ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

I am in big trouble,worried about cofusion on appeal process

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
meet2mustafiz
Junior Member
Posts: 99
Joined: Wed Oct 23, 2013 1:04 am

I am in big trouble,worried about cofusion on appeal process

Post by meet2mustafiz » Tue Apr 21, 2015 5:57 pm

Pls pls guys give me some advice.I am in big trouble,very very worried.I will highly appreciate for your help and advice:

I am in very difficultly position.I was a student,living in UK with my wife and 2 year old son.My visa was refused on human right ground.My appeal's hearing in First Tier Tribunal was on June 2014. 5 month before the hearing date on last January 2014, I changed my solicitor and present solicitor informed Home Office and tribunal about the changes and he represent me in the hearing.I did not knew the decision until I phoned Tribunal on 2nd week of August 2014 ,they told me Tribunal dismissed my appeal on first week of July 2014 and I was also shocked when they said they sent determination letter to my previous solicitor's address.
After many correspondences with Tribunal,Tribunal re-issued decision letter on first week of December 2014.

Then we sent permission to appeal for Upper tribunal to First Tier tribunal within 14 days.Now they are saying they haven't received my permission to appeal for Upper tribunal.but my solicitor said he have proof,he have the receipt from fax machine that he sent the permission to appeal.now he is contracting with First Tier Tribunal.

First week of august 2015,I will qualify to apply ILR on 10 years ground.I am very much worried that Home Office could say I have the gap in continuous residency during appeal process.Because I have 2 issue during appeal process .First issue:according to home office I did not appeal in time,they don't know tribunal sent my determination letter to my old solicitor's address.To rectify those issue what is the procedure to let Home Office know that I changed my solicitor before hearing and present solicitor informed Home Office and tribunal about the changes and he represent me in the hearing(my solicitor have those evidences) and 2nd issue: my solicitor sent the permission to appeal in time and he have proof,he have the receipt from fax machine as evidence.Before applying for ILR I have to sort out those confusion with Home Office.Pls experts tell me how can I over come from this situation ?
I will highly appreciate for your help and advice

goga12
Newly Registered
Posts: 11
Joined: Mon Apr 13, 2015 4:27 pm

Re: I am in big trouble,worried about cofusion on appeal pro

Post by goga12 » Wed Apr 22, 2015 11:49 am

I might be wrong but in my opinion, the gap question is now down to you winning the appeal or loosing it. If you lose it, it will be counted as a gap and if you win, it will not be counted as a gap.
This is my own opinion and I do not have a fact or a policy link to support it so i could totally be wrong.

Locked