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ILR 10 years lawful residence and paragraph 39E

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

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REM12
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Re: ILR 10 years lawful resident continue and section 39e

Post by REM12 » Sun Sep 29, 2019 6:48 pm

Sunny024 wrote:
Thu Sep 19, 2019 1:46 pm
kumar123456 wrote:
Thu Sep 19, 2019 3:31 am
Hi

We might have good chances of winning based on legitimate expectation

Please check this https://tribunalsdecisions.service.gov.uk/utiac/37621

How is this relevant to our case mr kumar
Could you please kindly explain
HELLO sunny024, any updates on the case? can u plz ur input on the case.

xeesee
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Re: ILR 10 years lawful resident continue and section 39e

Post by xeesee » Sat Oct 05, 2019 4:40 pm

REM12 wrote:
Sun Sep 29, 2019 6:48 pm
Sunny024 wrote:
Thu Sep 19, 2019 1:46 pm
kumar123456 wrote:
Thu Sep 19, 2019 3:31 am
Hi

We might have good chances of winning based on legitimate expectation

Please check this https://tribunalsdecisions.service.gov.uk/utiac/37621

How is this relevant to our case mr kumar
Could you please kindly explain
HELLO sunny024, any updates on the case? can u plz ur input on the case.
Hello REM12, what about your hearing?

REM12
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Re: ILR 10 years lawful resident continue and section 39e

Post by REM12 » Sun Oct 06, 2019 5:32 pm

HELLO xes... mine is back to ho for reconsideration. mine jr is about certified n 276b so lets see what they gonna do.just waiting

Ports
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Sun Oct 06, 2019 8:52 pm

REM12 wrote:
Sun Oct 06, 2019 5:32 pm
HELLO xes... mine is back to ho for reconsideration. mine jr is about certified n 276b so lets see what they gonna do.just waiting
Hello REM12,
What was your case ILR LR??? was 39E involved??? What do you mean by certified??? Was that your JR permission hearing??? Could you please tell me more information about your case ??
Thanks

Ports
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Sun Oct 06, 2019 8:57 pm

Sunny024 wrote:
Thu Sep 19, 2019 1:46 pm
kumar123456 wrote:
Thu Sep 19, 2019 3:31 am
Hi

We might have good chances of winning based on legitimate expectation

Please check this https://tribunalsdecisions.service.gov.uk/utiac/37621

How is this relevant to our case mr kumar
Could you please kindly explain
Hello Sunny024, Is there any possibility to have a list of 39 E cases that are waiting for JR permission hearing in Court of Appeal. I know you have shared previously June Ahamed case. Please let me know
Thanks

kumar123456
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Re: ILR 10 years lawful resident continue and section 39e

Post by kumar123456 » Thu Oct 10, 2019 2:30 pm

Hi I think this analysis is helpful
https://www.academia.edu/38763671/Gaps_ ... =swp_share

antonio22
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Re: ILR 10 years lawful resident continue and section 39e

Post by antonio22 » Thu Oct 24, 2019 7:00 am

Any updates?

Sunny024
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Tue Oct 29, 2019 12:18 pm

no update

kumar123456
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Re: ILR 10 years lawful resident continue and section 39e

Post by kumar123456 » Wed Oct 30, 2019 12:51 am


Sunny024
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Wed Oct 30, 2019 2:03 pm

mr kumar
thanks for the update
can u explain this?

vinny
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Re: ILR 10 years lawful resident continue and section 39e

Post by vinny » Thu Oct 31, 2019 11:11 am

Sunny024 wrote:
Wed Oct 30, 2019 2:03 pm
mr kumar
thanks for the update
can u explain this?
While I have had regard to the submissions made on behalf of the petitioner to the effect that the Court of Appeal erred, I am nonetheless in full agreement with its decision and reasoning. Paragraph 39E has no relevance to or impact upon the operation of paragraph 276B(i)(a). It follows that the petition is refused.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Ports
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Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Fri Nov 01, 2019 2:01 pm

Sunny024 wrote:
Wed Oct 30, 2019 2:03 pm
mr kumar
thanks for the update
can u explain this?
Hi Sunny024,
This is a Scotland Supreme court decision on a petition against its lower courts decision. I don't think it has an impact on England & Wales courts. I'll check it out with my barrister.
Do you have any list of cases like yours and J Ahamed waiting in Court of Appeal for permission for JR or details of any cases that's been dealt with 39 E Long Residency.
Thanks

Sunny024
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Sat Nov 02, 2019 1:39 pm

COA refused mine based on mausam Ahmad ,end of the road foe me

Sunny024
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Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Sat Nov 02, 2019 10:31 pm

Did they refuse the appeal /Petition ?



Ports wrote:
Fri Nov 01, 2019 2:01 pm
Sunny024 wrote:
Wed Oct 30, 2019 2:03 pm
mr kumar
thanks for the update
can u explain this?
Hi Sunny024,
This is a Scotland Supreme court decision on a petition against its lower courts decision. I don't think it has an impact on England & Wales courts. I'll check it out with my barrister.
Do you have any list of cases like yours and J Ahamed waiting in Court of Appeal for permission for JR or details of any cases that's been dealt with 39 E Long Residency.
Thanks

Ports
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Sat Nov 02, 2019 11:09 pm

Sunny024 wrote:
Sat Nov 02, 2019 10:31 pm
Did they refuse the appeal /Petition ?



Ports wrote:
Fri Nov 01, 2019 2:01 pm
Sunny024 wrote:
Wed Oct 30, 2019 2:03 pm
mr kumar
thanks for the update
can u explain this?
Hi Sunny024,
This is a Scotland Supreme court decision on a petition against its lower courts decision. I don't think it has an impact on England & Wales courts. I'll check it out with my barrister.
Do you have any list of cases like yours and J Ahamed waiting in Court of Appeal for permission for JR or details of any cases that's been dealt with 39 E Long Residency.
Thanks
Yes they have refused the petition. I'm really sorry about your case. I thought COA is not binding with it's decision??? What is your next option??? Can you go to the Supreme Court???

Sunny024
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Mon Nov 04, 2019 1:36 am

Can’t go Supreme Court as my permission to appeal has been refused without a hearing .
My solicitor told me ,all appeals based on 39e are refused by COA based on mausam ahmad

Ports
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Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Mon Nov 04, 2019 8:21 pm

Sunny024 wrote:
Mon Nov 04, 2019 1:36 am
Can’t go Supreme Court as my permission to appeal has been refused without a hearing .
My solicitor told me ,all appeals based on 39e are refused by COA based on mausam ahmad
So in COA some of the cases get Oral hearing for JR Permission (Like Masum Ahamed) then some get Oral hearing. Did your solicitor do the grounds or did the barrister do them???? I also notice that June Ahmed case is still waiting for a decision on papers. He applied in January??? his case in UT was a JR hearing in October 2018 that means he lost it & applied to COA.
But REM 12 said earlier this month his case was sent back to HO for reconsideration at JR permission hearing in early October. He was in 39E case??? It seems that although Ahamed's cases are reported some of them are still going through. What options are available for you to stay now????

Ports
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Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Tue Nov 05, 2019 7:26 am

REM12 wrote:
Sun Oct 06, 2019 5:32 pm
HELLO xes... mine is back to ho for reconsideration. mine jr is about certified n 276b so lets see what they gonna do.just waiting
Dear REM12,
Can I Please clarify that your case was a JR permission hearing on 02 October??? You did not have AR from HO??? when you say 276B, is this involve 10 year Long residency & 39E ???? (whether you applied 14 days after AR exhausted and varied to ILR ????)
Did the judge ask HO to reconsider it at the Permission hearing???? Please let me know the details.
Thanks

REM12
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Re: ILR 10 years lawful resident continue and section 39e

Post by REM12 » Tue Nov 05, 2019 8:52 pm

Ports wrote:
Tue Nov 05, 2019 7:26 am
REM12 wrote:
Sun Oct 06, 2019 5:32 pm
HELLO xes... mine is back to ho for reconsideration. mine jr is about certified n 276b so lets see what they gonna do.just waiting
Dear REM12,
Can I Please clarify that your case was a JR permission hearing on 02 October??? You did not have AR from HO??? when you say 276B, is this involve 10 year Long residency & 39E ???? (whether you applied 14 days after AR exhausted and varied to ILR ????)
Did the judge ask HO to reconsider it at the Permission hearing???? Please let me know the details.
Thanks
HELLO PORTS,
act my case is also same like ur1. tier1 refused n admin review also refused so 3c stops. within 14 days applied flr lr than vary to set lr. its for 10 years long residency and refused on same as out of time application and junaid ahmed case law with no appeal right. applied jr paper hearing refused so on permission oral hearing day, HO withdraw the case ,so no hearing and told they gonna reconsider n give fresh decision within 90 days. my grounds are on 39e ,276b and also in country appeal right, so now not sure what i gonna received !!!! just waiting for the decision.

kumar123456
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Re: ILR 10 years lawful resident continue and section 39e

Post by kumar123456 » Thu Nov 28, 2019 4:53 pm

Despite the warning from the Court of Appeal, the new Long Residence Guidance published for Home Office staff on 28 October 2019https://assets.publishing.service.gov.u ... 6.0ext.pdf maintains the long-standing application of paragraph 276B. For example, on page 16 it states under ‘Gaps in lawful residence’:

You may grant the application if an applicant:

has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days where those gaps end before 24 November 2016
has short gaps in lawful residence on or after 24 November 2016 but leave was granted in accordance with paragraph 39E of the Immigration Rules
meets all the other requirements for lawful residence
The examples of gaps in lawful residence are also helpful:

Example 1
An applicant has a single gap in their lawful residence due to submitting an application 17 days out of time. All other applications have been submitted in time, throughout the 10 years period.

Question Would you grant the application in this case?

Answer Grant the application as the rules allow for a period of overstaying of 28 days or less when that period ends before 24 November 2016

Example 2
An applicant has 3 gaps in their lawful residence due to submitting 3 separate applications out of time. These were 9, 17 and 24 days out of time. Question Would you grant the application in this case?

Answer Yes. Grant the application as the rules allow for periods of overstaying of 28 days or less when that period ends before 24 November 2016.

Still with updated guidance, if the Home Office apply their own guidance, gaps of overstaying where applications were made no more than 28 days out of time pre-24 November 2016, or 14 days after that date if 39E applies, should not break the lawfulness of the continuous residence.

It is completely unfair to refuse some people without considering policy guidance and granting others with same long lasting practice as per policy guidance

Sunny024
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Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Wed Dec 04, 2019 5:29 pm

Hope This issue will be challenged in Supreme Court

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Re: ILR 10 years lawful resident continue and section 39e

Post by zimba » Wed Dec 04, 2019 6:52 pm

Sunny024 wrote:
Wed Dec 04, 2019 5:29 pm
Hope This issue will be challenged in Supreme Court
The view is that the overstaying period ignored under 39E will not count as lawful residence unless you managed to regularise your stay. So if on the day of your SET(LR) you are not within 28 days of completing 10 years of lawful residence, time waiting as an overstayer for SET(LR) to be decided cannot be considered part of the lawful period required towards your SET(LR). This would have been different if you were waiting instead while having section 3C.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Malik's
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Re: ILR 10 years lawful resident continue and section 39e

Post by Malik's » Sun Dec 08, 2019 1:49 am

Sunny024 wrote:
Tue Oct 29, 2019 12:18 pm
no update
Hello sunny and others,
I am new in this page and I in the same situation. I been to my solicitor that after the mosum Ahmed decision how we can tackle this situation.
He advised me if we find out when rule 276B considered in parliament from Hansard report ?
If we find out than we can challenge the decision because the all purpose of rule written there.the court and home office current interpretation of this rule can be wrong if we find out actual discussion of this rule .
My solicitor told me that it is an intensive research and can take high amount of time and he's very busy . He advised me to speak and get helpfrom law students in universitiess or from national pro bono centre.
Please every body try this and share the information.

Sunny024
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India

Re: ILR 10 years lawful resident continue and section 39e

Post by Sunny024 » Sun Dec 22, 2019 12:27 pm

Thanks

Any update on Ahmads PTA at COA?

Ports
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Re: ILR 10 years lawful resident continue and section 39e

Post by Ports » Thu Jan 02, 2020 2:56 pm

REM12 wrote:
Tue Nov 05, 2019 8:52 pm
Ports wrote:
Tue Nov 05, 2019 7:26 am
REM12 wrote:
Sun Oct 06, 2019 5:32 pm
HELLO xes... mine is back to ho for reconsideration. mine jr is about certified n 276b so lets see what they gonna do.just waiting
Dear REM12,
Can I Please clarify that your case was a JR permission hearing on 02 October??? You did not have AR from HO??? when you say 276B, is this involve 10 year Long residency & 39E ???? (whether you applied 14 days after AR exhausted and varied to ILR ????)
Did the judge ask HO to reconsider it at the Permission hearing???? Please let me know the details.
Thanks
HELLO PORTS,
act my case is also same like ur1. tier1 refused n admin review also refused so 3c stops. within 14 days applied flr lr than vary to set lr. its for 10 years long residency and refused on same as out of time application and junaid ahmed case law with no appeal right. applied jr paper hearing refused so on permission oral hearing day, HO withdraw the case ,so no hearing and told they gonna reconsider n give fresh decision within 90 days. my grounds are on 39e ,276b and also in country appeal right, so now not sure what i gonna received !!!! just waiting for the decision.
Hi REM12,
Happy New year!! Have you heard from HO??? I wonder whether you could let me know the JR number??? Thanks

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