Long Residence (10 years) SET (LR) applications

Kay2323 wrote: ↑

Tue Oct 24, 2017 10:56 pm

mickey007 wrote: ↑

Sun Oct 22, 2017 1:02 pm

Hi All,

Has anyone(SET(LR) applicant) received ILR in 2017 with tax amendments in the past?
Kindly share your application details?

Also anyone who were refused due to tax amendments, please share their story as well?
What were refusal grounds?
what they did after refusal?
What was the outcome of judicial review, appeal or admin review?

I look forward to hearing from the friendly members here.

Best Regards
Mick

Hi Mickey,

I am in a same situation. First application was premium for Set LR in August 2016. Refused due to amendments in 2010-2011.

Reapplied September 2016 by post
Got amendments done with HMRC in 5 months and paying in Instalments
Till May received auto replies from UKVi. Since then no interview letter, No questioner, no complex letter nothing what so ever.
Involved MP in First week of September but no reply from MP as well and pending more then 13th months......Seriously it has become like a virtual prison, cant change job, wife cant work, cant get 15 hrs free early education for my 21 months old toddler....Well i understand those taxes were supposed to be submitted in that particular year but is HO going to penalise us for it though HMRC accepted it and we understood our mistakes and suffered so far. Sometimes really wonder was it worth living on this island for more then 11 years and still treated as immigrants.

Guys, anybody got any updates please spare few minutes......

I understand your frustration and agitation around this matter i think we need to vent our concerns through our MP's in to parliament. There are 5000 applicants sitting for JR's and thats a substantial number... HO has been deceitful and hostile in their treatment towards applicants. Who decides the window of tax amend for T1 visa holders to be FEB 2015 ?HMRC dont have any restrictions published anywhere to state that no more amends will be accepted from anyone after this many years, also HO has been deceitful in not publishing and denouncing these timelines before hand so all individuals can check their tax matters ... in na nut shall it was a trap and exploited to full extend. Only way to raise this is to raise it in parliament on how HO is treating applicants, APRIL 2018 is the deadline for T1 10 yr cases.

Lets get in touch with our MPs requesting them to put a discussion in parliament on how HO and HMRC are conflicting.

Hope and wish you good luck!

Sam00000 wrote: ↑

Wed Oct 25, 2017 10:44 am

CR001 wrote: ↑

Wed Oct 25, 2017 8:51 am

Sam00000 wrote: ↑

Wed Oct 25, 2017 8:26 am

Hi guys.

I'm going to apply Ilr next month and booked the appointment in Liverpool 22.11.2017.
I just wanted to know can I use my B1 language certificate which is already expired but used it twice to get Flrm visa 3 years ago and 6 months ago?

Many thanks for your help.

Are you applying for ILR based on 10 years long residence or 5 years spouse visa?

10 yrs long residency

Any suggestions guys?

wahabishtiaq wrote: ↑

Wed Oct 25, 2017 1:10 pm

Kay2323 wrote: ↑

Tue Oct 24, 2017 10:56 pm

mickey007 wrote: ↑

Sun Oct 22, 2017 1:02 pm

Hi All,

Has anyone(SET(LR) applicant) received ILR in 2017 with tax amendments in the past?
Kindly share your application details?

Also anyone who were refused due to tax amendments, please share their story as well?
What were refusal grounds?
what they did after refusal?
What was the outcome of judicial review, appeal or admin review?

I look forward to hearing from the friendly members here.

Best Regards
Mick

Hi Mickey,

I am in a same situation. First application was premium for Set LR in August 2016. Refused due to amendments in 2010-2011.

Reapplied September 2016 by post
Got amendments done with HMRC in 5 months and paying in Instalments
Till May received auto replies from UKVi. Since then no interview letter, No questioner, no complex letter nothing what so ever.
Involved MP in First week of September but no reply from MP as well and pending more then 13th months......Seriously it has become like a virtual prison, cant change job, wife cant work, cant get 15 hrs free early education for my 21 months old toddler....Well i understand those taxes were supposed to be submitted in that particular year but is HO going to penalise us for it though HMRC accepted it and we understood our mistakes and suffered so far. Sometimes really wonder was it worth living on this island for more then 11 years and still treated as immigrants.

Guys, anybody got any updates please spare few minutes......

I understand your frustration and agitation around this matter i think we need to vent our concerns through our MP's in to parliament. There are 5000 applicants sitting for JR's and thats a substantial number... HO has been deceitful and hostile in their treatment towards applicants. Who decides the window of tax amend for T1 visa holders to be FEB 2015 ?HMRC dont have any restrictions published anywhere to state that no more amends will be accepted from anyone after this many years, also HO has been deceitful in not publishing and denouncing these timelines before hand so all individuals can check their tax matters ... in na nut shall it was a trap and exploited to full extend. Only way to raise this is to raise it in parliament on how HO is treating applicants, APRIL 2018 is the deadline for T1 10 yr cases.

Lets get in touch with our MPs requesting them to put a discussion in parliament on how HO and HMRC are conflicting.

Hope and wish you good luck!

I agree with you all. The delay in decision clearly show they do not have firm ground to refuse the application and playing delaying tactics. Just like mentioned we spent 11 year in this country legally and now at the end we now living without passport and visa in virtual prison.

I am going to my MP now with the copy of letter my employer sent HO explaining they need me to travel. Its been 2 weeks no reply and no online status update. Although i submitted questioner and details of my amendments to them in September.

We should all go to our MPs to ask them to raise this in parliament and make HO accountable for the unjustified delay.

Please keep sharing your updates here so we all know progress of these application and help each other in this difficult time.

UNFORTUNATELY, there seems to be more wait..

‪Upper Tribunal's judgments in Judicial Reviews concerning Rule 322(5) (discrepancy in the income declared to HMRC for tax purpose, etc). JR dismissed in below:

R (Parveen and Saleem) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 02016.html.
R (Kamal) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 72016.html.
R (Samant) v SSHD: http://www.bailii.org/…/cases/UKAITUR/2 ... 016.html.‬

I went through the following

R (Parveen and Saleem) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 02016.html.
R (Kamal) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 72016.html.

Its look both arguments from the respondent Representative look similar and accountants mistake not considered


Now

From applicants may consider that

1. there was no policy guidance noticed according to 245CD the correction of errors or re submission tax return will not take place , even the points based calculation and the genuine earning test beside even gerneral grounds of refusals

2. Further more the Immigration Act 1971 or 2014 may not indicate that , any points regards to the tax return corrections matters or migrant does not have this facility or HMRC view not included when taking SSHD decision

3. So its contradict the Equality Act 2006 and 2010 and there may no any provision that Immigration Act 1971 or 2014 overruled Equality Act 2006 and 2010 .

So if you guys proof all these 3 links the above 3 points then these cases may have a good light in the court of appeal

Thanks for sharing, any cases which went successful ? any enlisting of those cases on UKBAILII ? Please share.

pusm wrote: ↑

Thu Oct 26, 2017 7:36 am

I went through the following

R (Parveen and Saleem) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 02016.html.
R (Kamal) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 72016.html.

Its look both arguments from the respondent Representative look similar and accountants mistake not considered


Now

From applicants may consider that

1. there was no policy guidance noticed according to 245CD the correction of errors or re submission tax return will not take place , even the points based calculation and the genuine earning test beside even gerneral grounds of refusals

2. Further more the Immigration Act 1971 or 2014 may not indicate that , any points regards to the tax return corrections matters or migrant does not have this facility or HMRC view not included when taking SSHD decision

3. So its contradict the Equality Act 2006 and 2010 and there may no any provision that Immigration Act 1971 or 2014 overruled Equality Act 2006 and 2010 .

So if you guys proof all these 3 links the above 3 points then these cases may have a good light in the court of appeal

***Update***

I have varied my ILR application from SET(O) to SET(LR) yesterday - 23 August 2016

MY ILR timeline-

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 23 August 2016
Application Received: 24 August 2016
Payment deducted: **Application Varied**
Automated emails received: Not Received
Acknowledgement/BRP letter received : Not Received
BRP Done : 5 September 2016
Letter Received - 10 February 2017- Complex Issue Letter received - Case cannot be decide in 6 months
Letter Received - 03 May 2017 - To complete and return attach Questionnaire, and also to provide SA302 and Tax Year Overview for the time of Tier 1 extension
Questionnaire Form, SA302's and Tax Year Overview sent - 01/06/2017
Contacted MP – 01/10/2017
ILR approval letter received:
BRP received: 27/10/2017

After the gruesome 15 months of waiting with no certainty of getting a visa, this morning I have received the most awaited letter of my lifetime …The Biometric card. Finally, this long wait is over now after living with the nightmares juggling with my professional and personal lives…
I have recently contacted my MP on the advice of one of my friend, and after 3 weeks of contacting I have received the approval letter, so maybe because of the MP’s interference things get escalated but anyways it’s all done & dusted !!!
I would like to thank everybody in the forum for their valuable advice.

lad 14 wrote: ↑

Fri Oct 27, 2017 11:48 am

***Update***

I have varied my ILR application from SET(O) to SET(LR) yesterday - 23 August 2016

MY ILR timeline-

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 23 August 2016
Application Received: 24 August 2016
Payment deducted: **Application Varied**
Automated emails received: Not Received
Acknowledgement/BRP letter received : Not Received
BRP Done : 5 September 2016
Letter Received - 10 February 2017- Complex Issue Letter received - Case cannot be decide in 6 months
Letter Received - 03 May 2017 - To complete and return attach Questionnaire, and also to provide SA302 and Tax Year Overview for the time of Tier 1 extension
Questionnaire Form, SA302's and Tax Year Overview sent - 01/06/2017
Contacted MP – 01/10/2017
ILR approval letter received:
BRP received: 27/10/2017

After the gruesome 15 months of waiting with no certainty of getting a visa, this morning I have received the most awaited letter of my lifetime …The Biometric card. Finally, this long wait is over now after living with the nightmares juggling with my professional and personal lives…
I have recently contacted my MP on the advice of one of my friend, and after 3 weeks of contacting I have received the approval letter, so maybe because of the MP’s interference things get escalated but anyways it’s all done & dusted !!!
I would like to thank everybody in the forum for their valuable advice.

Hi Lad,
Congrats on your ILR approval. Glad to hear your good news.
Could you please let us know did you have any Tax amendments in the past?
Regards
Mick

mickey007 wrote: ↑

Fri Oct 27, 2017 12:06 pm

lad 14 wrote: ↑

Fri Oct 27, 2017 11:48 am

***Update***

I have varied my ILR application from SET(O) to SET(LR) yesterday - 23 August 2016

MY ILR timeline-

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 23 August 2016
Application Received: 24 August 2016
Payment deducted: **Application Varied**
Automated emails received: Not Received
Acknowledgement/BRP letter received : Not Received
BRP Done : 5 September 2016
Letter Received - 10 February 2017- Complex Issue Letter received - Case cannot be decide in 6 months
Letter Received - 03 May 2017 - To complete and return attach Questionnaire, and also to provide SA302 and Tax Year Overview for the time of Tier 1 extension
Questionnaire Form, SA302's and Tax Year Overview sent - 01/06/2017
Contacted MP – 01/10/2017
ILR approval letter received:
BRP received: 27/10/2017

After the gruesome 15 months of waiting with no certainty of getting a visa, this morning I have received the most awaited letter of my lifetime …The Biometric card. Finally, this long wait is over now after living with the nightmares juggling with my professional and personal lives…
I have recently contacted my MP on the advice of one of my friend, and after 3 weeks of contacting I have received the approval letter, so maybe because of the MP’s interference things get escalated but anyways it’s all done & dusted !!!
I would like to thank everybody in the forum for their valuable advice.

Hi Lad,
Congrats on your ILR approval. Glad to hear your good news.
Could you please let us know did you have any Tax amendments in the past?
Regards
Mick

Thanks Mick

No i did not have any Tax Amendments, but i paid the tax in instalments.

Regards

pusm wrote: ↑

Thu Oct 26, 2017 7:36 am

I went through the following

R (Parveen and Saleem) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 02016.html.
R (Kamal) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 72016.html.

Its look both arguments from the respondent Representative look similar and accountants mistake not considered


Now

From applicants may consider that

1. there was no policy guidance noticed according to 245CD the correction of errors or re submission tax return will not take place , even the points based calculation and the genuine earning test beside even gerneral grounds of refusals

2. Further more the Immigration Act 1971 or 2014 may not indicate that , any points regards to the tax return corrections matters or migrant does not have this facility or HMRC view not included when taking SSHD decision

3. So its contradict the Equality Act 2006 and 2010 and there may no any provision that Immigration Act 1971 or 2014 overruled Equality Act 2006 and 2010 .

So if you guys proof all these 3 links the above 3 points then these cases may have a good light in the court of appeal

I noticed in all these cases the applicant applied for ILR as Tier 1 General and not SET(LR) 10 year.
I believe as Tier General applicant your application is totally based on yoru 5 years Income and employment history.

While in SET(LR) you main reason for ILR is your lawful 10 year residence. I understand they can question employment history.

So i am not sure where the 10 Year resident stand in terms of tax amendments.

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:07 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 10:44 am

CR001 wrote: ↑

Wed Oct 25, 2017 8:51 am

Sam00000 wrote: ↑

Wed Oct 25, 2017 8:26 am

Hi guys.

I'm going to apply Ilr next month and booked the appointment in Liverpool 22.11.2017.
I just wanted to know can I use my B1 language certificate which is already expired but used it twice to get Flrm visa 3 years ago and 6 months ago?

Many thanks for your help.

Are you applying for ILR based on 10 years long residence or 5 years spouse visa?

10 yrs long residency

Any suggestions guys?

Please someone help me as my appointment is close.
Some people saying I don't have to exam again but some other saying because I'm applying for different route ( 10yrs and not 5 yrs spouse ) I have to proof a valid qualification.

Sam00000 wrote: ↑

Sat Oct 28, 2017 2:14 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:07 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 10:44 am

CR001 wrote: ↑

Wed Oct 25, 2017 8:51 am

Are you applying for ILR based on 10 years long residence or 5 years spouse visa?

10 yrs long residency

Any suggestions guys?

Please someone help me as my appointment is close.
Some people saying I don't have to exam again but some other saying because I'm applying for different route ( 10yrs and not 5 yrs spouse ) I have to proof a valid qualification.

HI
I believe you need a valid certificate and it should be in date.

eoo10 wrote: ↑

Sat Oct 28, 2017 6:24 pm

Sam00000 wrote: ↑

Sat Oct 28, 2017 2:14 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:07 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 10:44 am

10 yrs long residency

Any suggestions guys?

Please someone help me as my appointment is close.
Some people saying I don't have to exam again but some other saying because I'm applying for different route ( 10yrs and not 5 yrs spouse ) I have to proof a valid qualification.

HI
I believe you need a valid certificate and it should be in date.

But in the HO site saying "u can use the run out one if it was accepted for another uk immigrations application"

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 12:21 pm

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

smir wrote: ↑

Mon Oct 30, 2017 2:08 pm

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 12:21 pm

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Hi Smir,

Nice to hear you received ur ILR.
Could you please let us know, what was your visa status before you applied for ILR, also did you have any tax amendments?

smir wrote: ↑

Mon Oct 30, 2017 2:08 pm

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 12:21 pm

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

WA SALAAM Bro
Thanks for the response. It is really something which i need in this time of patience.
Three months will be completed on 7th of November.
INSHALLAH will get good positive results.

I received before 2 years


I had no tax problem


I was not on HSMP


I was student plus PSW

mickey007 wrote: ↑

Mon Oct 30, 2017 5:11 pm

smir wrote: ↑

Mon Oct 30, 2017 2:08 pm

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 12:21 pm

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Hi Smir,

Nice to hear you received ur ILR.
Could you please let us know, what was your visa status before you applied for ILR, also did you have any tax amendments?

Fami0321 wrote: ↑

Mon Mar 20, 2017 9:12 pm

Hi everyone
My timeline is as follow
Set lr application made 30 Aug 2016
Biometric done 22 September 2016
Then no correspondence with home office

I rang once I completed 6 months but they said wait wait wait

On 9 march 2017 my mp sent letter to home office asking them why is it late and roughly how long more

Today I received call from home office confirming my application has been approved and I can go to pick up my documents tomorrow morning

Hope that' helps( I suggest everyone who is waiting for more then 6 months to get involve their mp )
Good luck everyone

Hi,

I am also waiting for my Sel (lr) application. today, I have completed my 6 months waiting time. what do you suggest?

Also I received call yesterday from Swansea number. I couldnt attend it. do you think it was from HO.

waiting for your reply.

Thanks.

saahib_ali wrote: ↑

Fri Oct 13, 2017 12:21 pm

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Hi ,

Did you hear from the HO yet ?
My application and appeal history is the same like Yours , and i received the letter from HO that they will implement the Judge’s decision soon but then I received a letter to pay IHS £500.And it looks like they will give a DL instead of ILR

Emash wrote: ↑

Thu Nov 02, 2017 5:47 pm

saahib_ali wrote: ↑

Fri Oct 13, 2017 12:21 pm

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Hi ,

Did you hear from the HO yet ?
My application and appeal history is the same like Yours , and i received the letter from HO that they will implement the Judge’s decision soon but then I received a letter to pay IHS £500.And it looks like they will give a DL instead of ILR

Hi Emash
I have not yet heard from HO. It has been almost three months since my appeal was allowed .
Last letter i received from HO was similar like yours in which they said that they implement the court decision ASAP.
What is your timeline?

Hi saahib,

Thanks for your reply .
My appeal was heard on 5th of july and decision received on 12th of july .
And HO letter received for ILR implementation on 4th of september and then received a letter to pay IHS on 4th of october

Emash wrote: ↑

Fri Nov 03, 2017 9:31 am

Hi saahib,

Thanks for your reply .
My appeal was heard on 5th of july and decision received on 12th of july .
And HO letter received for ILR implementation on 4th of september and then received a letter to pay IHS on 4th of october

Hi Emash
Yes, your situation is very much similar to me. I got a letter from HO on 27/09/2017 saying they will implement the court decision asap just like you received it. After that i have not heard anything yet.
waiting restlessly and hoping for the best.
Your case is ahead of me by couple of weeks. Wish you best of Luck! hope you will get your visa soon.

Thanks saahib,

But the problem is they are trying ti give me limited leave to remain whereas my application and appeal was allowed for ILR.
I’m worried

Hi saahib_ali,

My solicitor just called me and informed that they have received my BRP card with 2.5 years visa . They did not give me ILR .

Hello everyone, I've been a silent reader of this forum, and it will be selfish of me not to share my good news. You never know who may benefit from your testimony.

The people that may benefit more from my testimony are those who are using their derivative right of residence to apply for ILR on the basis of 10 years long residence in the UK.

Here is my story;

My wife was first granted leave to remain as the primary carer of our EU minor son under the defunct paragraph 257C of the Immigration Rules in September 2008. I was on another leave at the time and separate from my wife and son, but my subsequent renewal of that leave was not successful and I became an overstayer around 2009.

I made a fresh application as the father of my son who, as I mentioned earlier, was already exercising his treaty rights as a self-sufficient child. By the end of 2010, I was granted limited leave in line with the rest of my family.

In October 2011, our son was granted a document certifying permanent residence as we were able to prove that despite my wife being granted her first leave in 2008, our son was actually exercising his treaty rights way earlier than that. Our EU son who is still a minor completed 10 years as a qualified person in the UK in October 2016.

From that October, we started the journing of Life in the UK test and the English test and by April 2017, we passed all the aforementioned.

Timeline for ILR under the 10 year long residence route are:

Application posted (two separate application in one large parcel) first week of April 2017

Biometric letter first week of May 2017

Then the monthly email stuff.

On 16 October, we were refused. Reasons are my wife was first granted leave in 2008 and myself 2010, and therefore we have not had lawful leave for 10 unbroken years. Reference was made to paragraph 276b (i)(a).

We knew this was a mistake on their part because a person with a derived right of residence does not need a derivative residence card to make his presence lawful. So, We wrote a polite letter on 26 October 2017 to the caseworker at Liverpool to remind him that for the fact that our son was granted a document certifying permanent residence in October 2011, legally means he had been a qualified person since at least October 2006, consequently, as he is the source of our rights, we too have had our continuous right of residence since the same time even though we were not actually granted leave until 2008 and 2010 respectively. We also sent a letter before action to their office in Middlesex.

Guess what folks??? We both received our approval letter for Indefinite leave to remain yesterday, saying the Biometric cards will follow under a separate cover.

We are so grateful to our Lord Jesus Christ, no lawyer we did everything by ourselves.

By the way the online application checker is showing 'Decided' and we are yet to receive a response to our JR threat, but who cares as long as the remedy we sought has been done.

Thank you to everyone on this forum.