ILR LR appeal allowed on 39E rule

[Joiejoy12]

Hi all,
I have been a silent reader in this board. I just want to share my story it might help someone here of the same more or less with my situation.
I arrived in UK June of 2008 on a student visa, then applied after 2 years Post study work till 2012. Before my visa expired I applied again for Tier 4 as a Master in Business Management which succeeded then before it expired I switched to Tier 2 general. But when I applied for my Tier 2 visa extension it was refused because my salary bracket was applied wrongly but I was given admin review of which I applied. My admin review was unsuccessful. Home office upheld their decision to refused my extension. Within 13days after my admin review decision, I applied again for Tier 2 of the same employer but with correct salary. Before the decision came I varied it to ILR LR as I have reached my 10 years already. The Home office refused my ILR saying I broke my long continuous leave when they refused my admin review. I went for an appeal oral argument last March 2019, right on the day the judge allowed my appeal but it was not easy its just happened and I was so thankful with my solicitor and my barrister they were so good in arguing with the HO representative using and quoting laws.
Hope this will help guys.
Dont lost hope just pray and believe there is always light at the end of the tunnel.

[vinny]

Congratulations!

There appears to be inconsistent judgments on this.

Is the Home Office appealing?

[Joiejoy12]

Hi Vinny, no the home office did not appeal on the judge decison. In fact I already have received my BRP
Thank you

[Joiejoy12]

My son and my husband has given 30 months leave to remain

[BRAVO786]

Hi
Can you kindly post your appeal decision in detail if possible. It will help others to fight there cases
Cheers!!!

[kom]

Hi Joiejoy12,

I am in same situation as you were nut i didn't applied for ILR(LR) as others are getting refusals.
can you please give me more detail about your case and if its possible can you provide decision letter from Judgement. It will help me lot.

Thanks in advance.

[kavikkdi]

Hi Joiejoy12

Congrats.

I’m also same situation, my ILR LR refused and hearing will be on 7th June.

Please clarify, your solicitor argued 39E rule ?
What else they mentioned in your argument ?
Please share your valid grounds.

Thanks

Hi all,
I have been a silent reader in this board. I just want to share my story it might help someone here of the same more or less with my situation.
I arrived in UK June of 2008 on a student visa, then applied after 2 years Post study work till 2012. Before my visa expired I applied again for Tier 4 as a Master in Business Management which succeeded then before it expired I switched to Tier 2 general. But when I applied for my Tier 2 visa extension it was refused because my salary bracket was applied wrongly but I was given admin review of which I applied. My admin review was unsuccessful. Home office upheld their decision to refused my extension. Within 13days after my admin review decision, I applied again for Tier 2 of the same employer but with correct salary. Before the decision came I varied it to ILR LR as I have reached my 10 years already. The Home office refused my ILR saying I broke my long continuous leave when they refused my admin review. I went for an appeal oral argument last March 2019, right on the day the judge allowed my appeal but it was not easy its just happened and I was so thankful with my solicitor and my barrister they were so good in arguing with the HO representative using and quoting laws.
Hope this will help guys.
Dont lost hope just pray and believe there is always light at the end of the tunnel.

[Joiejoy12]

Hello,
My solicitor prepared the bundle (all documents needed) to prove that I did not break my leave in the UK. My barrister prepared the skeleton argument presented to the judge and copy given to HO rep At the start of the hearing the HO rep ask to withdraw the case and the judge ask a comment from us. i told my barrister I want to proceed with oral argument for the reason that I already waited a long time which my barrister agreed. Then the presentation of the case begun.
My barrister quoted the paragraph 39E of the immigration rule on over stayer. He said that I never have had broke my stay because when my admin review was refused I then applied with in 14 days for fresh Tier 2. Since my application has no decision yet and I already accumulated 10 years stay in UK then i should be allowed for ILR-LR

[Joiejoy12]

HO has refunded my appeal fee. And also my IHS fee which I paid when I applied for my Tier2 then varied to ILR LR

[kom]

Hi Joiejoy12,

Can you please provide me your time line? basically i wanted to know how long it takes to get through this? Once your ILR(LR) refused did UKVI put any restriction on you like Licence cancelled and Bank Account close down?

Thanks

[Joiejoy12]

Hi ,
My timeline as requested:

Arrived in UK 2008 as student til 2010
Applied PSW granted til 2012
Applied student again, granted til 2014 -MBA
applied T2 work as a unit manager in a Care Home til 2017

Applied T2 extension (2017) - refused salary wrong, because if you applied for extension you will categorised as experienced therefore salary has to increase but employer put on the same on my COS

Applied Admin review-refused
Applied fresh T2 with right salary in new COS with the same employer with in 14 days from Admin review-refused. No decision yet from HO for my fresh T2 application til I reached my 10 years.

Applied ILR LR June 2018 on the day of my 10years in UK. Received refusal decision after 3 moths.
Applied appeal Sept 2018- given hearing date March.
On the day of the hearing the judge allowed my appeal on basis of paragraph 39E

Note: I have my son and husband as a dependent.
They are given 30 months leave to remain.
To God be the Glory. Pray and believe guys fight for your right

[kom]

Thanks Joiejoy12 for providing the information. it will help me lot. I also found one more judgement same as you.

https://tribunalsdecisions.service.gov. ... 04404-2018



You are so lucky.. can you please provide me below information.

1. How much it cost you to go through court?
2. Once your case refused did UKVI revoked your Driving Licence and Closed down your bank accounts?

Thanks in advance.

[Joiejoy12]

Hi,
Appeal fee is £140 each.
No HO did not cancel anything, my drivers license, bank not anything
good luck

[Sunny024]

My UT appeal was refused exactly on 39e and similar case as yours ,you are very lucky to get a decent barrister and judge ,congratulations as your battle came to an end .

[Sunny024]

Hi Joiejoy12

Congrats.

I’m also same situation, my ILR LR refused and hearing will be on 7th June.

Please clarify, your solicitor argued 39E rule ?
What else they mentioned in your argument ?
Please share your valid grounds.

Thanks

Hi all,
I have been a silent reader in this board. I just want to share my story it might help someone here of the same more or less with my situation.
I arrived in UK June of 2008 on a student visa, then applied after 2 years Post study work till 2012. Before my visa expired I applied again for Tier 4 as a Master in Business Management which succeeded then before it expired I switched to Tier 2 general. But when I applied for my Tier 2 visa extension it was refused because my salary bracket was applied wrongly but I was given admin review of which I applied. My admin review was unsuccessful. Home office upheld their decision to refused my extension. Within 13days after my admin review decision, I applied again for Tier 2 of the same employer but with correct salary. Before the decision came I varied it to ILR LR as I have reached my 10 years already. The Home office refused my ILR saying I broke my long continuous leave when they refused my admin review. I went for an appeal oral argument last March 2019, right on the day the judge allowed my appeal but it was not easy its just happened and I was so thankful with my solicitor and my barrister they were so good in arguing with the HO representative using and quoting laws.
Hope this will help guys.
Dont lost hope just pray and believe there is always light at the end of the tunnel.

can you share details of your hearing(if permitted by admins) place and time is 10 am i guess

[Joiejoy12]

Hi,
Hearing at FT cardiff dated march 2019

[REM12]

Hello all !! I am also in same situation . Applied after refusal on tier 1 admin review. Within 10 days applied flr lr and vary it to ilr when i reach 10 yrs . Got a refusal without appeal right ! Any update on 39e rules !

[Sunny024]

No update yet

[Sunny024]

Court of appeal dismissed Ahmads case.


https://www.bailii.org/ew/cases/EWCA/Civ/2019/1070.html

[vinny]

Unfortunately.

[Cattak]

[quote=Sunny024 post_id=1797476 time=1561667912 user_id=183580]
Court of appeal dismissed Ahmads case.


https://www.bailii.org/ew/cases/EWCA/Civ/2019/1070.html
[/quote

Dear Sunny! I thought we were waiting for Juned Ahmed permission to the Court of Appeal. As all our scenarios are same as him.

https://casetracker.justice.gov.uk/getD ... d=20182976

The link you shared is a different Ahmed. I don"t know how much impact would Masum Ahmed have n our case.

[Sunny024]

Yes both are two diff persons with same name and similar cases in COA ,thannks for tracking Ahmads case ,mine is in same stage .lets see how it goes .

https://casetracker.justice.gov.uk/getD ... d=20190745

Everyone is saying the above judgement is confusing ,seems like even judges are confused on this issue .

[Cattak]

What is gonna happen to all these permission application in the COA. Will they all be denied because of this. Because the Lord Judges have clearly directed that this case be published and SSHD can cite it in court. Does this means for Paragrapgh 39e cases it is the end of story in Court of Appeal.
I have been told that Masum Ahmed do not has the option left to go further ahead by going to Supreme Court or wat ever court is next.

[Sunny024]

I’m going to see my solicitor on Monday,I’ll update you

[Cattak]

I’m going to see my solicitor on Monday,I’ll update you

Please do mate. and I hope that's not the case. We have already suffered a lot.