ILR 10 years lawful residence and paragraph 39E

[zimba]

Ahmed's judgment still stands in tribunals

[Raj450]

I would like thanks The Admin and fellow brother for posting on this Topic.
My set O application has been refused on 2nd August 2019 with appeal right. Hearing was 9th January 2020 at Hatton cross and appeal allowed under 276b and 117b and human right grounds at FTT on 13th January 2020. Appeal ground was 276b and 39e and 34B and 10 years long lawful resident.
Now I am waiting for HO decisions or HO might challenge the FTT decision by using Masum Ahmed and Junaid Ahmed case law athrough HO didn't submit anything regarding M and J ahmed case law in my hearing.
I primarily posted regarding this topic on 9th may as a (raj4) but unfortunately I can't access to my account for some reason. So I have to open this account.
My brief immigration history, my appeal right exchused on 13th March 2019 and I made FLR (FP) application on 19th March 2019 by using 39E and varied to set O application on 5th may 2019 by using 34B and got refusal 2nd August 2019.
I could have completed by 10 years lawful resident by 26th October 2019 but HO refused my application before that as I came here on 26th October 2009.
HO mentioned on the refusal that I didn't competed 10 years lawful resident because of my FLR (FP) application was voided due to variation of Set O application.
So HO consider me as a overstyer for 2 month because my FLR (FP) application was voided.
My barrister made arugement that I successfully varied my application and I used 34b. So I can't be overstyer during 19th March to 5th May 2019 and I used 39e to make application on time.
HO representative accepted this that if application successfully varied, I have lawful resident throughout current time and I have completed my 10 years lawful resident.
I have two questions to Admin,
1. Does my situation is similar to Junaid Ahmed and Masum Ahmed case ?
2. Does they had others grounds along with 10 years lawful resident?
My barrister made arugement regarding 34B and 39E and 276 and my others grounds.
She mentioned regarding Mr J and M Ahmed that UP didn't follow HO guidelines properly and it might get favourable decisions from higher court as HO 10 years long resident still Support us.

[Sunny024]

You are really lucky HO didn’t raise mausam and Junaid Ahmad in the court ,although judge could have refused based on Ahmad case law ,he didn’t interfere.
Mine was similar case ,Ho agreed I finished 10 years using 39e but judge refused !strange isn’t it !!
I’m sure HO won’t challenge it in the UT because HO representative agreed you finished 10 years on the court ,he won’t go back and change his stance.

Your barrister was right ,courts didn’t follow HO Ilr guidance on Ahmad case law ,Supreme Court should have its final say on this issue someday and put this matter to rest for good

All the best

[Raj450]

You are really lucky HO didn’t raise mausam and Junaid Ahmad in the court ,although judge could have refused based on Ahmad case law ,he didn’t interfere.
Mine was similar case ,Ho agreed I finished 10 years using 39e but judge refused !strange isn’t it !!
I’m sure HO won’t challenge it in the UT because HO representative agreed you finished 10 years on the court ,he won’t go back and change his stance.

Your barrister was right ,courts didn’t follow HO Ilr guidance on Ahmad case law ,Supreme Court should have its final say on this issue someday and put this matter to rest for good

All the best

HO might consider fresh claims with additional grounds .In my experience, my friends got 30 month visa from UKVI instead of ILR although his application was Set O application . He made application for Long residence but HO refused his application with right to appeal and he went for FTT and UP and COA ,all court refused his appeal. He made another set O application within 14 days by using 39e .he got visa for 30 month on human rights grounds. He made ILR application again and got ILR as completed his 10 years lawfully.

[Ports]

HELLO xes... mine is back to ho for reconsideration. mine jr is about certified n 276b so lets see what they gonna do.just waiting

Dear REM12,
Can I Please clarify that your case was a JR permission hearing on 02 October??? You did not have AR from HO??? when you say 276B, is this involve 10 year Long residency & 39E ???? (whether you applied 14 days after AR exhausted and varied to ILR ????)
Did the judge ask HO to reconsider it at the Permission hearing???? Please let me know the details.
Thanks

HELLO PORTS,
act my case is also same like ur1. tier1 refused n admin review also refused so 3c stops. within 14 days applied flr lr than vary to set lr. its for 10 years long residency and refused on same as out of time application and junaid ahmed case law with no appeal right. applied jr paper hearing refused so on permission oral hearing day, HO withdraw the case ,so no hearing and told they gonna reconsider n give fresh decision within 90 days. my grounds are on 39e ,276b and also in country appeal right, so now not sure what i gonna received !!!! just waiting for the decision.

Hello REM12, Have you heard from HO regarding fresh decisions??? I hope they have given you ILR. Please update us.

[REM12]

HELLO PORTS.
actually same refused with appeal right so mine case is on ftt and hearing is on june. how abt ur case? any progress? i dont understand is reported UT ahmed case says different , COA ahmed case law says different and despite all with updated policy guidance on oct/nov 2019, it remain same where gap is allowed when 39e applies and can be disregarded.lets see how it goes, and what they says about legitimate expectation ?

[Ports]

Hope This issue will be challenged in Supreme Court

Dear Sunny024,
Do you know whether Masum Ahamed is appling to Supreme court??? In his case as COA gave the permission to appeal against UT refusal of permission to apply for JR then CoA refused permission to apply for JR. In this case apparently Supreme case have the jurisdiction. so he can take the matter to Supreme court.
Please try to find this out.

[Sunny024]

Wrong information,mausam Ahmad didn’t get appeal permission to Supreme Court.

[Danish chaudhary]

Hi All,
I have come across to below email link which allow us to send an email to Prime Minister;

https://email.number10.gov.uk/

It does not look most beneficial but may worth to drop an email from every member to PM/No. 10 to announce amnesty for all those lived in UK for more than 10 years regardless of lawfully or continuously.
COA wrong interpretation to 276B has created a lot of problems and HO is refusing almost all application on the base of R ( ahmed) decision.

Thanks

[zimba]

Hi All,
I have come across to below email link which allow us to send an email to Prime Minister;

https://email.number10.gov.uk/

It does not look most beneficial but may worth to drop an email from every member to PM/No. 10 to announce amnesty for all those lived in UK for more than 10 years regardless of lawfully or continuously.
COA wrong interpretation to 276B has created a lot of problems and HO is refusing almost all application on the base of R ( ahmed) decision.

Thanks

It is never been about how long you lived here. It is about lawful residence. Even the overstaying periods will be ignored if you manage to regularise your stay. Courts have taken the view that anything other than that is abuse of the immigration rules which kind of makes sense

[Ali313]

Hi All,
I have come across to below email link which allow us to send an email to Prime Minister;

https://email.number10.gov.uk/

It does not look most beneficial but may worth to drop an email from every member to PM/No. 10 to announce amnesty for all those lived in UK for more than 10 years regardless of lawfully or continuously.
COA wrong interpretation to 276B has created a lot of problems and HO is refusing almost all application on the base of R ( ahmed) decision.

Thanks

It is never been about how long you lived here. It is about lawful residence. Even the overstaying periods will be ignored if you manage to regularise your stay. Courts have taken the view that anything other than that is abuse of the immigration rules which kind of makes sense

Hi Zimba , hope you’re doing well
If a person had submitted 1st application refused and then applIed for 2nd time fresh application which refused as well, And applied for the 3rd fresh application finally the applicant Granted Approval.
Can the applicant apply for 10 years LR as the applicant has now been granted Approval which regularised his stay ?
2 according to SAR his last application was submitted out of time , it means he was overstated ?
A short history of 10 years.
Applicant was entered UK in 2010. Spent time on Tier4 1.5 yrs , PSW 2 yrs ,Tier2 3yrs Then Tier 1 refused 2017, then again Tier1 refused in 2018 and on the third time application for Tier1 (entrepreneur) was Successful in 2019.
In March already completed 10 years.

Thanks in advance

[zimba]

No the lawful residence is broken

[Ali313]

No the lawful residence is broken

Thank you for responding to my questions

Even if it’s not the fault of the applicant. Is there anyway to ask by email or phone from HO wether the applicant is eligible or not ?

As the applicant always follow the procedure and time allowed by HO And never intentionally overstayed but the HO refused the case on wrong reasons and he did try to clarify but not given consideration what he urged, so he left with option to apply fresh application as he wasn’t aware of the challenging procedure of PAP and JR, So the intention was never to stay without a valid leave ...
even on third time application he explain in his interview that what has been done to him is unfair and I guess he perused HO to render a positive decision because he was genuine. As I personally know about some applicants their cases were refused on other grounds because they were “ overstayed” .

I’m only trying to find the best solution for him.

[Cattak]

there is an update on the Juned Ahmed PTA in Court of Appeal.

His Permission to Appeal has been stood out.

below is link

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

If any one has further information regarding it please share

thx

[Sunny024]

any update on court hearings?

[Omar2020]

Hi everyone,


I have contacted few counsels who are directly and indirectly related to two days appeals of the Long residence (276B) at the CoA on 28/29 July . As we all know the issues are very complex, and the SSHD is a tricky opponent! The feedback are summarised below


In terms of the 2-day hearing, they feel it went well overall. The judge's seemed to be mostly sympathetic to the interpretation put forward and there is one judge who was quite positive and another who is very fair indeed. So, they expecting a good outcome. But no one can know for sure until we get the judgment. 

[kumar123456]

Thanks for the update

[Omar2020]

It’s my pleasure.
We know that the CoA wanted to deal with this issue quickly, recognising that many many cases will be affected. However, apart from that, no indication. It might be that August is holiday period for one or more of the judges, and that is why no judgment has yet been handed down.

As Lord Justice Underhill is involved in this case , if he is writing the judgment, we can expect it to be published next month as he does not waste time and wanted a quick resolution to the situation. So, September is our best guess. 

[kumar123456]

Hopefully something positive

[Aea19]

Is there any update regarding the decision?

[Ports]

Hi All, We were told at a substantive hearing (LR case) in UT this week, that COA judgement will be out in October as one of the judges is on holiday. In facts hearing in UT was adjourned till this come out.

[kumar123456]

Thanks for the update

[sazonsezan]

Hello all,
i am also in same situation cause of 39e .HO certified mine but not my dependent. she got a appeal right on her flr fp application. so i have send a PAP but no response so planning to lodge JR. unfortunately recent case from coa seems no good.
but i feel as for all 39e cases cant we make a grounds on the 276A as a definition of ''continuous lawfully stay'' . its clearly written on 245AAA, or appendix ecca that lawful stay is unbroken when an application raise 39e rules. even recent judgement of COA mention abt it. As per rules, HO requirement for ILR in different categories can be different depend on individual but definition of ''continuous lawful residence'' or'' 3c'' or ''breach of immigration rule'' etc have to be same for all immigration rule and their policy. it was clearly mention on recent judgement.
COA is bound to give decision on the ground the appellant have raised. if 276B sub par i-v are separate and freestanding and both judgement on ahmeds case says that. what about definition of '' continuity and lawful'' residence mentioning unbroken if 39e applies on various other ilr route. can we argue on that basis?
i have little knowledge abt this ,so i say what i understand after reading the recent judgement, may be i misunderstood it . all gurus, Cattak , Sunny024 , vinny can you please clear it.

Ahmed (Masum and Juned) Case's are different. Immigration Rules -245AAA Clearly said Unbroken where Paragraph 39 Apply. As per the immigration rules 245AAA, if 39E broken then 180/540 should be broken because all stated the same paragraph (where 245AAA paragraph said 39E will remain Unbroken).

Both Ahmed were involved different issue.

We need to find Good Immigration Lawyers/ Barrister's.

[Msw]

Hi
Applicant entered in UK on Jun 2010 T4
Ontime applied PSW granted until 22 Aug 14
Ontime applied T1 Ent on 20 Aug 14 Refused
Appeal Exhausted 23 Nov 18 Court of Appeal
Again T1 Ent Apllied within 14 Days on 07 Dec 18
Decision waiting

Is anyone help that he can apply for ILR?
Is he 10yr Lawful contineous resident?
Thanks in Advance

[vinny]

Apparently, no, at least until T1 Ent is granted?