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Busymum3 wrote: ↑Sun May 31, 2020 1:53 amSorry just read the HO decision letter there are error in the dates. See below actual chronological dates. They made an error on the date so they wrote her last week they they apologise and have now amended it.
17/09/2006 – my sister arrived in the UK on a student visa. LTE granted until 31/12/2009
- 04/11/2009 – made a Post study leave application, this was refused on 02/12/2009.
The refusal was the first wrongful one given that SSHD based the same on the alleged Basis that
her degree from Oral Roberts University was not acceptable.
(The same degree was subsequently certified by NARIC as a qualifying degree. However, this did not
affect her continuous lawful residence given that she still had existing leave to remain valid till
31/12/2009.
- 29/12/2009 – applied for extension of her leave under Tier 4. The application was granted
on 06/02/2010 until 31/05/2011.
- 30/05/2011 – applied for extension of her Student visa. Her application was refused on
15/06/2011 on the basis that she did not pass the English test however she had provided her
Degree Certificate from Oral Roberts University which was disregarded erroneously by the
SSHD (the effect of which meant she did not even need to have sat the English test) –
This formed the 2nd erroneous/unfair negative decision. She however exercised her appeal rights
which was lodged an in-time to the First Tier Tribunal.
- 05/09/2011- Her appeal was dismissed by the First Tier Tribunal. She exercised her right of appeal
by lodging an in-time appeal to the First Tier Tribunal for permission to appeal to the Upper
Tribunal.
- 28/09/2011 – First Tier Tribunal refused permission to appeal to the Upper Tribunal. She
again lodged an in-time appeal to the upper Tribunal for permission to appeal to the Upper Tribunal.
- 08/02/2012 - The Upper Tribunal refused permission to appeal. By operation of the Immigration Act,
NIAA and the Immigration and Asylum Tribunal Procedure Act, her lawful and continuous
stay in the UK carried on by virtue of s.3D from 15/06/2011 (refusal of her tier 4
extension/application by the SSHD) until 11/03/2012 (28 days after the Upper Tribunal refused her
permission application.
Her appeal rights (to the Court of Appeal) was
triggered by the refusal from the Upper, the deadline of which was 28 days from the date of
the Upper tribunal decision.
Following from the above, it is established that my sister s.3D leave was not exhausted until
11/03/2012.
However, she aborted her plans to appeal due to health challenges, and also given that
she became qualified under appendix FM and she chose to rather channel her funds and efforts towardsthe preparation /collation of necessary documentary evidence for the FM application which was lodged
using form FLR(FP) on 27/03/2012.
My sister therefore appears to have overstayed for a period of 16 days.
*************
However, given that this overstay period is less than 28 days, I think she's entitled to have the samedisregarded under paragraph 39E?? and the usual practice/policy of the SSHD.??
- 27/03/2012 - she later lodged her FLR(FP) application
- 22/04/2013 – SSHD initially refused the application (erroneously/unfairly) but subsequently acknowledged their error and withdrew the refusal decision on 25/03/2014 (after a Judicial Review application) .
This formed the 3rd erroneous refusal by the
SSHD. *** Please correct me if I'm wrong...
She needs help.
- 14/05/2016 – SSHD granted her application upon reconsideration. She was granted
leave to remain for 30 months until 14/11/2016.
It follows from the forgoing that her
application of 27/03/2012 made her residence in the UK lawful. Right??
from the same date (of the
application) till the grant of status on 14/05/2016 and her subsequent extension application thereafterhad been lawful and continuous given that that the decision granted her some leave (albeit not the desired one).
14/11/2016 – she applied for ILR on the basis of her 10 year Lawful residence of form
SET(LR). The SSHD however refused the same alleging that our client had made an application “fora reason not covered by the immigration rules…”. The SSHD chose rather to grant her
further 30months under the 10 yr route.
At the time of her case I think it's 3D.
That is not how the rules work. If FTT and UT saw no legal basis for her claims, this means the UKVI was correct as per rules in place when the decision was made. If UKVI later accepted such a degree (I am not sure maybe due to changes in the rules) then that does not mean the previous decision made is invalidated. Long residence is based on continuous lawful residence in the UK which she does not have due to her gap in 2012.Busymum3 wrote: ↑Sun May 31, 2020 11:02 amAlso is it possible... She wants HO to respond to the past errors. Because the gap happened because they did not accept her school of study ponit in 2009 for the post study work application??
They did not accept the degree for the English test 2011/2012 even though NARIC certificate was presented to them. However, same certificate was accepted and acknowledged subsequence applications.??
There won't be any need for UT, I remember when they asked her to do the English test then she presented her degree she studied here in the UK, she sat for that test 4 weeks after she had her first child.
This problem and gap in question was created by HO is it right to say that?
Thanks
My question is why the appeal failed if this was so obvious ???! The appeal process allows the NARIC to be considered. Why her appeal failed ?! You still have not answered that.Busymum3 wrote: ↑Sun May 31, 2020 3:47 pmThere was no change in law, she asked them to look at the NARIC certificate provided. The case worker omitted that.
UT refused 8/2/2012
New application went in 27/3/2012
Please is this where the gap is? Just trying find the gap?
Can the 3d work for her because it says on the article you attached it says cases before 2015?? Hope I read it right...
Not with partner anymore still sees because they have 2 British children together.
Are there any rule of law that can be applied to the mess created.
Many Thanks
How do you expect a group of strangers on an internet forum to know why your friends appeal failed?? We have no insight into her case and case files and you are providing third hand information on behalf of another person. She would have received a letter detailing everything. Suggests she find it and read it.Busymum3 wrote: ↑Sun May 31, 2020 6:36 pmThanks
My question is why the appeal failed if this was so obvious ???! The appeal process allows the NARIC to be considered. Why her appeal failed ?! You still have not answered that.
I don't know to be honest with you. There was no reason the evidence was clear. That was why she went back to UT came back as no arguable error, she did the process herself.
Thanks for your time.
So she submitted a NARIC evaluation but her degree was not of a UK Bachelor’s equivalent ?Busymum3 wrote: ↑Sun May 31, 2020 9:33 pmI'm not expecting stranger to have the ability to look at the past. However, I'm really grateful for the advice so far.
She found the documents not sure how to attach it on this platform.
Quote from the letter...
ground of refusal...
She did not pass the test, even though she mentioned her degree to cover the point because her overall score was not 52. Even though if the respond ant is obliged to check it still does not demonstrate any error not sure the degree is equivalent to UK degree.
Grand 3 in the letter... Does not raise an arguable error of law, the applicant has sought to obtain report from NARIC, this was not before the IJ and does not even itself as yet demonstrate the equivalent of Bachelor degree.
I can't type it out it's a lot. I typed above out. How can I post the screenshot please. Thanks not sure if above makes any sense.
Many Thanks