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Long Residence Appeal Pending What is my status

Posted: Wed Jan 25, 2017 7:29 am
by Shujah
Hi All,

My ILR was refused 8 months ago, fortunately got right of appeal, i did appeal on time but still waiting for hearing date. Can anyone please tell me how long does it take to get appeal hearing date?


Thanks,

Re: Long Residence Appeal Pending

Posted: Sat Apr 08, 2017 9:03 pm
by no-10
Hello, I have been waiting for 11 months, still no update on hearing date. Please advise whether you got your hearing date confirmed.

Here's another post :
indefinite-leave-to-remain/ilr-appeal-w ... g#p1453553

ILR Refused on a 5 Months Gap

Posted: Fri Sep 08, 2017 12:18 pm
by Shujah
Hi,

I need some information,

what is that visa status of a person after rejection of his application in appeal hearing. will it be same as before with the right of work or not? also just to let you know further rights of appeal is given to upper tribunal is given.

Many thanks

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 8:06 pm
by zimba
If you have applied in time, your are protected under section 3C

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 8:27 pm
by Shujah
Thank for your quick reply.

I applied within 14 days after the rejection but i want to know whether am i allowed to work or not?

Thanks,

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 8:38 pm
by Shujah
i had right of work before the rejection of my appeal hearing date.

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 8:56 pm
by zimba
Shujah wrote:
Sat Sep 09, 2017 8:27 pm
Thank for your quick reply.

I applied within 14 days after the rejection but i want to know whether am i allowed to work or not?

Thanks,
No, your section 3C ended as you applied for a new application.

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 9:01 pm
by Shujah
but my 10 year time was already completed 5 months before my application hearing date.

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 9:32 pm
by zimba
Shujah wrote:
Sat Sep 09, 2017 9:01 pm
but my 10 year time was already completed 5 months before my application hearing date.
How is that relevant to section 3C ending ? You can make a valid application as an overstayer as you did.
You applied for a valid application within 14 days and you remain an overstayer which means you cannot work, until you get your ILR.

Re: Long Residence Appeal Pending What is my status

Posted: Sat Sep 09, 2017 9:55 pm
by Shujah
my application was refused last year in June bcz I had a 4 months gap to reach to 10 years but I got right of appeal. I applied for my appeal on time and got hearing date after 10 months. I completed my 10 while waiting my appeal hearing date. This year in April my Ist tribunal appeal was refused with the right of further appeal to Upper tribunal. Instead of applying for appeal again to Upper tribunal ad I had right, I applied for ilr as my 10 years have already been completed last year.

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 12:23 pm
by zimba
That is all fine however when you chose to apply for a new application, your section 3C ended. That is why you are an overstayer for now until you get ILR

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 12:41 pm
by Shujah
Hi,

Many thanks. can u please confirm the following as I dont have much information

as you mentioned that i m overstay does it means I m illegal in this country? or something else

Also will this overstay time will have any impact on my current application ( ilr )which is with the HO.



thanks,

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 12:49 pm
by zimba
Well overstaying is an offence however it should not affect your current application for SET(LR). When you get your ILR, you should be all fine

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 12:59 pm
by Shujah
Hi,

many thanks for further clarification.

it means this overstay wont b a problem even when I will apply for citizenship after one year of getting ilr.

thanks,

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 1:11 pm
by zimba
No.

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 1:16 pm
by Shujah
You mean it will be fine.

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 1:21 pm
by zimba
Shujah wrote:
Sun Sep 10, 2017 1:16 pm
You mean it will be fine.
I repeated several times now, you should be fine

Re: Long Residence Appeal Pending What is my status

Posted: Sun Sep 10, 2017 1:45 pm
by Shujah
thanks

Re: Long Residence Appeal Pending What is my status

Posted: Wed Sep 20, 2017 7:07 pm
by Shujah
Hi

Can you please advise me as i am trying to look for my application status online using Case reference number but its coming as reference number has not been recognized.

Thanks,

Re: Long Residence Appeal Pending What is my status

Posted: Mon Oct 23, 2017 11:19 am
by Shujah
Hi all,

I've applied for my Set application in early May this year. Last Friday received letter from HO saying that my application is invalid because Application fee page is missing in the form and i need to fill this details and send it back to them within 10 working days which i've sent.

Does anyone know how long more do i need to wait to get my application decision as its already been nearly 6 month.

Also i still cant track my application using Case Id/ Royal Mail reference number.

Any help much appreciated.

Thanks

Re: Long Residence Appeal Pending What is my status

Posted: Mon Oct 23, 2017 11:24 am
by Obie
When you were refused ILR, did you have leave to remain. It would have been sensible to appeal the decision of the FTT as any adverse findings could be used against you.

Re: Long Residence Appeal Pending What is my status

Posted: Mon Oct 23, 2017 11:29 am
by Shujah
Hi,

My application was refused last year in June 2016 bcz I had a 4 months gap to reach to 10 years but I got right of appeal. I applied for my appeal on time and got hearing date after 10 months. I completed my 10 while waiting my appeal hearing date. This year in April my Ist tribunal appeal was refused with the right of further appeal to Upper tribunal. Instead of applying for appeal again to Upper tribunal ad I had right, I applied for ilr as my 10 years have already been completed last year.

regards,

Re: Long Residence Appeal Pending What is my status

Posted: Mon Oct 23, 2017 11:32 am
by Obie
On what basis your FTT appeal was dismissed. That is my question.

Re: Long Residence Appeal Pending What is my status

Posted: Mon Oct 23, 2017 11:36 am
by Shujah
Obie wrote:
Mon Oct 23, 2017 11:32 am
On what basis your FTT appeal was dismissed. That is my question.

They said, when i applied for application at that time i had shortage of 4 months to reach to 10 years.

Re: Long Residence Appeal Pending What is my status

Posted: Mon Oct 23, 2017 11:50 am
by Obie
They should have considered the case as at the date of the hearing, as it is a human right case.

My next question is whether you still had a visa when your application was refused?