where I needed advice
1). How do I go about with the ILR application?
2). Do I need to withdraw my appeal from the upper tribunal or vary the application?
3). If to vary the application how can I vary it? Do I need to write to the upper tribunal regarding my recent predicament or to my case worker?

I would appreciate as many as possible advice plz.

Many thanks
1. You don't qualify for ILR on 6th January. Your residence starts from date of ENTRY to the UK not visa issue date. The earliest you can apply is 11th January.

2. Yes you would need to withdraw appeal and given the complexity of your case you need to think carefully as withdrawing your appeal ends your Section 3 protection.

3. You cannot 'vary' an appeal to ILR. You have to withdraw the appeal and then APPLY for ILR. There is also no longer an in person same day decision service so you would have to apply online and then attend the new UKVCAS centres for biometrics etc.
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.

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: How can I vary my application

Post by Ask4help » Mon Dec 24, 2018 11:32 am

God bless you for your response, my date of entry is 4th of February 2009. So when is the good time to withdraw the application so that it wouldn’t affect my acticle 3c?

User avatar
CR001
Moderator
Posts: 55021
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: How can I vary my application

Post by CR001 » Mon Dec 24, 2018 1:29 pm

Ask4help wrote:
Mon Dec 24, 2018 11:32 am
God bless you for your response, my date of entry is 4th of February 2009. So when is the good time to withdraw the application so that it wouldn’t affect my acticle 3c?
You previously stated your visa was issued on 4th Feb and you ENTERED the UK on 8th Feb??
I was issued a student visa (18 months period) on 4th of Feb 2009 and I came to the UK 8th of Feb 2009
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.

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: How can I vary my application

Post by Ask4help » Mon Dec 24, 2018 1:58 pm

Sorry it was an error, it was issued 2nd if February 2009 and I entered 4th of February 2009.

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Re: How can I vary my application

Post by Ask4help » Mon Dec 24, 2018 2:06 pm

But I’m going to wait till 1oth or 11th before I summit my online application. And I’ll be send my withdrawal letter same day I’m submitting my online application or should i send the withdrawal letter with same day I’m submitting my application documents?

Ask4help
Newbie
Posts: 32
Joined: Sat Aug 11, 2018 5:13 pm

Upper tribunal appeal withdrawal

Post by Ask4help » Wed Dec 26, 2018 3:41 pm

Please can anyone confirm this. Please help!!!

I have appeal to upper tribunal and I have only got acknowledge letter since then never hear from then.

Now the question:
Is this a permission to upper tribunal?
Those this mean I can withdraw my application automatically without the Joudge have to confirm the withdrawal?

HERE IS A COPY FROM GOV WEBSITE REGARDING WITHDRAWAL PROCESS:

Withdrawal of appeals in the Upper Tribunal A party to an appeal at the Upper Tribunal may withdraw their appeal:
• at any time before a hearing
• orally at hearing

Where a party withdraws their application for permission to appeal then the effective withdrawal date is the date the application for permission is withdrawn. If a person makes a variation of their initial application for leave on the same day they have withdrawn the appeal then the varied application should be accepted as the person is to be treated as if they did not have section 3C leave on that day.

Where permission to appeal to the Upper Tribunal has been granted a party cannot withdraw their appeal until the Upper Tribunal agrees to the withdrawal.
Where the Upper Tribunal agrees to the withdrawal it must notify the parties. The appeal and any section 3C leave will continue until the Upper Tribunal notifies the parties that the appeal is withdrawn. The effective date of the withdrawal of the appeal is contained in the notice issued by the Tribunal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Procedure Rules 2008 governs the withdrawal of appeals in the Upper Tribunal.

Withdrawal of decision during the appeals process Where the Home Office withdraws a decision while the appeal is pending, section 3C leave reverts to leave under section 3C (5). This is because section 3C leave is no longer being extended as a consequence of an appeal being pending and reverts to leave which is being extended whilst a decision is awaited. As the decision has been withdrawn it is possible for the outstanding application to be varied during the period

User avatar
aman90
Member of Standing
Posts: 407
Joined: Wed Dec 24, 2014 8:41 pm

Re: Upper tribunal appeal withdrawal

Post by aman90 » Wed Dec 26, 2018 7:53 pm

Ask4help wrote:
Wed Dec 26, 2018 3:41 pm
Please can anyone confirm this. Please help!!!

I have appeal to upper tribunal and I have only got acknowledge letter since then never hear from then.

Now the question:
Is this a permission to upper tribunal?
Those this mean I can withdraw my application automatically without the Joudge have to confirm the withdrawal?
What does the acknowledgement letter say? Does it just confirm that they’ve received ur appeal and will be in touch?
HERE IS A COPY FROM GOV WEBSITE REGARDING WITHDRAWAL PROCESS:

Withdrawal of appeals in the Upper Tribunal A party to an appeal at the Upper Tribunal may withdraw their appeal:
• at any time before a hearing
• orally at hearing

Where a party withdraws their application for permission to appeal then the effective withdrawal date is the date the application for permission is withdrawn. If a person makes a variation of their initial application for leave on the same day they have withdrawn the appeal then the varied application should be accepted as the person is to be treated as if they did not have section 3C leave on that day.

3c protection ends the date you withdraw and your varied application will be as an overstayer but you should be covered by 39E?

Where permission to appeal to the Upper Tribunal has been granted a party cannot withdraw their appeal until the Upper Tribunal agrees to the withdrawal.
Where the Upper Tribunal agrees to the withdrawal it must notify the parties. The appeal and any section 3C leave will continue until the Upper Tribunal notifies the parties that the appeal is withdrawn. The effective date of the withdrawal of the appeal is contained in the notice issued by the Tribunal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Procedure Rules 2008 governs the withdrawal of appeals in the Upper Tribunal.

Withdrawal of decision during the appeals process Where the Home Office withdraws a decision while the appeal is pending, section 3C leave reverts to leave under section 3C (5). This is because section 3C leave is no longer being extended as a consequence of an appeal being pending and reverts to leave which is being extended whilst a decision is awaited. As the decision has been withdrawn it is possible for the outstanding application to be varied during the period

You entered UK 04/02
Qualify for 10 years from date of entry
Minus 28 = 07/01/19

Post Reply
cron