Won Appeal, Home Office onward appeals

[Dyamonde]

Hi everyone,

I'm new on here, read through similar threads but haven't found a case like mine. My case is complex, so I would summarise.

I made an out of time application under private life in July 2013, my application was denied with no right to appeal because I'm classed as an overstayer even though they accepted our relation was genuine and separating us would case some distress. I contacted my local MP and I got a letter stating I could now appeal.

I appealed this decision and won in September 2013. The home office applied for permission to appeal because they disagreed with the facts but as they didn't have a reason within law, the permission to appeal was dismissed.

I received another letter to say they were seeking permission from the upper tribunal to appeal, we still haven't heard the decision yet.

Whilst my case is ongoing, I have been reporting to one of the immigration offices weekly, they said its a precaution so I don't run away, more to keep tabs on people really.

I was wondering what are my rights after winning my appeal and since my situation has changed from an overstayer, to winning my appeal, do I still have to sign in weekly or can they change my visit to monthly instead.

Also having read immigration's guidelines on appeal, if the first tribunal and upper tribunal dismisses their case, they can't appeal further but they do find a way to keep seeking permission all the way to the highest court.

My immigration matter has been ongoing for over 3 years, so you can imagine our frustration on the case being prolonged by unnecessary appeals, we were hoping after winning the appeal, we could start the new year with a new slate.

Does anyone know of other similar cases where the home office have appealed several times but the appealant still won their case? How long did it take? If the upper tribunal dismisses their permission to appeal, would writing a letter to the reporting office help in changing my reporting schedule?

Thanks in advance to all who responds.

[Ayyubi72]

Many times applicants keep winning and many a times HO keeps winning. It depends on the case, not just a statistical game.

Until the judicial process goes on, there is nothing you can go.

HO will not change your reporting restiction until the case comes to an end and you are actually granted leave.

[Dyamonde]

@Ayyubi72, thanks for responding, hopefully the wait would only be a few more months, this year has been particularly stressful with the back and forth.