AR decision correct or wrong! Solicitor says Wrong. JR is worth?

[CR001]

Why not just type out what the AR letter says.

Presumably it is the same reason as the PBS Dependent refusal, i.e not completed 5 years residence.

[Tier2_to_ILR]

AR as follows

careful consideration has been given to the points you have raised within your administrative review in regards to your five year continuous period within the UK. However, whilst it is accepted that you initally enter the uk xx oct 2011, as stated by yourself, you left the UK on xx April 2013. you then reapplied from overseas on xx sep 2013 issued from cc August 2013 until 18 May 2016. Whilst you argue that your leave remainded continuous because you left the UK prior to the expiry of your leave to remain and returned within 180 days, this is not accepted, this is because you did not apply from the UK prior to the expiry of your leave to remain which you should be required to do so inorder to keep your leave continuous. Therefore as you have not completed a continuous period of 5 years as stated in paragraph 319Eof the immigration rules

[Tier2_to_ILR]

Why not just type out what the AR letter says.

Presumably it is the same reason as the PBS Dependent refusal, i.e not completed 5 years residence.

download link https://we.tl/OnqqNHMqOI

AR as follows

careful consideration has been given to the points you have raised within your administrative review in regards to your five year continuous period within the UK. However, whilst it is accepted that you initally enter the uk xx oct 2011, as stated by yourself, you left the UK on xx April 2013. you then reapplied from overseas on xx sep 2013 issued from cc August 2013 until 18 May 2016. Whilst you argue that your leave remainded continuous because you left the UK prior to the expiry of your leave to remain and returned within 180 days, this is not accepted, this is because you did not apply from the UK prior to the expiry of your leave to remain which you should be required to do so inorder to keep your leave continuous. Therefore as you have not completed a continuous period of 5 years as stated in paragraph 319Eof the immigration rules

[CR001]

Which is exactly what you were already advised earlier in this topic. Her clock reset on 28 August 2013 when she got her Tier 2 Dependent visa.

JR would be a waste of money as HO has not made an error, they are following the immigration rules.

You have been mislead by your advisor, as already stated, because the gap would ONLY be relevant and acceptable for continuous residence for ILR based on 10 years long residence and DOES NOT apply to PBS Dependent ILR based on 5 years residence route.

AR was bound to fail as the ILR refusal was CORRECT and HO did not make an error.

You will have to reapply for her ILR and pay the fees again.

She qualifies for ILR from now.

[Obie]

Does 245AAA not apply to this case?

[Tier2_to_ILR]

Which is exactly what you were already advised earlier in this topic. Her clock reset on 28 August 2013 when she got her Tier 2 Dependent visa.

JR would be a waste of money as HO has not made an error, they are following the immigration rules.

You have been mislead by your advisor, as already stated, because the gap would ONLY be relevant and acceptable for continuous residence for ILR based on 10 years long residence and DOES NOT apply to PBS Dependent ILR based on 5 years residence route.

AR was bound to fail as the ILR refusal was CORRECT and HO did not make an error.

You will have to reapply for her ILR and pay the fees again.

She qualifies for ILR from now.

Thank you so much , my solicitor must be misleading now. Thanks a lot again

[CR001]

Does 245AAA not apply to this case?

Which part would be relevant Obie? Not sure but see that 245AAA (ii)(1) would be applicable in this case as the new entry clearance was applied for more than 28 days after the last visa expired.

(ii) the applicant has existing limited leave to enter or remain upon their departure and return, except that:
(1) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 24 November 2016 and subsequently granted,

What date did the PSW dependent visa expire?
18 May 13
What date did she leave the UK in 2013?
29 April 13
What date did she APPLY for the Tier 2 Dependent visa??
28 August 13 , she secured her tier 2 dependent visa

[Obie]

I agree that 245AA may apply to PBS migrant but not necessarily their dependant.

I see no legal basis for the Home Office saying what they are saying, that because entry clearance was applied for as opposed to leave to remain, a person breaks their continuous residence clock and has to start again.

I have not been able to find justification for this in the rules. Perhaps you guys may assist me.

[marcnath]

I agree that 245AA may apply to PBS migrant but not necessarily their dependant.

I see no legal basis for the Home Office saying what they are saying. Thank because entry clearance was applied for as opposed to leave to remain, a person breaks their continuous residence clock and has to start again.

I have not been able to find justification for this in the rules. Perhaps you guys may assist me.

They could not have applied for leave to remain and the applicant was outside the country and the application made well beyond the 14 days after expiry

[vinny]

Continuous leave was previously not properly defined.

[Obie]

Continuous leave was previously not properly defined.

Exactly. You cannot define something which was not previously define, retrospectively.

[vinny]

Unfortunately, retrospective changes sometimes happen. Some are successfully challenged.

[Obie]

Unfortunately, retrospective changes sometimes happen. Some are successfully challenged.

But there is transitional provision though, is there not, for certain applicant who applied at certain period.