FLR LR refused but appeal allowed on human rights

Yogesh pachchiger · Post by **Yogesh pachchiger** » Thu Dec 27, 2018 12:46 pm

Hi
I had an appeal on 19/11/2018
Decision allowed on 10/12/2018
14 days has passed.

To the respondent Fee award
as i have allowed the appeal and because a fee has been paid or is payable , i have considered making a fee award and have decided to make no fee award for the following reason because new evidence was filled

What does that mean ? Appeal is been allowed and 14 days passed...
pls help

Yogesh pachchiger · Post by **Yogesh pachchiger** » Thu Dec 27, 2018 3:09 pm

Any one....?????

CR001 · Post by **CR001** » Thu Dec 27, 2018 3:10 pm

Would be useful if you stated what your FULL immigration status in the UK is and what was refused and the reason if you expect any advice.

Yogesh pachchiger · Post by **Yogesh pachchiger** » Thu Dec 27, 2018 3:30 pm

It’s about 10 year long residence route

I came in 2007 October, until 2015 I was on student visa... then applied tier 2 and got refused and had ban for 10 year then I went Judicial review and won the case and got 28 determination letter in 2016.... I applied Flro to stretch time... and by the time I reach 10 year I switched my application to flr fp...
but got refusal from home office stating that u had no status since u applied judicial review and got appeal right...
Appeal hearing on 19/11/2018
Appeal decision on 10/12/2018 ( appeal allowed)

It’s been 17 days since the decision...

Yogesh pachchiger · Post by **Yogesh pachchiger** » Thu Dec 27, 2018 5:19 pm

Anyone ?

Yogesh pachchiger · Post by **Yogesh pachchiger** » Fri Jan 04, 2019 11:47 am

It’s about 10 year long residence route

I came in 2007 October,
until 2015
I was on student visa...
then applied tier 2 and got refused and had ban for 10 year then I went Judicial review and won the case
and got 28 determination letter in 2016.... I applied Flro to stretch time... and by the time I reach 10 year I switched my application to flr LR...
but got refusal from home office stating that u had no status since u applied judicial review and got appeal right...
Appeal hearing on 19/11/2018
Appeal decision on 10/12/2018 ( appeal allowed)

So my question is
1) HOW MANY MONTHS VISA WILL BE ISSUED ?
2) IF I GOT 2-3 years visa then can I apply straight to ILR LR ? ( that y I applied FLR LR because I can’t give LIU EXAM )

My judge allowed my appealed stating I had the continuously living for 10 year but 28 days as overstayer but judge disregarded and I have completed my 10 years and allowed my appeal on human rights ground.

Yogesh pachchiger · Post by **Yogesh pachchiger** » Fri Jan 04, 2019 1:37 pm

Hello members... pls any advise...

Yogesh pachchiger · Post by **Yogesh pachchiger** » Mon Jan 07, 2019 5:59 pm

Hello everyone

I have an update ... pls pls pls help

Hi all
I received the implementation letter from home office today after winning the ftt appeal allowed... I didn’t understand what does home office mean by saying this paragraph.. I applied FLR(LR) and was refused n won the case in ftt and appeal was allowed on human rights grounds..

“ while initial application was indefinite leave to remain, checking the judge determination you were unable to meet immigration rule for ILR at the appeal and they allowed the appeal on private life...
And they told me pay health surcharge...

1) I will be getting 30 months visa but what next after that ?
Do I have to extend visa every 2.5 years ?

Pls I need desperate advise n feedback

Yogesh pachchiger · Post by **Yogesh pachchiger** » Mon Jan 07, 2019 10:50 pm

Seriously!!!!!!!!!!! No one ?

justicefirst · Post by **justicefirst** » Mon Jan 07, 2019 10:57 pm

It looks like they have given you private life visa based on 10 year route to settlement.
It doesn't look like they have given you Indefinite leave to remain instead issued 30 months of visa which is renewable.

Can you please clarify what does the letter says exactly with the wording so i can offer you the right expert advice as i am experienced in this area.

Yogesh pachchiger · Post by **Yogesh pachchiger** » Tue Jan 08, 2019 11:20 pm

That’s wat they said initial application for ilr n all... n they told me to pay ihs...

Casa · Post by **Casa** » Tue Jan 08, 2019 11:43 pm

justicefirst wrote: ↑
Mon Jan 07, 2019 10:57 pm

Can you please clarify what does the letter says exactly with the wording so i can offer you the right expert advice as i am experienced in this area.

Yogesh pachchiger · Post by **Yogesh pachchiger** » Wed Jan 09, 2019 9:11 am

Judge said

The status of the applicant remained that of an overstayer from 21st October 2016(he had no 3c) but the relevant guidance from respondent on long residence state that application made out of time when a person no longer has leave at the date of application will be disregarded for the period of 28 days.. this mean that the appelent met the relevant rules as understood according to the guidance. He had acquired ten years lawful residence with only one period of overstaying less than 28 days in duration. There is no public interest reason against his being granted stay given his vindication in relation to the fraud.
This appeal must be allowed on human rights ground

After 25 days of judge decision I recieved home office letter that they are implementing the judge decision and pls pay the health surcharge..

That’s what home office said exactly in the implementation letter from judge (ftt) after hearing.

“while initial application was indefinite leave to remain, checking the judge determination you were unable to meet immigration rule for ILR at the appeal and they allowed the appeal on private life. In this circumstances, in according with the consent you gave on application form, we are now treating this application as application for limited leave to remain...

justicefirst · Post by **justicefirst** » Wed Jan 09, 2019 7:50 pm

Thank you for clarifying your situation. From What i can see is that your visa was granted on limited leave to remain based on private life. May i ask if you was granted under the immigration rules for one of the following?

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or

(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

If you are granted based on one of these paragraph then i can imagine that you will have to restart your clock to zero and you will have to spend another 10 years in the UK before you become eligible for Indefinite leave to remain. 2.5 x 3 extensions.

As your indefinite application was out of the time that is why Judge granted you limited leave on private life to start from zero before you qualify for Indefinite Leave to Remain. This is very unlucky situation for you as you will have to keep extending your visa until 10 years again.

Was your limited leave to remain was based on outside the immigration rules or within the immigration rules?? What does home office letter says?

Yogesh pachchiger · Post by **Yogesh pachchiger** » Sun Jan 13, 2019 2:47 pm

Hi sorry for late reply...
it doesn’t say any of this point....

Yogesh pachchiger · Post by **Yogesh pachchiger** » Sun Jan 13, 2019 2:51 pm

That’s all wat home office said in the letter... and judge letter... judge said very clearly m not breaking 10 years law. And I didn’t apply indefinite leave to remain it was FLR LR APPLICATION that my appeal was allowed on...
and that’s wat exactly home office and judge said in their letter

Yogesh pachchiger · Post by **Yogesh pachchiger** » Tue Jan 15, 2019 10:40 pm

Hello everyone
I need a urgent advice pls
When I recieved the implementation letter from home office on 7/1/19, in that I had to pay Ihs fees for 30 months £500 but very next day fees has gone up... so solicitor suggested me to pay the double now ( which is 1000) just to be on safer side.... in letter it’s 500 but I paid 1000...

So it won’t be a problem isn’t it ? Tommrow is last day

Kay2323 · Post by **Kay2323** » Wed Jan 16, 2019 3:27 am

I will suggest you to take the Dl for 30 months which will secure your right to work and then you can raise a Pre-action Protocal PAP through some good barrister or with some very experienced solicitor who can prepare a dynamic PAP grounds. I hope you can raise a PAP in FLR LR application which some senior members will confirm.

Yogesh pachchiger · Post by **Yogesh pachchiger** » Wed Jan 16, 2019 10:03 am

Thank you... but pls guide me with ihs issue

Yogesh pachchiger · Post by **Yogesh pachchiger** » Wed Jan 16, 2019 6:50 pm

Anyone pls

Yogesh pachchiger · Post by **Yogesh pachchiger** » Wed Feb 06, 2019 7:20 pm

My appeal allowed on 10/12/2018
Home office implementation letter recieved on 07/01/2019 and told me to pay IHS ... payed very next day..
5 weeks gone still I have not recieved the biometric n passport.. how long it takes ?

kavikkdi · Post by **kavikkdi** » Fri Mar 15, 2019 2:52 pm

How your appeal allowed under Immigration rule or Human rights rule? Please clarify

gbptier1general · Post by **gbptier1general** » Thu Apr 04, 2019 2:47 am

justicefirst wrote: ↑
Wed Jan 09, 2019 7:50 pm
Thank you for clarifying your situation. From What i can see is that your visa was granted on limited leave to remain based on private life. May i ask if you was granted under the immigration rules for one of the following?

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or

(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

If you are granted based on one of these paragraph then i can imagine that you will have to restart your clock to zero and you will have to spend another 10 years in the UK before you become eligible for Indefinite leave to remain. 2.5 x 3 extensions.

As your indefinite application was out of the time that is why Judge granted you limited leave on private life to start from zero before you qualify for Indefinite Leave to Remain. This is very unlucky situation for you as you will have to keep extending your visa until 10 years again.

Was your limited leave to remain was based on outside the immigration rules or within the immigration rules?? What does home office letter says?

Hi,
Pls do NOT mis-lead!
I suppose it is NOT 10Yrs again, but just 6-yrs wating-Time to apply again LR/ILR.Pls recheck & confirm with corrected answer.

Yogesh pachchiger · Post by **Yogesh pachchiger** » Mon Apr 15, 2019 11:18 am

Sorry for the late reply
I have finally been granted FLR (LR) for 2 instead 30 months which they mentioned in the previous letter n took 1000 ihs but they refunded that as well...

So I need to give LIFE IN UK test and then apply for ILR... so is it like getting an flr (Lr) is similar to ilr.
Because I had deception(322(1a) in past tier 2 application but in JR home office withdrew my deception and granted me 28 days apply a new application from the expiry of last grant leave.

So is it gonna be hard to get ILR OR EASY ?

Yogesh pachchiger · Post by **Yogesh pachchiger** » Mon Apr 15, 2019 1:09 pm

Any one who can reply ?pls

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