ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

T1(G) ILR refused JR pending - can I switch to FLR in coutry?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by masterpeas » Wed Apr 10, 2019 10:19 pm

Will appreciate some thoughts on my option please with my background as below:

applied for ILR premium: Jan 2017
Refused on paper: Mar 2017
Refused AR: Jul 2017
Appealed again on AR and refused again: Aug 2017
Reached 10 years continuous stay Sep 2017 (sadly section 3c ended)
JR put on held: Oct 2018
awaiting other similar cases to be decided on the Court of Appeal dated 22 Jan 2019.

So far no news at all on the internet regarding this matter. Does any one know when COA will publish their decision and any bound deadline??

Also i am married with family here, wondering if i can switch to FLR in country and what are the strength or weakness?

Husband got his ILR: Dec 2017
1 Child was born in UK and now British citizen

Please advise as i feel my life has been hanging in the air without any light.....

Highly appreciate any advice. Grateful!

User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by zimba » Thu Apr 11, 2019 2:49 am

There is no switching as you do not have any valid leave. You may be able to apply in the UK under FLR(FP) which is the 10 year partner route given your circumstances.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by masterpeas » Sat Apr 13, 2019 12:01 am

Thanks a lot for your reply Zimba.

So from risk, time and costs perspective, its best to continue waiting till the result of court of appeal, then i can go for further appeal and also apply in country or from outside of the country (shorter route 5 year) to become spouse dependant, right??

User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by zimba » Sat Apr 13, 2019 1:47 pm

Your continuous stay is broken as it looks. FLR(FP) might be offered if your appeal process is successful
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by masterpeas » Mon Apr 15, 2019 10:49 pm

Hello Zimba,

My understanding is that if my appeal is successful, i should get ILR straight away :shock:

what did you mean that FLR may be offered if appeal succeed?? sorry confused. :?

thanks a lot.

it seems this topic is getting less attention now... less comments on the forum now. :|

User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by zimba » Mon Apr 15, 2019 11:51 pm

Tier 1E ILR can only be granted if JR succeeds and HO is found to have refused your application unlawfully (minority of cases)
ILR under long residence is not possible.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by masterpeas » Tue Apr 16, 2019 8:37 pm

Zimba wrote:
Mon Apr 15, 2019 11:51 pm
Tier 1E ILR can only be granted if JR succeeds and HO is found to have refused your application unlawfully (minority of cases)
ILR under long residence is not possible.
My title is about Tier 1 (G), does your comment still apply?? :| you make me more confused now...

User avatar
CR001
Moderator
Posts: 86953
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by CR001 » Tue Apr 16, 2019 9:09 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: T1(G) ILR refused JR pending - can I switch to FLR in coutry?

Post by masterpeas » Tue Apr 16, 2019 9:44 pm

:P thank you!!!

whats your understanding on this decision as a guru on this subject? it sounds to me that COA allowed appeal and now UT need to review the cases again with fair judgement on the dishonesty with "testing procedures", does this mean the battle will continue further? it depends on what responses HO will bring up later?

How to understand this is a WIN for all?

Locked
cron