Court Hearing in 4 weeks

[Arslaan]

As per title, I have court hearing in less than 4 weeks regarding my immigration matter.

History of my case
1) Septmeber 2006 -Granted Leave to Enter UK as Student until August 2008
2) October 2008 - Got extension as Student until November 2009
3) April 2010 - Got extension as Tier 4 General Student until November 2011
4) January 2012 - Granted Leave to Remain in UK as Tier 2 till September 2014
5) December 2012 - Applied for Tier 1 Entreprenuer (application refused in December 2016 - Appeal right given)
6) Applied under Long residency rule as I have been in UK lawfully for over 10 years.


I have three children who were born here in England. My first child holds the British Passport now (granted in September 2017).

At the moment, I have two cases pending. One is for tier-1 entreprenuer rejected because of TOEIC scam intially but then granted me the points for language but not for £200k funds (which were initially awarded). Other is for my LR in England.

Now due to HO accusing me of deception for language asked me to come every month for reporting at their office which I am attending for last 3 years. (Next siging date is same as my court hearing date. I did inform reporting officer that I won't be able to attend it due to my court hearing but she was persistant that siging is more important than attending court hearing )

Anyways someone told me there is EEA route to take which costs way too less compared to LR route (£60 vs £2297 per applicant)

Need advise. Thanks

[Casa]

According to your posts, you don't appear to have any connection (EEA national family members etc) to enable you to apply under the EEA route to settlement.

[CR001]

How did your child get a British passport??

[Obie]

Given OP's case, it may well be the case, that OP has registered one of his children under Section 1(4).

If you do have a British child, then the IS96 may well be unlawful.

[Arslaan]

How did your child get a British passport??

My daughter tured 10 in May 2017. I applied for British Citizenship, once granted I applied for British Passport.

Given OP's case, it may well be the case, that OP has registered one of his children under Section 1(4).

If you do have a British Card, then the IS96 may well be unlawful.

How can I challenge IS96 and get rid of it??

[Arslaan]

Update on hearing

HO asked for hearing to be adjourned because of change in circumstances. They wanted unlimited time to consider and I gave 4 weeks time.

Judge said next hearing in 10 weeks (keeping in mind 2 weeks off for xmas and new year holidays)

Next hearing is on 1st February 2018

[Arslaan]

Update Feb 2018

My court hearing was supposed to be on 1st February and I was very hopeful that all this misery and waiting will be over on the day by getting decision in my favour but just before the hearing date I received letter from Tribunal (30th January 2018) that hearing has been adjourned (by both parties agreement - I never agreed though) as HO wanted more time to reconsider the application.

Now I have received another court hearing date i.e. 8th June 2018 which is exactly 26 weeks away from my initial hearing which was on 14th November 2017.

I am so frustrated and angry, got no words for describing it. Is there any law which gives us the right to make HO feel the same how they do with us or we have no rights?

I wish I would have taken Asylum route like everyone else do and chances are I would have been the citizen by now.

Came into this country legally in 2006. Been law abiding citizen since then. Studied here, worked here, payed my taxes but now it looks like all that is wasted.

[Arslaan]

Update: 11/06/2018

My solicitor got call from HO that they were issuing me "Discritionary Leave" for 30 months and there is no need to attend court on 8th June 2018 a day earlier.

I have received resident permits for myself and my spouse but not for my two young kids. My eldest one is already naturalised as British Citizen and hold British Passport. I am still waiting to recieve any documents from HO to read and understand why I have been given discritionary leave and not ILR.

Can anyone help what could be the reason for not considering my ILR as I have been in the country since 2006 legally?

Thanks

[Obie]

You ought to have pursued the appeal against the refusal. I can only hope that your lawyer did not withdraw.

[Arslaan]

I asked something else

[Arslaan]

I have been given 1st DL till 2020 (Non Asylum based). I been in this country LEGALLY since 2006, as per information on following link, does it mean I'm eligible to apply for ILR straight away?

https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave

Also as I have been given DL now, someone told me I can claim all the fee's I have paid in between since my original application was submitted back in December 2012. Is it true?

[Arslaan]

Anyone who can shed some light on the information I am looking for?

[Arslaan]

Still waiting for the information if I am eligible to apply for ILR or not.

[hina_pirzada]

Hi, I have read your situation. Your main case was about ILR which was refused because of your TOIEC exam. HO assumed that you used deception. Kindly read HO guidance about ILR and suitability criteria S-LTR 1.1 till 1.7 and S-LTR 2.2 till own wards.

If you fall under any suitability so Home Office has right to stop you issuing ILR and issue you DL.

I don't understand who withdrawn appeal you and HO. Check with your solicitor. Your problem is you didn't prove your innocence about your TOIEC test.

[Arslaan]

Hi, I have read your situation. Your main case was about ILR which was refused because of your TOIEC exam. HO assumed that you used deception. Kindly read HO guidance about ILR and suitability criteria S-LTR 1.1 till 1.7 and S-LTR 2.2 till own wards.

If you fall under any suitability so Home Office has right to stop you issuing ILR and issue you DL.

I don't understand who withdrawn appeal you and HO. Check with your solicitor. Your problem is you didn't prove your innocence about your TOIEC test.

Let me break it down for you

My main case was for Tier-1 Entrepreneur, not ILR.

Yes, it was refused due to TOIEC scam but then accepted and awarded the points for language later.

How are you suggesting it was my problem to prove innocence about TOEIC test?

[hina_pirzada]

Ok if toeic issue was resolved so what was acctual problem in ILR long residency route? If your appeal was in Pending with HO so before apply to ILR you need to withdraw your appeal first. This happen with one of my friend when his appeal was in pending and he completed his 10 years. So the change of circumtances he asked HO to varied his application and withdrew his appeal and than went to same day service.