ILR Appeal Allowed but given Limited Leave to Remain

[shazz251]

Hi All,

First of all, thank you for stopping by to read my family's case.

I'm the sponsor (British Citizen);
My family arrived in the UK in December 2011 (my wife and four children) arrived in the UK being my dependent. This leave was valid from 06 October 2011, valid until 06 January 2014. On 04 Jan 2014, an application for ILR was submitted, however, that application was refused on 24 September 2014 with the right to appeal. That application was considered under Part 8 of the Immigration rules and the sole reason for refusal was requirements concerning maintenance and accommodation as set out in paragraph 287(a)(iv) and (v) were not met.

Judge of the tribunal found that a taxable profit of £22,016 was insufficient to meet the objective standard of the income support level in the UK. Subsequently, an appeal was pursued which was heard on 07 May 2015. However, that appeal was dismissed by the judge of the tribunal on 09 May 2015 and the determination was promulgated on 13 May 2015. On 31 July 2015, the appeal right was exhausted.

Regardless of the above, on 28 September 2015, a fresh application (SET M) for ILR was submitted on the basis of Spouse of Settled Person. On the same day, my daughter submitted her application (SET F) for ILR as she was over 18 at the time of application. Regrettably, both applications were refused on 05 February 2016 and 01 March 2016 respectively.
It is pertinent to mention here that at the time of fresh application I was earning sufficient amount of money (i.e £31,821) to accommodate my family without recourse to public funds, with of course documents proving.

I am construction builder by my profession. My earnings were £31,821 for the tax year 2014-15. In the tax year 2015-15, I earned £30,947.

That's (above) brief history of the family;s ILR case. Now we have appeal hearing in December 2017.
Could someone please advise me what to do? I have been to many solicitors and I have been put down saying there is no chance I will win this appeal (coming in December). I have been advised to withdraw from this appeal, send my family back and reapply, whilst my over the age of 18 daughter's appeal carries on into December. Once the rest of the family has been granted entry back to the UK (assuming before December) we can then fight my daughter's case on the basis that the entire family is in the UK thus she cannot return to back home and would like to live with her family. That's the advice I have been given.

I have also been looking into making new spouse visa application whilst staying the UK, but not certain whether my family is eligible for that?

I do realise it's a long post, so much appreciated if you have read it and if you could post your view/opinion/advice below.

Thanks,
Shazz

[vinny]

Did you fail to meet the maintenance requirements as outlined in Ahemd?

Why was your accommodation inadequate? Was it overcrowded?

Are your accommodation and maintenance still inadequate?

[shazz251]

Did you fail to meet the maintenance requirements as outlined in Ahemd?

Why was your accommodation inadequate? Was it overcrowded?

Are your accommodation and maintenance still inadequate?

First of all, thanks for your reply.
Negative. According to the calculations, everything seems to be absolutely fine. Accommodation is a three bedroom house.

[vinny]

Then why do the solicitors think that you cannot win your appeal in December?

[shazz251]

Hi Guys,

My family came to the UK in December 2011. In January 2014, applied for ILR under Part 8 Rule and was refused and we appealed which was also refused (9 May 2015) on the ground that I (sponsor) could not 'satisfy' the judge 'had enough funds to maintain and accommodate'.

Further appeal rights were exhausted by 1 September 2015, but on 28 September 2015, we made fresh ILR application. they had become overstayers but made the application within 28 days, 'as permitted by the version of paragraph E-LTRP 2.3 (b). This application was also refused on 5 Feb 2018 and we once again appealed.

However, this time we managed to satisfy the judge regarding the maintenance and accommodation part and the appeal was allowed.

But the home office granted Limited Leave to Remain even though our application and appeal was for ILR?

Judge did not clearly specify whether he approved ILR or Limited leave to remain.

If any of you know why the Home Office did this?

Thank you for taking the time out to read the post.

[vinny]

A280B or absurdity of appeals may be the problems.

[shazz251]

A208B is the problem here. I doubled checked the refusal letter and home office has mentioned it there.

Because of A208B refusal does that mean the Judge then allowed LTR and not ILR?