Am I legal resident now?

Hi everyone

I am just making a new post to make the situation clearer and to help those in same situation,

Been in UK almost 8 years and been over stay over 3 years.

1)Applied for discretionary leave FLR(O) in July 2011, on the basis of EU unmarried partner while were living 2ogather 1.5 years with proof on papers.

2)EU partner working full time

3)Aug 2011 application refused with No right of Appeal.

4)Nov 2011 Requested home office to serve a notice to remove so we could have a Right of Appeal.

5)Nov 2012 notice of Removal had been served with the Right of Appeal.
Dec 2012 been to court for Oral hearing.

6)Jan 9 2013 received court decision, Appeal Allowed , with the following last paragraph of determination,

“ I am therefore minded to allow this appeal following the guidance in the case of MF and arriving at the conclusion that the Appellants removal would constitute a breach of his family and private life under Article 8 of the ECHR. Such breaches would also incorporate the rights of the appellant’s partner and adopted son and that his removal under all the circumstances would be disproportionate under all the circumstances and it is therefore for this reason that I allow the Appeal ”

Decision : I allow the Appeal.

21 Jan 2013 made a call to Tribunal Office to check if home office has decided to challenge the decision and been told that home office did not challenge the court decision.

I wanted to know, since there are no directions given in the determination so in this scenario,

1) Am I legal resident now?

2) What kind of Leave would be granted (3 year DL or 2.5 DL)?

3) After how long home office will contact us to send passport to stamp visa?

4) 5 working days limit is over now to challenge the court decision, can home office still challenge the decision ?

We would be so grateful to received any information.

Thank you all so much in advance.

Irfan

1. No not until you have been granted leave.
2. 2.5 years under the 10 year family life route
3. How long is a piece of string- it varies. If it takes for than a few months you can challenge the delay. You should write to the department who refused you with a copy of the determination and ask them to implement it.
4. Only if they ask for an extension of time and this is granted.

Thank you so much, your answer helped a lot.

thanks again.
irfan