NWe won our appeal for ILR... now what.?

DorsetD · Post by **DorsetD** » Sun Jul 26, 2015 2:43 pm

I flew into the UK with my partner and our child last year. I'm a British passport holder and so is my daughter, my partner however is Canadian. We applied to change the visa from a visitors visa to ILR and were refused. We then appealed against that decision and won the appeal on human rights grounds.The HO now has 14 days to challenge that ruling, can anybody tell me if that means 14 days from the day I received the letter or 14 days from the date of the ruling.?

Post by **secret.simon** » Sun Jul 26, 2015 5:07 pm

I would be very surprised if the Home Office does not challenge this decision.

From the details that you have provided, you have managed to short-circuit the entire spouse visa process. It typically is a 5 years process and have very tough conditions (you must earn £18,600 per year and must prove accommodation, etc). If you have short-circuited the process on human rights grounds, that will open the floodgates of spouse migration into the UK.

I believe that they have to challenge the decision within 14 days of the decision being made (date of the ruling).

DorsetD · Post by **DorsetD** » Sun Jul 26, 2015 5:32 pm

We made enough money, our case was complicated but our success had a lot to do with our child's well being (among other things). We'll see if they challenge it.... Our case was dismissed according to the rules but we won on human rights grounds.
So when does this 14 day period start.? When the ruling is signed or when we get it.?

Post by **secret.simon** » Sun Jul 26, 2015 5:37 pm

secret.simon wrote:I believe that they have to challenge the decision within 14 days of the decision being made (date of the ruling).

DorsetD · Post by **DorsetD** » Sun Jul 26, 2015 5:38 pm

secret.simon wrote: I believe that they have to challenge the decision within 14 days of the decision being made (date of the ruling).

Sorry... I didn't read that correctly the first time... from the date of the ruling huh.? good news, cheers

Post by **Obie** » Sun Jul 26, 2015 5:38 pm

The OP won on Human Right outside the rules and not on the basis of eligibility for ILR.

Therefore, provided there is no error in tje reasoning of the judge, it is highly if such challenge will make it through.

Winning on Article 8 does not mean the op can get ILR . The UKVI will determine the appropriate leave that will be granted to give effect to the judges determination.

DorsetD · Post by **DorsetD** » Sun Jul 26, 2015 5:47 pm

Obie wrote:The OP won on Human Right outside the rules and not on the basis of eligibility for ILR.

Therefore, provided there is no error in tje reasoning of the judge, it is highly if such challenge will make it through.

Winning on Article 8 does not mean the op can get ILR . The UKVI will determine the appropriate leave that will be granted to give effect to the judges determination.

Yes, that sounds correct to me (from what our lawyers told us). I will keep you updated as to our progress, thanks for the help.

DorsetD · Post by **DorsetD** » Mon Nov 09, 2015 8:30 am

The HO tried to appeal but were turned down, it took 15 months from start to finish but we've won. One thing I would say is after all the discussion, laws, paperwork etc etc the thing that really mattered in our case was a sympathetic judge, not something you can plan for.

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NWe won our appeal for ILR... now what.?

NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?

Re: NWe won our appeal for ILR... now what.?