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waiting for hearing

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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abbashassan
Newly Registered
Posts: 15
Joined: Sat May 20, 2017 5:34 pm

ILR on basis of 10 years

Post by abbashassan » Sun Aug 20, 2017 10:07 pm

hi everyone, can any senior member please advice regarding my case,

I applied ILR on basis of 10 years, 6 month before my 10 years were completing. HO refused my application and said you at the time of decision have completed only 9 years and 9 months so you don't qualify.
they have given me right of appeal as well because I think I mentioned human right claim as well because when I submitted my ILR application my wife was on discretionary leave. I lodged appeal on time.

My circumstances have changed since waiting for appeal, wife got ILR and my 10 years also completed.
what is the best option for me know
1)shall I go for hearing? does court consider circumstances at the time of hearing as well or only consider HO decision at that time.
2) shall I out new application of ILR.
3)apply spouse visa.

abbashassan
Newly Registered
Posts: 15
Joined: Sat May 20, 2017 5:34 pm

waiting for hearing

Post by abbashassan » Tue Aug 29, 2017 12:29 pm

Hi there,
I have a situation in case anyone can help Please,
Applicant made an in time application on basis of human right because wife had discretionary leave.
HO refused with right of appeal, Appeal was also refused from first tribunal and permission to upper tribunal also given. Upper tribunal also refused and applicant got letter to leave country within 28 days and it was before Nov 2016. (section 3c ended)
New application submitted within 28 days on basis of long residence 276B & also on basis of private and family life 276ADE (1). Application refused because at time of decision applicant had completed only 9 years and 6 months not 10 years. Application was considered valid because of 276A0. (For the purposes of paragraph 276ADE (1) the requirement to make a valid application will not apply when the Article 8 claim is raised). Right of appeal was also given and appeal made on time.
Now by the time applicant will go for hearing he has completed 10 years. This has raised some question like shall he put fresh application on basis of 10 years or shall he wait and go for hearing.
Will appreciate if someone can help please

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