Case refused on Human Rights--Right of Appeal

3stars · Post by **3stars** » Tue Sep 03, 2013 9:48 pm

My husband applied on FLRO with me and 3 children in last week of May 2012. We remained legal throughout, and it was last extension applied before student visa expired. One child was over 18 at the time of application. Our solicitor varied the application in Dec 2012 according to the new policy of 7-year family life. My husband completed his ten years last week ( we will complete 10 years in JUl 2014). The solicitor was not willing to apply on 10-year basis for my husband coz according to him there might be complications and UKBA will treat my husband and ours case separately and it could be a breakage in 10-year period of dependents and advised to wait for decision.

As soon my husband completed 10-years, they refused the case after 2 days ( informed by our solicitor today) but gave the right of appeal. The eldest child is 19 now and going to start Uni this year but he spent less than half of his life in Uk, (he completed 7-year here before turning 18.

Now we are really worried as what to do next, and what will be the outcome of appeal and how much time will it take. Can we apply Husbands ILR on 10-year basis now or we have to wait again till the final outcome.

Please advise

wpilr_nov12 · Post by **wpilr_nov12** » Tue Sep 03, 2013 11:39 pm

looks like the lawyer is trying to milk more money from you. I have a feeling that the lawyer was waiting for your husband to complete 10 years before giving you the bad news.

1. have you actually seen the decision letter?
2. when did your husband's visa expire?
3. what are the expiry dates for rest of family members visa?

3stars · Post by **3stars** » Tue Sep 03, 2013 11:49 pm

Thanks for your reply.

1. Yes. he send us a scanned copy, the date is after 10 year completion.
2. My husbands visa expired on 31/5/2012 and rest of the family as well on the same date.

3stars · Post by **3stars** » Tue Sep 03, 2013 11:49 pm

Thanks for your reply.

1. Yes. he send us a scanned copy, the date is after 10 year completion.
2. My husbands visa expired on 31/5/2012 and rest of the family as well on the same date.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Sep 04, 2013 2:18 pm

what is the date of refusal letter?

3stars · Post by **3stars** » Wed Sep 04, 2013 2:50 pm

Exact dates are:

Completed 10-years 16-08-13
Refusal letter dated 21-08-13
Received by solicitor 27-08-13
Informed us 03-09-13

3stars · Post by **3stars** » Wed Sep 04, 2013 2:54 pm

Exact dates are:

Completed 10-years 16-08-13
Refusal letter dated 21-08-13
Received by solicitor 27-08-13
Informed us 03-09-13

Post by **Obie** » Wed Sep 04, 2013 4:41 pm

He should have varied the application. It was wrong for him not to have done so.

You reserve the right to apply under the 10 years rule. He clocked 10 years while he was covered under Section 3C. The decision was made after her had clocked 10 years of lawful residence.

There is a good prospect of success for his appeal.

3stars · Post by **3stars** » Wed Sep 04, 2013 8:41 pm

Thanks Obie

We are going to appeal and will update the forum.

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Case refused on Human Rights--Right of Appeal