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No further in Country right of appeal after 1St of December
Posted: Thu Nov 03, 2016 10:15 pm
by Plzilr
Dear all
I have heard recently that there would be no further in Country right of appeal on long residency route after 1St of December. does anyone know further details regarding this. Also what about those who already has applied will they affect too from this new immigration bill 2016?
Regards
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 6:27 am
by Plzilr
any comment on above please?
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 8:34 am
by CR001
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 9:54 am
by Plzilr
thnks for your reply but question is will this new ruling also affect to those whose applications are already in pending with HO OR only applications after 1 dec will be affect from this ?
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 11:00 am
by devi2211
Hi,
I looked into the above document(legislation), but didn't understand it clearly.
I understand that no more in-country appeals after/from 1st December, does that mean that we can't make any JR's(Judicial Review) for Tier1 gen applications as well?
Thanks
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 11:26 am
by CR001
devi2211 wrote:Hi,
I looked into the above document(legislation), but didn't understand it clearly.
I understand that no more in-country appeals after/from 1st December, does that mean that we can't make any JR's(Judicial Review) for Tier1 gen applications as well?
Thanks
Judicial Review is not the same as an appeal.
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 11:47 am
by legalkhan
Please also have a look at this,
Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skileld workers, for whom the minimum salary level is increased, to Tier 4, the introduction of a new English language requirement for family immigration and the abolition of the 28 day grace period for making out of time immigration applications.
if its true then it doesn't sound nice.
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 11:52 am
by Plzilr
my question remain the same can this be apply retrospectively to the applicants whose application are already in process? and will they receive a in country right of appeal?
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 11:55 am
by pusm
Where its say that , the 10 years long residence no longer have appeal rights ???
It says human rights appeal !!
Not clear
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 12:04 pm
by lad 14
Long residence applications comes under Human Rights App - Read Page 9 -
https://www.gov.uk/government/uploads/s ... e_v3_0.pdf
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 1:45 pm
by helpingperson
28 days over stay rule abolished, no appeal rights for no one as far as I understand, they are making it impossible for immigrants and their intentions are clear.
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 2:57 pm
by robertholdon
It's going to be difficult to stay in the UK after this. Many would just go somewhere else. Suppose the first application is being rejected by the HO. Then applying for the second one is being approved. The person is still not able to get settled here as 28 days is not part of the rule. The worse thing is if the application is being rejected and the error is made by the HO which it happens a lot.
10 Years Long Resudency
Posted: Fri Nov 04, 2016 2:59 pm
by shero
Hello Everybody,
You guys are doing very well honestly,
I have given bio-matric on 30th September and has requested for Premium Upgrade but no luck. HO reject that and treating normal postal application. I just want to know any body has got positive response after rejecting premium upgrade request. I used to has T1 G vise and completed my 10 yrs and now waiting for.........
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 3:03 pm
by lad 14
The big QUESTION is that 'No Right of Appeal - In Country' rule will apply to whom ?
I) those who have already applied and waiting for the decision or
II) those who will apply on/after 1 Dec ?
Anyone ....
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 4:11 pm
by Plzilr
so far my understanding is should apply on those who will be applying after 1 dec but after reading carefully it seems that everybody will come under fire....
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 4:17 pm
by lad 14
Plzilr
do you have any reference for that ?
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 4:19 pm
by noajthan
All, try to keep on topic and within Board T&Cs.
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 4:28 pm
by Plzilr
lad 14 wrote:Plzilr
do you have any reference for that ?
well spoke to few solicitors mostly said they can imply this retrospectively.
also read this
https://www.freemovement.org.uk/new-com ... -and-more/
Re: No further in Country right of appeal after 1St of Decem
Posted: Fri Nov 04, 2016 4:51 pm
by lad 14
I have read the link, and it did not mention specifically who this rule implies to.
And also in the past, when government implement any new rule they keep the exemptions for the existing applications. I hope it would be same this time too.
But anything is possible.. let's wait until further updates.