MY ILR hearing at first Tier Tribunal

[taz01]

Hi Members,

I need Help please!!
My ILR application was refused last year in July 2016. I applied as a SET(LR) on the basis of Long residency.

My Brief Immigration history
I entered the UK in Feb 2006 as a student, (Visa Granted from 24 Jan 2006 to Dec 2009)
Applied for student visa Granted from Jan 2009 to Dec 2010.
Applied for PSW, Granted from Jan 2010 to Dec 2012.
In Dec 2012 I applied for Tier 1 Entrepreneur, Application refused
Lodged IN TIME appeal in 2013. appeal dismissed and Upper tribunal Permission refused on 14 Feb 2014.
Applied for Fresh Tier 1 Entrepreneur Application which was also Refused on the basis of an Interview.
Sent PAP and Judicial Review Lodged and Refused at Oral permission hearing.
Court of appeal also refused on 23 Dec 2015.
Applied ECHR and subsequently refused on 23 march 2016.
All my applications within 28Days.

Now SSHD refused my application that I did not lodged my appeal within 14 days (NEW RULE) in 2013 (10 working days) hence i was not covered by section 3c and overstayed more than 28days. however this comments is wrong appeal was in time and I have court confirmation letter to show that it was lodged with in 10 working days.

My previous Solicitor asked for discretion to be used for JR, however SSHD has not commented on that at all and raised only this objection that my appeal was out of time Hence not covered by section 3c.

All my applications in 28Days.

Now my question is this, I can prove that my appeal was in time and continuous residency was continued and I was covered by section 3c. and my second Tier 1 Application was also within 28days after that JR stated.

CAN JUDGE ALLOW MY APPEAL. BECAUSE THEY HAVE NOT RAISED ANY THING ABOUT JR. AND MY PREVIOUS SOLICITOR ASKED for DISCRETION in my favour ANYWAY. CAN JUDGE COUNT MY JR TIME TOWARDS MY 10 YEARS AND ALLOW MY APPEAL.

please guide me on this issue as i m confused and need urgent advise.

[secret.simon]

First things first. Section 3c is a lot more limited than you think.

You are covered by Section 3c leave during the AR period, if they are submitted in time. However, the period under JR is not covered by Section 3c, unless the JR was decided in your favour.

As the JR was not decided in your favour, your Section 3c leave expired when the UTT refused your appeal. In other words, your Section 3c leave expired at the latest on 14 Feb 2014. All subsequent time you will have been an overstayer.

Its all very well your solicitor asking for discretion to be exercised in your favour. But discretion is not exercised nilly-willy. There needs to be good concrete reasons for discretion to be exercised. What reasons did the solicitor give for the request for discretion to be exercised?

[taz01]

Hi Simon,
I have almost waited 1 year and 7 months for the hearing, now I have been living for almost 12 years.

My solicitor asked that my previous solicitor did not inform me that JR is not counted towards my lawful residancy and the time i have spent in the uk was out of my control and waiting application desicion. So that is why I should not be penalised for that and desrection should be used in my favour.

ALSO I HAVE A LETTER FROM THE PREVIOUS SOLICITOR CONFIRMING THAT I WAS ENTITLED TO REMAIN IN THE UK DURING JR.

But SSHD did not consider the desrection at all. Instead she objected about something which is wrong that my appeal was out of time. I can prove that was in time.

Now my question is that Can judge allow my appeal if i present the letter from previous solicitor that i was entitled to remain in the UK during JR. Rest of the allegations are wrong anyway.

Thanks for your reply.

Looking forward to hearing from

taz

[zimba]

The failure of your solicitor to inform you about the fact that you were overstaying since 14 Feb 2014 is not gonna change anything. You do not have 10 years of lawful residence and cannot possibly get ILR. The possibility of being issued any visa outside the rules require very strong human rights arguments. You could also face removal and deportation