JR or appeal? Please advise

[paris7876]

Hello everyone,
I have been silently reading this forum for a long time and I have been reading stories that are similar to mine.
I would really appreciate some advice/comments from people who know. I will try to be concise and precise.

I arrived in the UK In September 2006. I held student visas and psw etc.I never broke the residency period and I had an excellent immigration history.

My last visa expired in Jan 2016( 7 months before qualifying period) I applied for a FLR( compassionate leave) because I was quite ill by the end of 2015( 3 weeks in the hospital ) and was not able to finish my MA dissertation.

FLR refused 28th April 2016. No right of appeal. Since I had never been refused or anything, I decided to seek help and I got a solicitor. We sent a letter to reconsider which was rejected.

I was then sent a s120 notice and a statement of additional grounds.( RED003 response) which was sent back to the HO july the 8th. As of yet no response has ever been received.

By the time I accrued the 10 years ( Sept 2016) we still had no response from the HO so I submitted an ILR application.
The solicitor argued that I am still under section c3 whilst waiting for the outcome of the RED003 response and the appeal which I should have been given, therefore, it counts towards my legal stay for the purpose of the ILR.

I have been sent many emails saying that my application falls under the normal time and I should expect an answer within the time frame. I should get an answer by the end of this month.

a month ago,the solicitor sent me an email saying that the HO had requested more papers about my illness.
They were EXTREMELY specific. They wanted a letter from an specialist in headed paper, all the credentials and registration number with the college of medicine etc.
also asking absolutely everything about my illness and if I can travel etc etc.
I freaked out but the solicitor said that these questions are standard?

I understand that they do not believe the GP and need proof so it is fine as I was able to send everything.

I am so worried they will refuse my application.
I just wonder what can be done next? if they do so, will I get the right of appeal?

please some thoughts!!!!

i

[zimba]

I am not sure on what basis you should have been given a right to appeal (not possible if applied on or after 6 April 2015)
Also how is it possible for you to have section 3C given that you have no pending appeal ??

[paris7876]

Thank you for your reply.

As I said. I have never been refused before so I gave no idea how it works and what the procedures are.

If No appeal, shouldn't I have gotten the right to an administrative review or something?
I got the letter with nothing. I even email the HO asking them and the emailed said to send application.

In regards to section c3 that's what the letter that the solicitor sent to the HO said.

So what are you supposed to get if you are refused?

Do you think I have a chance?
What can my options be if I am refused ILR? Will that give me the right of appeal ?


I am so stressed !!! So stressed. Can't eat, can't sleep!!!

Thank you for your answer

[Route to ILR]

Thank you for your reply.

As I said. I have never been refused before so I gave no idea how it works and what the procedures are.

If No appeal, shouldn't I have gotten the right to an administrative review or something?
I got the letter with nothing. I even email the HO asking them and the emailed said to send application.

In regards to section c3 that's what the letter that the solicitor sent to the HO said.

So what are you supposed to get if you are refused?

Do you think I have a chance?
What can my options be if I am refused ILR? Will that give me the right of appeal ?



I am so stressed !!! So stressed. Can't eat, can't sleep!!!

Thank you for your answer

U r in a very bad situation mate tbh. After flr refusal u have no section 3c, as no appeal right given. Your solicitor letter carries no weight at all. He is just making his money dragging your case to no where.

DO u have family here like wife and kids?

Chances of getting ILR under long residency are very slim. May be after seeing your medical evidence they grant u 30 months leave but again very rare that they give u any leave.

U may or may not get appeal right this time as well if they refuse your ILR application. Depends on the caseworker.

[paris7876]

Thanks for your thoughts.

I guess I will have to see and wait because yes they didn't give me the right of appeal when they refused the application and they served me with a s120 notice.
And one of the moderators here wrote this about s120

"A one stop notice is issued under section 120 of the Nationality, Asylum and immigration act 2002.

It allows you to states all the reasons why you should be allowed to stay in the UK, so all matter can be considered, and in the event of refusal, you will have one appeal.
We didn't send the papers on time following this and we never got an answer until I made a fresh application.

Wouldn't that be considered as a continuatioon of section c3?

All Complicated. I am just waiting. Should have an answer in a couple of weeks.

[zimba]

Wouldn't that be considered as a continuatioon of section c3?

No, based on what you described you have no section 3C and have been misled by your solicitor that you have some chance of ILR, even though you have not completed the 10 years legally to be eligible.
Your section 3C ended 28 days after your refusal and you should have applied for an AR within that time (given that you applied before November 2016 changes)
A section 120 notice will not change the fact that you remain an overstayer.

[paris7876]

Thank you for your reply.

I am really confused now.

After the refusal in April I emailed the HO administrative Review team to ask if I needed to lodge and Adminitrative review because the letter they sent me said nothing and they said no.

I got the refusal letter the 28th of April and I wrote to them immediately and I have proof of them writing back to me the 7th of May stating that.

That was why we sent the letter of reconsideration.


Can that be an error on their part?

Had the AR team provided me with the correct information i would have asked for the AR and therefore my section c3 would have continued?

Thank you once again.
I am in pins and needles !!!

[zimba]

It is up to home office to agree to give you the right to AR. Maybe as your FLR had no strong basis, they did not offer an AR option.
Even if they agreed, then AR would have extended your section 3C for like a month or so after which it would have been concluded, bringing the section 3C to an end. That could not fill up 10 months required for you to be eligible for ILR.
Sadly you really had no strong basis to remain in the UK after your visa expired.

[paris7876]

Thank you for your reply. I really really appreciate it

I didn't need 10 months. From the 28th of April I only needed 3 months.
Anyways, I am really preparing for the worst: a refusal.

As I said, a month ago they have asked for tons of extra information.

after the refusal, is there anything that can be done?

Just frustrated because I always had an excellent immigration history.
Thank you

[zimba]

Well even if they do consider you for a FLR, your 10 year legal stay in the UK is already broken given the overstaying. You can go through JR but I am not sure how strong your case is.

[paris7876]

Thank you!!!!

At least that is something!!!
I do have a very strong case I think. It all came down to when I was 3 weeks hospitalised and, therefore could not finish my maters so I needed more time. That's when I applied for FLRin January and was refused!!!
I will keep you posted.
I should get an answer(probably refusal) in a couple of weeks.!!!

Thank you once again!!!

[paris7876]

Hello guys.
I am not sure if I should have opened another thread or continue with the thread I started.

As I was expecting, my solicitor got the letter from the HO today refusing my application. I am gutted.

She just told me that the letter of refusal was very long but in shot it was because after they refused my FLR( O) at the end of April 28th( 28th August qualifying period) I had no leave and was therefore illegally here.

She will let me know tomorrow Whether we will go for appeal or JR.

To me, they were really unfair when they refused my FLR. Anyways this whole thing is centered on that refusal.
Because when I got it they said I had 14 days to raise new claims and we did. We got a refusal at the end of May.
Shouldn't my section 3c be extended until that day.
The solicitor even sent them something asking for the right of appeal and they never replied.
We waited and waited and they never responded so we then. Proceded to apply for ILR.

Do you think I should go for appeal or JR?
If I go for JR, what is the process?
Has anyone been successful?

Please send me your experiences.
Do people stand a chance with JR?

Thank you.

[jupiter2016]

@paris 7876, sorry to hear that about refusal, HO always playing games when they can see weak points ,, They will try to do everything to break us, we have never done anything wrong , always law abide residents...still they don't want us... so far my knowledge JR is hardly get sucesss..Even in my case they said they can't give SET (LR) decisions because our matter is in COA.. We asked for it with help of MP , even he got same reply. And suddenly they sent refusal even matter is still pending... ( they just wanted to keep fees).. I know my case is complex, and I have a long way to go ahead...uphill..

[paris7876]

Thank you jupiter2016,
I know what you mean. We were like 99%close and then something happened.

My solicitor will write to me tomorrow telling me what the best option it is:

She didn't even tell me if I had gotten the right of appeal.

I have been trying to read all day about JR and all that. I will know tomorrow what we will do.

I think we will base it on the refusal of FLE last year and how they should have given me the right of appeal or something and they didn't.
We sent documents and new grounds during the time they asked and all sort of things and they NEVER replied.
That was unfair and irrational and had they responded accordingly, my section 3c would have continued.

What's your situation now?
Did you apply for JR?

How long has it been since you are waiting to hear from the court?

[zimba]

Sorry to say but it seems you are in denial.
As discussed above, your section 3C ended after your FLR was refused initially without any right to appeal. It is irrelevant that a letter said you need to raise any new claims. That letter is sent under section 120 of the Nationality, Asylum and immigration act 2002 as HO needs to ensure that your possible removal would not breach your human rights. However that letter does NOT mean your section 3C would have been extended or you get a pass to raise any claim you want or the time waiting for them to possibly reply to your claims will get you some protection in which you magically fill up your 10 years.
You have been clearly and shamelessly misled by your solicitor to believe that it was the case and you were magically eligible for ILR, but in fact your were overstaying for months and months. Your solicitor must have known that the time waiting for them to potentially reply to an letter will not be counted towards any ILR as you NEVER spent 10 years lawfully here anyway. That is not how the immigration rules work and any solicitor who does not know this is either a fraud or completely clueless about the law.

Unfortunately I do not see any basis for a JR either but given your solicitor, she probably will tell you that if you give her several thousands of pounds more, you get something in JR.

[paris7876]

Thank you for your sound input zimba88.

I am not in denial and I completely understand what you are saying. I am not stupid.

The point that I was SIMPLY trying to make( and was asking questions about) is that the FLR refusal was unfair and irrational and therefore I should have been given the right of appeal or to at least an AR which would have continued the section c3
That's all.

[jupiter2016]

Hi paris7876, I am totally agree with zimba. Solicitors just making money, and they don't look at chances... Even in my case also same, if they had gave me right of appeal , I would have ILR now but HO seems very hard with straight forward people.. Just our luck! I can understand your feelings...My last option will be make fresh application on basis of 7 year's child resedence .. which will take me another 10 years to settlement....I still don't know what is written in my fate..Any suggestion or really appreciated from any other member or GURU. Regards.

[paris7876]

Yes I know.
My solicitor has officially ditched me today. Saying that they have never done a JR so I need to find a firm that does it.

They just sent all the papers back to me today so I haven't seen the letter yet. All I was told was that I got right of appeal outside the UK.
I have contacted some firms with the prospect of JR. One is suggesting to go back to the 1st refusal last year and raise that as an issue with the HO as this ILR refusal is the consequence of the FLR( O) refusal.
They are studying my case to see if we can go to JR.

Also they are saying that we might be able to get to the solicitor for not advising me that my section 3C would end if I didn't make a fresh application instead of just misleading me.

Like YOU I had never been refused so when I was refused for the 1st time I didn't know what to do and seeked legal help.

Who knows what is going to happen.

I am waiting for a concrete and sound professional advise

I will keep you posted!!!!