APPEAL RIGHT FOR ILR 10 YEARS ROUTE IS STILL THERE?

[vut88]

Do you know anything about appeal right for 10 years ILR application?

[paris7876]

Hello,
I wonder the same thing.
So much has changed and New laws have come into place.

What's your situation ?

[Mrchaany]

22. You have the right to appeal if this application is refused.

[zimba]

There are no appeal rights if you applied on or after 6 April 2015, except for some human rights cases.

https://www.gov.uk/immigration-asylum-tribunal/overview

[Mrchaany]

set(LR)
Guidance clearly mentioned under section 22 that 22. You have the right to appeal if this application is refused.
Please checke it.

[Route to ILR]

set(LR)
Guidance clearly mentioned under section 22 that 22. You have the right to appeal if this application is refused.
Please checke it.

It depends on the caseworker. If he certifies your case (means no basis) than no appeal right. If he thinks your case has some basis and raise human rights ground than yes.

I knew few people who got appeal rights and few didn't.

[zimba]

set(LR)
Guidance clearly mentioned under section 22 that 22. You have the right to appeal if this application is refused.
Please checke it.

Again, if you read the link I shared above unless it involves human right cases, you get NO right to appeal a Home Office decision.

[Mrchaany]

please check Long residency ILR Guidance UKVI have mentioned that their is appeal right.

[paris7876]

Sorry to be daft but what would entail for example human rights?
This is very confusing because it means that it is not objective and fair, but rather the caseworker has the power to give you or not the right of appeal or JR.

[Ali272]

https://www.gov.uk/government/uploads/s ... _11-16.pdf

Page 6 of the guidance:

You have the right to appeal if this application is refused.

[Mrchaany]

Yes for 10 year route
Not for 5 year route

[paris7876]

I have submitted an application under the 10 year route.

Honestly all this is so confusing. Is the right of appeal automatic if your application is refused? ( 10 year)


* Or does it still depend on the caseworker giving you the right of a JR?

I had no idea all this is so complex and that different rules apply for the 5 and 10 year route respectively.

[jupiter2016]

Me and my partner came to Uk in April 2006.

All visas ( Tier -4 & PSW) extended well in time without any refusal untill March 20th, 2015.

During these time I have completed MBA and CIMA quialified.

Submitted FLR-FP application on First week of March, 2015 .(At that time right of appeal was given)

Two UK born kids :​1).November 20008

​​​2- October 2015

My Son , made two visits to India :

​1st visit between 2009-10, for 229 days

​2nd visit between 2010-11, for 302 days.

Since September 2011, he is in th uk. He is doing really good in study and other curriculum activities.

During these time I was doing my master and also going through some severe illness with hospitalization , for that i am on medication for lifetime. Also need to visit specialist on regular basis.

While my son had his visits to back home, he was sufferring from illness and unable to travel and was also on regular medication until today..

Septmber 2015, we got our refusal on FLR-FP, certified our human rights claim with out In Country right of appeal.At this point we needed only about 5-6 months to complete10 years. ( life's biggest mistake that didn't make another application )

Sep 2015, sent Pre -Action protocol, resulted in negative and served with IS 96 (since then reporting every month , till date) .and no right to work as well.

We also tried paper based appeal and JR hearing, turned negative.

We also went for oral hearing at Upper Tribunal , refused as well.

Now our case is live in COA since Feb 2016, for permission to appeal the decison to refuse permission to claim for judicial review. Awaiting a judicial decision on the papers .

Meantime, we applied for Set -LR, at PSC - Sheffield on October 2016 and refused again.no mention of right of appeal! Same copy paste refusal as FLR -FP application. Permission to appeal set for oral hearing in end of this this year in COA.. Sometimes thinking I am the most unfortunate person .. Only god knows where I will be end up!
There are very kind hearted people in this forum giving their valuable suggestions and advice. We can't forget their willingness to share their knowledge and experience!! believe in God! He never does anything wrong to kind hearted people.

[Route to ILR]

https://www.gov.uk/government/uploads/s ... _11-16.pdf

Page 6 of the guidance:

You have the right to appeal if this application is refused.

U r right. In guidance they said it but what is happening in reality see Jupiter post even he got his family here.

[Route to ILR]

I have submitted an application under the 10 year route.

Honestly all this is so confusing. Is the right of appeal automatic if your application is refused? ( 10 year)


* Or does it still depend on the caseworker giving you the right of a JR?

I had no idea all this is so complex and that different rules apply for the 5 and 10 year route respectively.

.

It is not automatic i am afraid. See Jupiter2016 post. It solely depends on caseworker.

JR (Judicial Review) is something else. If someone application is refused without in country appeal right. They can file JR application directly to the high court. Nothing to do with home office or case worker. JR is not appeal right but u r seeking Justice from court because HO refuse to give u visa or appeal right.

Before filing JR u send PAP(Pre Action Protocol) Letter to HO legal dept that HO refuse your visa wrongly and not giving u appeal right. Than HO legal dept look into your case. If they think u have a strong case they offer u not to file JR and they will send your case back to HO for reconsideration then u will say to them to give u appeal right if they refuse u again. If they agree than u stay calm and wait for HO decision. If they don't agree than u again threaten them to file JR. It all depends on your case merit.

On the other hand if HO Legal dept refuse your PAP it means they think your case has no merit and than u have n option left but to file JR.

Keep in mind if your JR refused by the court u have to pay HO legal cost as well. If u win than they will pay your legal cost.

HO can detain u and deport u while your JR in process. But they r not that cruel but in some cases they treat people very harshly.

[imii]

SET(LR) or 10 years does have right of appeal it comes under human rights .. so applicant will be given right of appeal .
I applied ILR on bases of 10 years- Home refused my application but they gave me right to appeal .

[paris7876]

Thank you all for your comments and experiences.

Jupiter2016 case is a little more complex than mine. When he applied in March 2015 he had Almost a year before the qualifying 10 years.


PS: what's COA? Sorry I am not familiar at all with the lingo of immigration

Anyways, I am just waiting for the HO flatout refusal. I am writing tomorrow to my solicitor to ask concrete procedure in case on refusal so I am prepared moneywise and document wisely

Question: if I am refused now, is it possible to go back to very first refusal of FLR (O) which in turn means that they should have granted the extension?
And what happens if you go to JR? If you have a court hearing?

Anyone with positive outcome?

Please share your experiences.
Some of us are on the same boat !!!

[Route to ILR]

Thank you all for your comments and experiences.

Jupiter2016 case is a little more complex than mine. When he applied in March 2015 he had Almost a year before the qualifying 10 years.


PS: what's COA? Sorry I am not familiar at all with the lingo of immigration

Anyways, I am just waiting for the HO flatout refusal. I am writing tomorrow to my solicitor to ask concrete procedure in case on refusal so I am prepared moneywise and document wisely

Question: if I am refused now, is it possible to go back to very first refusal of FLR (O) which in turn means that they should have granted the extension?
And what happens if you go to JR? If you have a court hearing?

Anyone with positive outcome?

Please share your experiences.
Some of us are on the same boat !!!

@imii In your case they grant u appeal right. but in jupiter case they didn't. I know few poeple who got appeal right some didn't. So its not 100% that u get appeal right if u file set lr and refuse.

COA means Court of Appeal.

[paris7876]

Thank you. I am honestly just waiting for the refusal. I will write to my solicitor tomorrow so I am prepared for what's to come.

Thank you for the COA. Good to know all this as I will probably be hearing that a lot.

[jupiter2016]

My biggest mistake was that I didn't submit another application after they refused and certified my FLR FP in September 2015. ( until that time my 3C was continued). Needed only 5-6 months to complete. At the time of the application (FLR-FP, before April 10, 2015) they were giving right of appeal, I was given assurance that I will get right of appeal if I go for PAP, JR etc.... so, dear friends ,, be careful do some homework, reaserch, get proper realiable advice who have experience with current volatile conditions.and above all believe in yourself and trust in god... I was on brink of the ILR..but it's looks now... God knows... so this is my story.. and I will keep fighting..

[paris7876]

Jupiter2016
I know exactly what you are going through because I was also 3 months away from the 10year and because the HO never replied to the solicitor I don't know what's going to happen.

I think exactly like you. I am fighting until the end because I have invested too much in this country ( financially and emotionally) to leave now. I have followed all rules and never done anything wrong.
I reek really let down by the system. Sometimes I feel like ileg people have more rights.

What are your prospects?
What is it that you are waiting for now?
What's your next step?
Is ir possible to finally get ILR?
I get confused between appeal and AR And JR.
I don't know who gets what and here do they take you in terms of achieving what we need.

Imagine. You got refused and you have children here. I am
By myself with no family here so you can only imagine that theh will like to kick me out.
They even refused me the right to rent.

Keeps us posted. We are kind of on the sand boat!!!

[jupiter2016]

@paris7876, I don't know what is in my fate? I have done whatever I could to fight my case... My point in COA about right of appeal, as my in time application before April 2015. Any one has any idea what out come could be? Really appriciate any one want to share their knowledge or experience!

[jupiter2016]

Dear members and moderators! please any idea or suggestion regarding outcome from COA ?

[paris7876]

Jupiter2016,
Your situation is already 100% better than mine. You have a child. I don't have family or children.
I really hope you can get this sorted out.
I have the same situation as you.
I would have applied for something else to maintain section 3c had I been properly advised.

[Route to ILR]

@Paris So u didn't get in country appeal right after your set lr refusal.

First of all people who were 100% sure that u will get appeal right shed some light on your case now that why

u didn't get appeal right.

My advise to u is don't waste your time and money on JR if u have no family here. I don't think they will give u

any relief. I know a person whose PAP is refused in 4 days. Same case like your's. They r very fast in dealing pap and Jr these days.