ILR Appeal Won

Hi There,
I hope you are well.
Please put me on right place if i am not on the right section to asking help.

I got refusal against my ILR (10 Year Long Residence) 29 JAN 2021
case worker mentioned that i broke the 10 year long residence.
Please see the below detail of my case.

enter UK; 27 Sep 2010 student visa
PSW VISA. which was finished 27 Jan 2014

Student Visa. applied student visa in Sep 2013 and got refused due to send them incorrect bank statement and got refusal letter date printed on refusal letter was 3rd Jan 2014 (and received letter 15 Jan 2014) and no right to appeal. I left UK 25 Jan 2014 because PSW was was going to finish 27 Jan 2014 and did not over stay. It is clearly mentioned in refusal letter until 27 Jan 2014 i can stay.

Reapply from back home within 28 days after leave to remain finished 27 Jan 2014 and fee was paid 13 Feb 2014 (i have both payment receipt email and application received 22 Jan 2014) and got new Student visa until 2019
Student dependent visa got until 2022.. this is the history and i have only one refusal.

Refusal abjections;
CASE Worker. Mentioned that i should leave 3rd of Jan 2014(Refusal letter printed date 03 Jan 2014) because i don't have right to appeal but in refusal letter they mentioned until 27 Jan 2014 i can stay. Case worker mentioned even i did not apply within 28 days from 3rd Jan 2014 to 27 Jan 2014. In refusal letter mentioned that i can stay until 27 Jan 2014. Case Worker also mentioned that you applied student visa 24 Feb 2014 but i did pay my application fee 13 Feb 2014 and application was received date was 22 Feb 2014(i have home office email in which they receive my application 22 Feb 2014) but they have date 24 Feb 2014. If i see the 24 Feb 2014 of application date and Leave to remain was 27 Jan 2014 again i did apply under 28 days after finish leave to remain.

Please help me what can happen now as i am going for appeal?

Many Thanks
AM

experts will answer your question but please tell them you application timeline when did you applied and when u got decision.

Did they give you right of appeal or administration review?

Thank you for your reply.
I did apply for ILR (10 year long residence) 3rd Sep 2020 and got refusal 29 Jan 2021.

Thank you

Yes they gave me right of appeal with 14 days.

Many Thanks

If they didn’t curtail your leave after the refusal, then it remains valid until expiry. If you left the UK before your leave had expired, then you were not an overstayer. Then there was no requirement to apply for entry clearance within 28 days.

It seems that the caseworker made a mistake.

Don't miss this chance, apply within 14 days and get professional help.

i am looking into your posts someone suggested you to add covering letter for "clarity", dont know u done it or not.

i am not expert my opinion is that you were not given appeal right when your visa refused on 3rd of jan Because your had leave to remain. if you had leave and you return and applied within 28 days you should be fine.

i have seen some post caseworker ask the applicant to change your application because your application likely to successful . i don't know if the case with you.

thank you for your email.
Before making application i came on board here i did double check with you all and you said you did not break the 10 year long residence.
first my observation
Home office does not have dates in which i paid my fee 13 Feb 2014 and application received to home office 24 Feb 2014(As per case worker record) but as per email application was received 22 Feb 2014 (against the student visa) and PSW was remain to leave until 27 Jan 2014 and after 28 days i can apply and i left country 25 Jan 2014.

Case worker did not read my refusal letter and and might be dont know the rule in which after leave to remain within 28 days i can apply?

it is very sad for me.

Please guide me what i need to do for appeal and which review i need to go for such administrative review (how long it takes usually) or i need to go for judicial review.

I don't how it works please guide.

Many thanks

Happydays11 wrote: ↑

Tue Feb 02, 2021 1:36 pm

Don't miss this chance, apply within 14 days and get professional help.

i am looking into your posts someone suggested you to add covering letter for "clarity", dont know u done it or not.

i am not expert my opinion is that you were not given appeal right when your visa refused on 3rd of jan Because your had leave to remain. if you had leave and you return and applied within 28 days you should be fine.

i have seen some post caseworker ask the applicant to change your application because your application likely to successful . i don't know if the case with you.

Am answer.
I did add cover later and mentioned 'clearly' that i paid fee 13 Feb 2014 and left the country before leave to remain finish and applied with 28 days.
I am surprised that in refusal letter CLEARLY mentioned that until 27 Jan 2014 i have leave to remain. on the other hand, case worker mentioned that i should leave 3rd of Jan 2014 this is printed date of refusal letter and i got letter 15 Jan 2014. But i left country 2 days before finish leave to remain. In refusal letter 03 Jan 2014 they did not give me right to appeal. But i got student visa...

as i can see you still got valid leave "Student dependent visa got until 2022"

you might not get appeal right? did they cancel you existing leave?

Did you actually read what @vinny said and click on the links?!

vinny wrote: ↑

Tue Feb 02, 2021 1:32 pm

If they didn’t curtail your leave after the refusal, then it remains valid until expiry. If you left the UK before your leave had expired, then you were not an overstayer. Then there was no requirement to apply for entry clearance within 28 days.

It seems that the caseworker made a mistake.

thank you
i still have leave to remain until 2022. refusal does not effect.

they gave me right of appeal or make a new application.

how long usually it takes if i go for appeal?

Thank you

is it right of appeal or administrative review?

just mentioned that right of appeal with 14 days or make new application.

did not mention abut administrative review.

I think there is a right of appeal for refusals under Long residence.

yes, appeal.

get professional help asap, it has to be before 14 days otherwise you will loose your right of appeal.

@vinny is right.

vinny wrote: ↑

Tue Feb 02, 2021 2:32 pm

I think there is a right of appeal for refusals under Long residence.

Hi sorry to jump into someone's else post but i saw people who have valid leave remaining didn't get right of appeal and they have to go for Judicial review.

Is that on UKVI discretion?

I think that applications under Long residence constitute human rights claims. Have a look at the Rights of Appeal Guidance, linked above,

vinny wrote: ↑

Tue Feb 02, 2021 1:32 pm

If they didn’t curtail your leave after the refusal, then it remains valid until expiry. If you left the UK before your leave had expired, then you were not an overstayer. Then there was no requirement to apply for entry clearance within 28 days.

It seems that the caseworker made a mistake.

Yes.

Hi, I have process my appeal.
can you please guide me how long it takes to final decision?

Many Thanks

Hi There,
I need your suggestion. I did appeal and finally won; HO withdrew on 02 Nov 2021. The court informed us that withdrew 02 Dec 2021 that your case is back to HO. Since then I have not heard anything yet from HO.

Please advise how I can contact the Home office regarding my case.

Many Thanks
AK