Hello everyone.
It’s been 5 weeks my appeal is allowed by first tribunal and I am waiting for my visa but I am not sure what visa will be issued because of below scenario, so if any one can guess!
I came in June 2007 on student visa and then got PSW until 2012. I applied for Human right visa before expiry of my PSW in 2012 because my wife at that time had discretionary leave. Application was refused my home office in December 2014 with right of appeal and got hearing date in August 2015. Appeal was also dismissed and I went to upper tribunal and upper tribunal also refused.
I was send notice to leave the country within 28 days on March 2016.
Within these 28 days I applied ILR on SET(LR) in April 2016 even It was only 8 years and 9 months.
Home office refused application in Oct 2016 but again they give me right of appeal. In refusal letter they said at the time of decision u completed 9 years and 3 months of continuous lawful residence so you don’t qualify.
I appealed and got hearing after 11 months in September 2017.
While waiting for hearing I completed 10 years in June 2017 as well and wife also got ILR March 2017.
In court I told my circumstances are changed now
So judge allowed my appeal on both immigration and human right basis. Judge did ask home office about section 3c implication about my case but home office solicitor wasn’t aware. So that’s why judge has mention this in his letter that applicant has completed 10 years of continuous lawful residence.
Can anyone please
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