appeal allowed, Home Office pays the fees for tribunal and my solicitor?

[Jenniferkim]

Hello

My indefinite leave to leave (ILR) on the ground of 10 years long residence basis was rejected. I had a biometric enrollment done and paid required fees for that application.
I appealed and the Judge allowed my appeal on human rights grounds. He also says that I am qualified for ILR but does not allow my appeal on that ground.

Have received a letter from the ukba post decision team saying that the judge's decision on my application will be implemented asap.It says that they might contact me again for more information or documents. So was I asked to do another biometric enrollment. The letter also says if the required fee were not paid and relevant documents were not supplied, the application would be invalid. This makes no sense as I had made an application previously, why was asked to submit another application fee and do the biometric enrollment again? Or that should be treated as a general letter to all the applicants whose appeal are successful.

Looking forward to having your advice.

Thanks in advance.

Jennifer

[4uvak]

You only resubmitted your biometrics so far. They did not ask you to resubmit your application and pay again. No panic than. Biometrics are taken after aplication submitted and payment taken so I would think there will be no fresh application and no additional fee.

[Jenniferkim]

Thanks very much for your reply and I really appreciate.

After I initially submitted the application and paid the fee a while ago, I did the biometric enrolment as requested. Why did the UKBA ask me to do it again after the appeal was allowed following the refusal of that application?

Do I need to write to them asking to issue me the indefinite leave to remain (ILR) in line with the Judge's findings? My concern is that if I do not ask for ILR, they might decide to issue me a human rights visa only saying that the judge only allowed my appeal on the human rights ground. What is your view on this?

Looking forward to hearing from you.

Thanks again

[4uvak]

Once you submitted your biometrics that means your application is under consideration. Give them some time. Human right grounds does not mean you will get a human rights visa (FLR (HRO)? ). Do not panic, although it is easier to say, than to follow the advice. If they need more information, they will contact you. Nobody knows how long it will take. Do not expect a case worker to jump on your case straight away after the court decision. It might take the same time as initial application. I would give them 6 months and than write a letter.

[Jenniferkim]

Thanks very much for your reply dated the 3rd May and I really appreciate.

Finally I was granted indefinite leave to remain (ILR). On the Biometric Residence Permit (BRP) under the sessions of TYPE OF PERMIT and REMARKS, it shows SETTLEMENT and ILR, but under VALID UNTIL it shows xx / xx / 2021, which does not make sense as it should be INDEFINITE. The date xx / xx / 2021 is not consistent with the type of permit granted, i.e, ILR. Do you think the Home Office made a mistake? Should it be changed into INDEFINITE?

Looking forward to hearing from you.

Best wishes
Jennifer

[bluebird12]

That is correct you got ILR , 2021 is the card renewal date ,similar like your driving licence snd passport have expiry date , you have been granted indefinite , on expiry date you have to renew your ILR card.

[Jenniferkim]

Hello Bluebird12

Thanks for your reply. As far as you are aware, generally speaking what is the validity of the card for an ILR holder? In my case it is just about three years. It should be longer, like 5 years or so. Do all the cards for ILR have the same validity? or they vary case by case?

My original application was sent long time ago with my passport, which was rejected. Since then my passport had been kept by the home office (HO). Given it took such a long time to complete the appeal process by the time when all the process was completed my passport had expired. That is why I sent HO my newly issued passport for them to issue me the visa after I won my appeal. Obviously I did not know at that time that a Biometric Residence Permit (BRP) card would replace the practice of a visa being stamped on the passport. Now I have received the BRP card and my expired passport, but the newly one has not been returned to me. I sent it via special delivery and the royal mail tracking system shows that it did reach the HO. Do you think they made a mistake of not returning it to me? I hope they did not have any bad intention to do it. Should I write to them asking to give it back to me urgently as I am entitled to have it? I wont be able to travel unless I have got it back. The BRP card itself is not adequate for travelling as you know.

I am looking forward to having your view asap.

Thanks again

[bluebird12]

Its a better idea to write and ask them to return your passport , UKVI will return your passport as they do not keep hold of passport of people who are legally resident in uk

[Jenniferkim]

Thanks for replying to my question .

It would be appreciated if you could lend me your thoughts on the validity of the BRP card. Does it vary case by case or the duration of the BRP for all the ILR holders is the same? If it is the latter, how long is it generally speaking.

Looking forward to hearing from you.

Thanks again

[Stoancopier1973]

Hello
How long does it take the HO to issue your Indefinite leave to remain after your 2nd biometric enrolment was done,Because am in the same situation at the moment
Judge allowed my case oct 2017
Permission to appeal to upper tribunal was refused by the court in March 2018
letter received from the HO to go for reenrolment for the 2nd time and done already.

Looking forward hearing from you

Thank you

[Jenniferkim]

Hi,

My appeal was allowed and the Judge granted a fee award. Does it mean the Home Office will pay the fee which I paid to the tribunal as well as other fees I paid my solicitor?

Thanks