Hearing date for ILR refusal appeal is confirmed

[Ilrang2]

Hi,

I received the letter confirming the hearing date. However, I would like to check if my case is still valid. Last year june, I applied for the ILR after 10 years residency. The main reason to reject the application was due to the number of days out of UK.
They gave me the right to appeal and I lodged the case.
When I lodged the case, I still had visa valid till 28th sep 2016.
Anyway, I had to leave UK for a bit due to the job.
While I was away, I asked the lawyer if I should return before my visa expires and if it is problem for me not being in UK.
My lawyer kept saying that they are looking into it and the answer was that they dont know if Me not being in UK matters to the case and it is okay for me to be outside of UK.
Anyway, I couldnt return to UK before my visa expires and came back a few times for work. I got stopped at the board control but was always allowed in. I dont need a visa to come to UK (South Korean).

I actually found out that I should have not left UK at all after the appeal is lodged and enquired this but no one seems to know what is going on with my case. Cos it should have been considered as abandoned and will be invalidated?

I just got the hearing date and they are requesting the documentations. I would like to have advice on if I shouls go ahead with the hearing? If the hearing date is set, does this mean my case is valid?

Many thanks in advance for the advices!!

Han

[Obie]

Section 104(4) of the Nationality Immigration and Asylum Act 2002, was omitted by the Immigration Act 2014. So your absence will not impact your appeal. See Paragraph 47 of Schedule 9.

[Ilrang2]

Hi Obie,

Thank you for response and clarifying this!
Some lawyer told me that I was supppsed to stay in the country to make up the missing days to the hearing. Is it true?
Got some quotations from lawyers and im considering if it is worth while to go ahead with the appeal. Is there a chance for me to win?

Best regards,
Han

[marcnath]

Hi Obie,

Thank you for response and clarifying this!
Some lawyer told me that I was supppsed to stay in the country to make up the missing days to the hearing. Is it true?
Got some quotations from lawyers and im considering if it is worth while to go ahead with the appeal. Is there a chance for me to win?

Best regards,
Han

When you came in after your Visa expired, what did the IO stamp on you passport as the entry condition and duration ?
If my understanding of the immigration rules are correct, then when you entered on a different entry clearance from the one your original Visa was issued, the original visa was invalidated.
For example, even after you get your ILR, if you enter on a tourist visa (no reason why you should), the ILR becomes invalid.
That may not impact your appeal as such, but that would mean your continuous stay would be broken. So, if the appeal is unsucessful, your stay clock starts again.
I could be wrong about this.

[Obie]

Continuous residence is not affected by entry in different category, so long as the leave is continuous, the person will be fine.

[Ilrang2]

Hi,

If so then, is it worthwhile to pursue this appeal?
Is there any chance to win? should I go ahead?
One lawyer came back to me saying that there is no chance.
Another said there is some possiblity. I dont want to bet on something If there is very slim chance...


Thanks,
Han

[Ilrang2]

Hi,

I would like to ask about the letter I received from the home office.

They sent the bundle to my lawyer. while I was looking I noticed that there is a statement below.

"if the appellant was notified in the decision under appeal that she is entitled to remain in the uk until her appeal is concluded, then she is not required to leave the United Kingdom as long as this appeal is pending. However, if the appellant decides to embark, the appeal will be treated as abandoned under section 92 (8) of the nationality, immigration and asylum act 2002. "

What does this mean? Does this mean I am supposed to be in UK?

Sorry to be a pain but can someone make this easier for me to understand?

Thanks,
Han