Discretionary leave

[jasyjen]

Hi!
I appealed for leave to remain in UK under article 8 and was refused by UKBA under paragraph 276 ADE Of the immigration rules. I have a fiance but we haven't live together for 2 years although we have known each other nearly 3 years. My appeal was allowed under Article 8 private and family in first tier tribunal. But I've read somewhere that UkBA can challenge the decision made bu the judge. How will I know if they are going to challenge it and appeal on Upper Tribunal? Determination promulgated on 30 Aug 2013. On the judge's proceedings, he stated that he's mindful that we haven't lived together for 2 years however it is crucial that we were not able to get married as my passport was held by the respondents and had this been released I may have been in the position to make an application as spouse. He also stated exceptional circumstances."I therefore find that this appellant should be granted exception leave limited to a period of 2 years and that her passport be released to her to enable her to make an application as required under the Immigration rules". Is this what they call directions and recommendations given by judge coz I am a bit confused. Does it mean that they will grant me discretionary visa and when they relase my passport we will be able to get married and from then can I apply as a spouse while on discretionary visa? Thank you.

[Choc-Ice]

Hi!
I appealed for leave to remain in UK under article 8 and was refused by UKBA under paragraph 276 ADE Of the immigration rules. I have a fiance but we haven't live together for 2 years although we have known each other nearly 3 years. My appeal was allowed under Article 8 private and family in first tier tribunal. But I've read somewhere that UkBA can challenge the decision made bu the judge. How will I know if they are going to challenge it and appeal on Upper Tribunal? Determination promulgated on 30 Aug 2013. On the judge's proceedings, he stated that he's mindful that we haven't lived together for 2 years however it is crucial that we were not able to get married as my passport was held by the respondents and had this been released I may have been in the position to make an application as spouse. He also stated exceptional circumstances."I therefore find that this appellant should be granted exception leave limited to a period of 2 years and that her passport be released to her to enable her to make an application as required under the Immigration rules". Is this what they call directions and recommendations given by judge coz I am a bit confused. Does it mean that they will grant me discretionary visa and when they relase my passport we will be able to get married and from then can I apply as a spouse while on discretionary visa? Thank you.

The HO have 5 working days from the date of receipt to appeal the decision in the UT. If they do decide to appeal you will get a letter notifying you that they have appealed the decision!

If you don't get any notification of appeal then Ho will issue with the visa as instructed by the judge

I therefore find that this appellant should be granted exception leave limited to a period of 2 years and that her passport be released to her to enable her to make an application as required under the Immigration rules".

You will be able to apply for FLR-M when you have the LTR!

[jasyjen]

Thank you for your reply. I'm just a bit worried I didn't know that they can also appeal in UT but hopefully they will issue my visa. What happens next if they will not appeal? Do I expect any letter like biometrics or further instructions?

[peppekalle]

Thank you for your reply. I'm just a bit worried I didn't know that they can also appeal in UT but hopefully they will issue my visa. What happens next if they will not appeal? Do I expect any letter like biometrics or further instructions?

If they choose not to appeal they will send you a letter with further instructions so they can implement the appeal.

It will probably take 3 months or more for them to issue you with your papers.

[Choc-Ice]

Thank you for your reply. I'm just a bit worried I didn't know that they can also appeal in UT but hopefully they will issue my visa. What happens next if they will not appeal? Do I expect any letter like biometrics or further instructions?

Sadly they do have the option but it's within the 5days , Hopefully they wont appeal in your case.

If you haven't done any biometrics with your application, they will write to you to say they've decided to grant you leave based on your appeal and you will need you enrol your biometrics at the nearest PO! The rest is easy as ABC....

[jasyjen]

Normally if they appeal, how long before I get the notification coz it's more than 2 weeks now since the receipt? Im really worried...

[Choc-Ice]

Normally if they appeal, how long before I get the notification coz it's more than 2 weeks now since the receipt? Im really worried...

You can count 5 working days from the date of the appeal determination..There's no need to worry as its already 2weeks! No news is good news in your case

[gunwa01]

Hello jasyjen,

Pls can you tell us how long you been in UK and do you have a visa at the time of your application or overstayer.

thanks