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Appeal Decision Confusion

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shazz351
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Posts: 1
Joined: Thu Aug 09, 2018 7:18 pm
United Kingdom

Appeal Decision Confusion

Post by shazz351 » Thu Aug 09, 2018 8:41 pm

Hey,

First of all thanks for stopping by to read my problem.

My family came to the UK in December 2011 on a spouse visa and we applied for the ILR in 2014. On 24 September 2014, our application was refused. We appealed and on 9 May 2015 our appeal was dismissed as we did not satisfied the Judge that I (British Citizen, sponsor) had sufficient fund to maintain and accommodate my family.

As our appeal rights were exhausted by 1st September 2015, but on 28 September 2015, we made application for Indefinite leave to remain in the UK which was also refused on 5 Feb 2016, and we appealed again. On 20th July 2018, our appeal was allowed however it's unclear on the appeal reasoning letter whether the Judge approved ILR or FLR (5 Year spouse route). Even though it was clear but I was under the impression of that we will receive ILR up until two days ago when Home Office has written a letter stating that they are considering the application for Limited Leave to Remain.

My family has been in the UK for almost 7 years now and putting us on 5-year route from now is not what we applied for and seems like those 7 years went down the drain.

I spoke to my solictor and barrister and they both said that it's unclear whether the judge allowed the appeal for ILR or Extension.

Any advice is most welcomed! Thanks in advance.

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