Tier 4 DES appeal won 2014, no passports yet from UKBA

[sajidkazmi]

Hi there:

I applied under Doctorate Extension Scheme (DES) on July 31, 2013 as my Tier 4 Student Visa was expiring on that day. The UKBA refused the visa on the grounds that the Confirmation of Acceptance for Studies (CAS) letter was issued more than 60 days. I was given right of appeal. My appeal was heard on the 7th of Jan, 2014 and the Judge approved my appeal on two grounds:
a) That there was conflict and ambiguity in Policy of DES and Immigration rules governing CAS.
b) Since I am living here in the UKBA for more years and my 4 dependents too are living here for more than 5 years, our lives have been established and the Judge approved the appeal also on the basis of ECHR Article 8.

UKBA has not returned my passport and its more than two years that the passports are with the UKBA.
My eldest daughter is turning 18 years on Jan 17, 2016. If I get the one year visa before Jan 17 2016, then at the expiry of this visa, she will be more than 18 years old. I don’t know about her status as to whether she would be eligible to apply after 10 years of stay.

If I get visa after August 2016, then I will complete 10 years in Sep 2017, but then again she will be more than 18 years old and by that time she would have completed 9 years, so I don’t know what to do.

Could someone answer this question as to what should I do?
Shall my daughter apply for 7 years residence independent of me before Jan 2016 and in this case would she have to spend another 10 years or she will get ILR after 10 years.?
Thanks

[geriatrix]

Have you complained to enquire as to where your passports are and why have not been returned after issuance of leave.
If not, do so without further delay.
Get your MP involved and request him to enquire about your concerns from the Home Office.

Anyone who has stayed in the UK legally for at least 10 years may apply for settlement under the 10 year route, provided the applicant fulfils the prescribed immigration requirements at the time of such application.

[sajidkazmi]

Thanks Mr Mehta for your reply. UKBA has not yet granted me leave yet, I won appeal against the refusal on Jan 7, 2014. Since then, UKBA has not contacted me and have not sent any correspondence. If I apply now for FLRP on the basis of 7 years, and if I get discretionary leave for 3 years, would I be able to apply for ILR after 10 year stay, counting from when I came to UK in Sep 2007? And would that be the same for my dependants who came in Aug 2008,?

[geriatrix]

It appears, from your posts on the forum, that Home Office had sought permission to challenge the appeal decision. Do you know if the permission was granted? Have you attempted to check?
If that permission to further appeal was granted, then the appeal is still on going and therefore you cannot make a new application. If you do, it will refused for being invalid.
But if there is no outstanding appeal, then you may make a new application under any immigration category that you qualify for, under the current immigration rules.

Yes, period of stay under FLR(FP) can be included under SET(LR).

[sajidkazmi]

Thanks Mr Mehta:

I am aware that the Home Office wrote to the Judge of the First Tier Tribunal to take my case to the Upper Court but the Judge rejected their application as it was time barred. The Home Office was given 5 days to ask for permission to take me to the Upper Court, but Home Office applied after 11 days.

[sajidkazmi]

Hi there:

I had applied for Tier 4 (G) Doctorate Extension Scheme in July 2013. UKBA had refused the application and I won the appeal. Now after more than two years, last week, the UKVI has sent my documents back and have granted only 2 months visa till 27/10/2015.

Shall I go for Administrative Review?
How much are the chances that the decision would be reversed and I would get one year visa?

If I apply for Administrative Review and if that review is not successful, would this break continuity as in my case, I am living here for over 8 years and my kids and wife are living here for more than 7 years.

Thanks

Sajid