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ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

abutaher
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ILR application

Post by abutaher » Sat Nov 21, 2020 1:31 am

Hello guys I have a question regarding my ILR.
I came Uk 2009 august and I was in student visa till 2017 February. In February upper tribunal refused me and then within 10 days of refusal I applied FLRFP and it’s granted last year august 2019. My 10 years already completed but I’m bit confused about my 10 days gap. what u say shall I apply for ILR? And section 39E is it applicable for me? Some people saying after Ahmed case no gaps will be counted is that true? I’m bit confused can you please give me a solution coz it’s huge money to apply....

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CULLINAN
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Re: ILR application

Post by CULLINAN » Sat Nov 21, 2020 2:53 am

There is a very recent Hoque’s court of appeal case which has overturned Ahmed’s case. You will be okay.

https://www.freemovement.org.uk/welcome ... ence-gaps/
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ILR 10 years lawful resident and paragraph 39E

Post by abutaher » Tue Nov 24, 2020 2:12 pm

Zimba wrote:
Mon Oct 26, 2020 11:26 am
I would like to stress this paragraph so people do NOT get confused:
In Masum Ahmed (not to be confused with the related case of Junied Ahmed v SSHD [2019] UKUT 10 (IAC)), it was held that each of the limbs of 276B stood alone: 276B(v) could not be used to cure any previous overstaying in between periods of leave.
The period of overstaying between the leave must be disregarded as per rules (this was the position of the HO in many cases) This is also the Masum Ahmed case judgment which is now correctly thrown out

However many people here applied when they did NOT complete 10 years of lawful residence and their period of overstaying was at the end (NOT between the periods of valid leave). Most of the these applicants were hoping their out of time pending application can be varied to the long residence while overstaying without first regularising their stay. That was the case in Junied Ahmed. That judgement still stands :!: :!:
I came Uk 2009 august and I was in student visa till 2017 February. In February upper tribunal refused me and then within 10 days of refusal I applied FLRFP and it’s granted last year august 2019. My 10 years already completed but I’m bit confused about my 10 days gap. what u say shall I apply for ILR? And section 39E is it applicable for me?

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Re: ILR 10 years lawful resident and paragraph 39E

Post by zimba » Tue Nov 24, 2020 2:44 pm

First of all stick to your own topic. :!:
What was your in-time application in 2017 which got you the appeal rights ??!
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Re: ILR application

Post by abutaher » Tue Nov 24, 2020 2:56 pm

I applied for extension as tier4 student in July 2014 and in 3rd March 2015 first tier tribunal refused me and gave appeal right.
Then 31st March 2015 I appealed and then few times court adjourned then in 30th December 2016 first tier tribunal refused my application and in 24th February 2017( I received the letter on 28th February) at last upper tribunal refused the permission of appeal then 9th of March I applied FLRFP and granted in 2019 august. Could you please please brother can tell me what shall I do? Coz everybody confused me about my gap. I will appreciate if you could give me a good suggestion coz I know you helped too many people in this group within a precise way coz lawyers always confused us.
Thanks

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zimba
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Re: ILR application

Post by zimba » Tue Nov 24, 2020 6:04 pm

You are good to go for the long residence.
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abutaher
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ILR

Post by abutaher » Wed May 05, 2021 6:17 pm

My ILR application refused because I had refusal of tier4 student visa in 2nd of March 2015 and I applied again on 31st of March they said gap should be no more than 14 days plus 2 days postage they cover but long as i know before November 2016 it covers 28 days I don’t know why they refused on that grounds. Can somebody please help me out what to do?

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Re: ILR

Post by zimba » Wed May 05, 2021 11:23 pm

abutaher wrote:
Wed May 05, 2021 6:17 pm
My ILR application refused because I had refusal of tier4 student visa in 2nd of March 2015 and I applied again on 31st of March they said gap should be no more than 14 days plus 2 days postage they cover but long as i know before November 2016 it covers 28 days I don’t know why they refused on that grounds. Can somebody please help me out what to do?
You applied for your fresh FLR application in 2017 after you exhausted your appeal rights on 24th Feb 2017. This was after November 2016 rule changes and the introduction of paragraph 39E, so the 14 days rule applies. However, I could see that the period between 26th Feb (two days after appeal right being exhausted and when the decision is served) and 9th March is less than 14 days. Are the dates you reported previously correct ??
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Re: ILR

Post by abutaher » Wed May 05, 2021 11:40 pm

But they didn’t give any appeal rights! And can you please tell me from when 28 days overstated period applies and from when 14 days overstay period applies after any appeal refusal? Coz I’m confused. Long as I know before 24th November 2016 28 days overstay period allows after any refusal appeal and after that it is 14 days. Am I right or wrong please let me know. I’m very very stressed now. What you think in my case shall I go for JR coz there are no appeal rights?

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Re: ILR

Post by zimba » Wed May 05, 2021 11:45 pm

abutaher wrote:
Wed May 05, 2021 11:40 pm
But they didn’t give any appeal rights! And can you please tell me from when 28 days overstated period applies and from when 14 days overstay period applies after any appeal refusal? Coz I’m confused. Long as I know before 24th November 2016 28 days overstay period allows after any refusal appeal and after that it is 14 days. Am I right or wrong please let me know. I’m very very stressed now. What you think in my case shall I go for JR coz there are no appeal rights?
The 14 days concession under paragraph 39E applies to any new application made after November 2016. Your FLR must have been filed within 14 days of section 3C ending. The long residence has appeal rights. Are your dates correct ?? How are they saying you applied later than 14 days ??
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Re: ILR

Post by abutaher » Wed May 05, 2021 11:52 pm

Yes that was correct in my new application of FLRFP in march 2017 I applied within 14 days of my refusal of appeal but they said about my 2nd of March 2015 application when appeal refused I applied again 31st of March that means within 28 days plus 2 days postage the cover but on that time it was 28 days overstay they Xavier long as I know. Ian I right or wrong please tell me?

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Re: ILR

Post by abutaher » Thu May 06, 2021 12:37 am

Sorry brother I think I didn’t explain you properly. Actually previous when I said to you the dates of appeal when they refused in 2017 24th refused and I applied FLRFP in 9th of March 2017 means within 14 days of overstay period and it was granted in 2019. But I had another gap which was in 2015. When I got refused by My tier4 application on 2nd of March 2019 with appeal rights then did appeal on 31st of March 2015 that means within 28 days of overstay period plus it covers 2 days postage. They refused my ILR on that basis that I didn’t appeal within 14 days of my refusal it exceeded 13 days more they said that’s why they refused. But my question is that was in 2015. Long as I know 28 days overstay period is allowed before November 2016 after November 2016 section 39e applies and it covers not more that 14 days overstay period after any refusal to make a new application. Am I right or wrong can you tell me that?

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Happydays11
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Re: ILR

Post by Happydays11 » Thu May 06, 2021 4:03 am

if you get SAR it will give you clear idea normally they write In-time application Yes or No.

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Re: ILR

Post by Happydays11 » Thu May 06, 2021 7:10 am

abutaher wrote:
Thu May 06, 2021 12:37 am
Sorry brother I think I didn’t explain you properly. Actually previous when I said to you the dates of appeal when they refused in 2017 24th refused and I applied FLRFP in 9th of March 2017 means within 14 days of overstay period and it was granted in 2019. But I had another gap which was in 2015. When I got refused by My tier4 application on 2nd of March 2019 with appeal rights then did appeal on 31st of March 2015 that means within 28 days of overstay period plus it covers 2 days postage. They refused my ILR on that basis that I didn’t appeal within 14 days of my refusal it exceeded 13 days more they said that’s why they refused. But my question is that was in 2015. Long as I know 28 days overstay period is allowed before November 2016 after November 2016 section 39e applies and it covers not more that 14 days overstay period after any refusal to make a new application. Am I right or wrong can you tell me that?

secondly

as per understand let's establish and experts can comment on it they refused on the basis of 2015 gap not 2017 gap. now check your letter does it says apply within 28 days of receiving this letter or apply within 28 days of this decision.

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Re: ILR

Post by abutaher » Thu May 06, 2021 10:48 am

In the letter when they refused my tier 4 application on 2nd of March 2015 they gave me appeal rights but in the letter they didn’t mention anything that I have to appeal within 28 days of receiving this letter or within 28 days of receiving this decision. But what I’m trying to say is it was in 2015 so after any refusal it should be within 28 days as per my thinking

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Re: ILR

Post by zimba » Fri May 07, 2021 10:59 am

Now I understood the issue you are having. UKVI is saying that in 2015 you did NOT appeal in time and it seems they are correct given the information you shared. The 28 days rule applied only to new applications but this has nothing to do with the appeal deadlines. The appeal deadlines are set by the court procedures. There are specific deadlines for when an appeal must be filed. This used to be the deadline for first-tier tribunal:
Appellant in UK and not in immigration detention: must be received by the First-Tier Tribunal within 12 working days (2+10) after the date on which the decision was sent out
You can check with the tribunal if your appeal was considered out-of-time. Was there a reason for a late appeal filing ?
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Re: ILR

Post by abutaher » Fri May 07, 2021 11:17 am

Actually it was in 2015 I had a legal representative in that time he said within 28 days and that’s what he did. He did the appeal almost the last day of the 28. He looks time to prepare the case. Now only for that few days I lost my whole 10 years route. I’m actually now in too much stress that I can’t tell you. Now for that reason again how many years I have to wait!! It’s a shocking news for me! I’m really really sad now. Can you please tell me is there anything I can do in my case or any possibility ? If even not any other categories I can switch so that I don’t have to wait another 7-8 years?
I will appreciate if you can give me some suggestions.

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Happydays11
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Re: ILR

Post by Happydays11 » Fri May 07, 2021 12:04 pm

Zimba gives you clear reply think and act.

You can check with the tribunal if your appeal was considered out-of-time. Was there a reason the appeal was filed late ?

if you stress you will lose your fight back chance. find good barrister and do the nessessary.

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Re: ILR

Post by abutaher » Fri May 07, 2021 1:22 pm

Actually honestly what I can see now it was my solicitors fault he made a mistake and launch the appeal within 28 days not 14 days. I don’t what was the reason coz it’s long time ago and I don’t even have contact with that solicitor. He just destroyed me now. Anyway it’s my bad luck now.
Now can you please tell me in this situation should I go for review what you think? Just give me a personal suggestions.

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zimba
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Re: ILR

Post by zimba » Fri May 07, 2021 4:05 pm

Many solictors are totally inept and take up cases for financial reasons as they have nothing to lose. I just looked up The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. The rules clearly tell you that the notice period for appeals within the UK is 14 days when the appalant is in the UK and 28 days when outside the UK:
Notice of appeal
19.—(1) An appellant must start proceedings by providing a notice of appeal to the Tribunal.

(2) If the person is in the United Kingdom, the notice of appeal must be received not later than 14 days after they are sent the notice of the decision against which the appeal is brought.

(3) If the person is outside the United Kingdom, the notice of appeal must be received —

(a)not later than 28 days after their departure from the United Kingdom if the person—

(i)was in the United Kingdom when the decision against which they are appealing was made, and
(ii)may not appeal while they are in the United Kingdom by reason of a provision of the 2002 Act; or

(b)in any other case, not later than 28 days after they receive the notice of the decision.
The rules also cover what should happen when the appeal is filed out-of-time:
Late notice of appeal
20.—(1) Where a notice of appeal is provided outside the time limit in rule 19, including any extension of time directed under rule 4(3)(a) (power to extend time), the notice of appeal must include an application for such an extension of time and the reason why the notice of appeal was not provided in time.

(2) If, upon receipt of a notice of appeal, the notice appears to the Tribunal to have been provided outside the time limit but does not include an application for an extension of time, the Tribunal must (unless it extends time of its own initiative) notify the person in writing that it proposes to treat the notice of appeal as being out of time.

(3) Where the Tribunal gives notification under paragraph (2), the person may by written notice to the Tribunal contend that—

(a)the notice of appeal was given in time; or
(b)time for providing the notice of appeal should be extended, and, if so, that person may provide the Tribunal with written evidence in support of that contention.

(4) The Tribunal must decide any issue under this rule as to whether a notice of appeal was given in time, or whether to extend the time for appealing, as a preliminary issue, and may do so without a hearing.

(5) Where the Tribunal makes a decision under this rule it must provide to the parties written notice of its decision, including its reasons.
https://www.legislation.gov.uk/uksi/201 ... tents/made

You can see how specific the rules are on the tribunal procedures. Your representative might have requested an extension. This is why I asked you to call the tribunal to see if the appeal was in fact out-of-time :!: You need to get the facts right before deciding on your next move. Stop stressing and start acting
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Re: ILR

Post by abutaher » Fri May 07, 2021 4:13 pm

How do I contact with the tribunal can I please tell me I will appreciate and also on that if I applied out of time means I appealed out of time how they take it or how they accept it they should notify me that appeal is gone! Am I right or wrong can you please explain me?

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Re: ILR

Post by zimba » Fri May 07, 2021 11:12 pm

abutaher wrote:
Fri May 07, 2021 4:13 pm
How do I contact with the tribunal can I please tell me I will appreciate and also on that if I applied out of time means I appealed out of time how they take it or how they accept it they should notify me that appeal is gone! Am I right or wrong can you please explain me?
https://www.gov.uk/courts-tribunals/fir ... and-asylum

I showed you what the rules require them to do. Contact the tribunal that dealt with your case and enquire about your case. They are often helpful
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR

Post by abutaher » Sat May 08, 2021 2:24 pm

I’m sorry brother for bothering you again n again.
Actually you are may be right I just looked all my previous letters and I found that the refusal letter home office send with appeal rights was dated 2nd March 2015 but my solicitor received the letter on 23rd of March I just saw the stump of the solicitor farm on top of the letter that received 23rd march 2015. And another letter I found that my solicitor send a letter also to the home office that he received the refusal letter on 23rd of March 2015 and then he appealed on31st of March 2015. Now o don’t know home office aware of that or not? What do you think is this clue gonna help me to proceed further steps? I’m actually confused. I don’t have even any contact with that solicitor long time. Can you tell me please what should I do now?

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Re: ILR

Post by zimba » Sat May 08, 2021 7:03 pm

Zimba wrote:
Fri May 07, 2021 11:12 pm
abutaher wrote:
Fri May 07, 2021 4:13 pm
How do I contact with the tribunal can I please tell me I will appreciate and also on that if I applied out of time means I appealed out of time how they take it or how they accept it they should notify me that appeal is gone! Am I right or wrong can you please explain me?
https://www.gov.uk/courts-tribunals/fir ... and-asylum

I showed you what the rules require them to do. Contact the tribunal that dealt with your case and enquire about your case. They are often helpful
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Happydays11
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Re: ILR

Post by Happydays11 » Sat May 08, 2021 10:23 pm

now it's make sense, @zimba give you good advice.

my opinion goto any good barrister and show them these evidences they will help you. you got light in tunnel its not the time to waste act now. you will be fine. Good Luck

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