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T1 dependent visa refused19aug14 appeal allowed

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

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Evicra
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Home office not replying . won appeal in March 2017

Post by Evicra » Tue Jun 12, 2018 3:44 pm

dear gurus. i sent this letter below about 2 times to HO but i have recvied no reply. its been around 4 years and still home office is not wiling to release my faimly documents. can please some one suggest what should i do.

To,
Post Decision Casework Unit
Home Office
PO Box 3468
S3 8WA
Date: 29-05-2018
Home Office Reference: xxxx
Case ID: xxxx

Dear Sir/Madam,
On 19 August 2014 i made combined application for leave to remain in United Kingdom as the partner of a Tier 1 Migrant under the Point based system for biometric permit through premium service.
Our combined application was refused with right of appeal after 13 months in October 2015.
.After along waiting process of appeal in court of appeal I won the case in March 2017. In October 2017 I received a letter from Home office that immigration decision will be implemented as soon as possible. Now its been nearly 8 Months I have not received any update whatsoever.
I called many times to get update but i have been told that only way is to get in touch with you.
Plea
It has been around 4 years and I have not seen my parents since then. I am only daughter of my parents. My father had eye operation. His health is deteriorating every day. My mother is also not feeling well.
These all circumstances and wait has broken me down. This long delay and wait has cause a negative impact on my family life. I am mentally exhausted.my family life is affected a lot. These all delay in getting my documents back is taking a toll on me.
I sent one letter dated 21-05-2018 Tracking NO BU1000. but I received no reply till today
I attached my husband Tier 1 Entrepreneur permission Expiring 17-04-2020 for your kind view. Please send me my documents after process.
My Daughter 000 as her school holidays in July . i want to go and see my parents during these holidays. As after that it would be nearly impossible to go in near further.
Yours faithfully,
xxxx

Evicra
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Spouse dependent visa ILR -Main applicant T1 ent

Post by Evicra » Wed Jun 20, 2018 11:44 am

Respected members.
1 my spouse applied for T1 ent Dependent visa in Aug 2014 .
2. was refused with right of appeal in oct 2015.
3. appeal allowed in march 2017
4. still waiting immigration's judge decision implementation.

Question
does that mean my spouse is eligible for her ILr in Aug 2019 ( my T1 ent visa expires in april 2020.ILR due in march 2019)

please guide
best regards
A

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zimba
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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by zimba » Wed Jun 20, 2018 1:44 pm

What was the reason for refusal ? A PBS dependant can only get ILR when the main applicant either is eligible for ILR (applying together) or already got ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by CR001 » Wed Jun 20, 2018 1:46 pm

zimba88 wrote:
Wed Jun 20, 2018 1:44 pm
What was the reason for refusal ? A PBS dependat can only get ILR when the main applicant either is eligible for ILR (applying together) or aleday got ILR
Topics merged.
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.

Evicra
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Pakistan

Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by Evicra » Wed Jun 20, 2018 3:02 pm

CR001 wrote:
Wed Jun 20, 2018 1:46 pm
zimba88 wrote:
Wed Jun 20, 2018 1:44 pm
What was the reason for refusal ? A PBS dependat can only get ILR when the main applicant either is eligible for ILR (applying together) or aleday got ILR
Topics merged.
TOEIC based refusal.

Q. spouse 5 years ilr period will start after main applicant gets ILR eg. if main applicant gets ilr in 2019 spouse is eligible for ilr in 2024?

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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by zimba » Wed Jun 20, 2018 3:08 pm

You have to wait for the courts verdict.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Evicra
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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by Evicra » Wed Jun 20, 2018 4:14 pm

zimba88 wrote:
Wed Jun 20, 2018 3:08 pm
You have to wait for the courts verdict.
court has already allowed appeal in march 2017. and then home office appealed against it in upper tribunal which was refused by court.

is court again going to give decision about it. as we received not other instructions from court?

Evicra
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Home office allowed permisson to appeal

Post by Evicra » Wed Nov 07, 2018 11:09 am

hi.
my spouse appeal allowed in march 2017 then in oct 2017 home office requested for permission to UT but we didnt know til oct 2018 when we contacted UT. now home office is allowed permisson to appeal. i recived letter today.

any advice would help a lot
best regards
A

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zimba
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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by zimba » Wed Nov 07, 2018 4:06 pm

As advised before, you should follow the appeal process until a verdict is determined
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Evicra
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Not related to me but a question please

Post by Evicra » Sun Apr 21, 2019 9:16 pm

If a family won appeal on basis of human rights in a TOEIC/ETS and they get 2.5 year visa ,does it resets their 10 year clock?

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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by zimba » Sun Apr 21, 2019 9:40 pm

No If your section 3C continued during appeal
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Evicra
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Re: Spouse dependent visa ILR -Main applicant T1 ent

Post by Evicra » Mon Apr 22, 2019 11:05 am

thank you Zimba
my family situation is
Toeic appeal won in FTT MARCH 2017 ftt refused appeal to UT then in upper tribunal allowed appeal to UT

Deputy UT judge dissmissed SSHD appeal against my daughter but set aside decisoin OF FTT.and instructed us to remit case again to FTT.so we are gack again where we were in first place.

strange thing is that even appeal of SSHD against my daughter was dissmised by UT but she still got hearing date with my wife on june 18 2019

Evicra
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T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Tue Jul 09, 2019 9:49 pm

Hi members
My wifi applied for t1 dependent visa 19 aug 2014 super priority service
After 13 momths
Refused in September 2015
Won appeal in FTT in jan 2017
Upper tribunal allowed home office appeal against judge decison in jan 2018 and remitted appeal for rehearing to FTT on the basis of
Material error of law
18 jun 2019 appeal was reheard
9 july 2019 appeal allowed again

That makes it roughly 4 years and 11 months on 18 july
If home office doesn't not challenge this decision
They doest wife stand a chance to apply for ILR on the basis of t1 dependant
May be a silly question but just thought to ask
Regards
A

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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Tue Jul 09, 2019 9:55 pm

No. She needs to have held a valid tier 1 dependent visa for 5 years.

What is her UK immigration history?

What were the reasons for refusal?
Char (CR001 not Casa)
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Tue Jul 09, 2019 9:59 pm

Useful to stick to an existing topic!!

Topics merged.
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.

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Tue Jul 09, 2019 10:06 pm

I tried to find it but failed
Thanks for posting it in right place

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Tue Jul 09, 2019 10:11 pm

CR001 wrote:
Tue Jul 09, 2019 9:55 pm
No. She needs to have held a valid tier 1 dependent visa for 5 years.

What is her UK immigration history?

What were the reasons for refusal?
She came to uk as student oct 2010
Then she was granted several LTR on tier 4 basis
She had valid ltr when applied for tier 1 dependent visa in aug 2014
Refused in oct 15 reason Toeic
9 july she won appeal second time

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Wed Jul 10, 2019 9:14 am

CR001 wrote:
Tue Jul 09, 2019 9:55 pm
No. She needs to have held a valid tier 1 dependent visa for 5 years.

What is her UK immigration history?

What were the reasons for refusal?
hi
if applicant wins an appeal against home office decision which was made abut 5 years ago,doesn't that make them rewrite the same decision that was taken in first place. burden was on HO to prove if deception was used but they failed to prove . so why would applicant be punished for HO'S mistake. it mean the time that was lost during all this appeal process will not be counted? this time was not lost because of applicant but because of HO.

i think there is something missing in all this. please if you could guide me in a bit details with reference of other case or law .
thanks
As

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Wed Jul 10, 2019 5:07 pm

Evicra wrote:
Wed Jul 10, 2019 9:14 am
CR001 wrote:
Tue Jul 09, 2019 9:55 pm
No. She needs to have held a valid tier 1 dependent visa for 5 years.

What is her UK immigration history?

What were the reasons for refusal?
hi
if applicant wins an appeal against home office decision which was made abut 5 years ago,doesn't that make them rewrite the same decision that was taken in first place. burden was on HO to prove if deception was used but they failed to prove . so why would applicant be punished for HO'S mistake. it mean the time that was lost during all this appeal process will not be counted? this time was not lost because of applicant but because of HO.

i think there is something missing in all this. please if you could guide me in a bit details with reference of other case or law .
thanks
As
isn't that the case that
HO must grant applicant leave to remain as its directed by the judge if the decision of judge is not being
challenged to overturn . if appeal is allowed then allowed appeal has automatically reversed original refusal?
if original decision of refusal is reversed then doesn't that mean the LTR will be counted from the time
it was refused ?

Evicra
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T1 dependent LTR/ILR child

Post by Evicra » Thu Jul 18, 2019 10:04 am

Hi members
My uk born daughter (MD) was 1 year and 8 months old when I applied for her Tier 1 Ent Dependent visa along with my spouse aug 19 2014. but instead of refusing only my spouse LTR on the basis of TOEIC they refused my daughter’s LTR too.

home office and Courts accepted that MD has nothing to do with this case and her appeal was allowed each and every time we went to fight this case in court. for a reason unknown to me, my daughter was dragged each and every time the case went to new court for hearing despite, she won appeal every time.

is there any law that can tie one applicant's refusal with another? e.g. if mother's T1 dependent is refused because of unsustainable allegation then daughter's T1 LTR should also be refused automatically?
Its going to be nearly 5 years MD’s LTR was not refused in first place she would have been eligible for ILR now. MD never had anything to do with TOEIC and she applied for a dependent visa on her father's T1 ent Basis

Evicra
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T1 dependent clarification

Post by Evicra » Mon Aug 12, 2019 9:14 am

Good morning members
would someone be kind enough to shed light on follwing please.
T1 dependent applied for visa in Aug 2014
LTR for that application was grangted as T1 dependent on 6 aug 2019
wating Period between Aug 2014 -aug 2019 (roughly 5 years ) be counted as T1 dependent?
Regards
A

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CR001
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Re: T1 dependent clarification

Post by CR001 » Mon Aug 12, 2019 9:31 am

Evicra wrote:
Mon Aug 12, 2019 9:14 am
Good morning members
would someone be kind enough to shed light on follwing please.
T1 dependent applied for visa in Aug 2014
LTR for that application was grangted as T1 dependent on 6 aug 2019
wating Period between Aug 2014 -aug 2019 (roughly 5 years ) be counted as T1 dependent?
Regards
A
What was the immigration status prior to applying in August 2014??

What were the reasons for a 5 year delay in granting a visa?
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.

Evicra
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Re: T1 dependent clarification

Post by Evicra » Mon Aug 12, 2019 11:44 am

What was the immigration status prior to applying in August 2014??
Tier 4

What were the reasons for a 5 year delay in granting a visa?
application refused after one year in sep 15 reason TOEIC with appeal right. appeal won twice and finaly got letter attched and brp
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Mon Aug 12, 2019 11:50 am

Then no, the person has not held a tier 1 dependent visa for 5 years.

Tier 1 dependent time starts from date the visa was issued. Time prior to that would have been under section 3c which means the tier 4 conditions were in place until the tier 1 Dep visa was issued.
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.

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Mon Aug 12, 2019 12:08 pm

even though if allegation were unfounded ?

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