applied ilr received limited leave to remain

[phalanichi]

Hi all,

my husband had his hearing on 23rd July for refusal of ILR on Long residence(10 years ) with 322(5) and a gap of 1 month in past due to not getting biometrics on time and rejection on no biometrics.

we havent got decision yet. any idea how long the wait would would be? as i have my appeal hearing for FLRM Refusal in first week september.

Thanks,

[phalanichi]

So my husband received his appeal granted letter yesterday, not sure if i'll have my flrm hearing in 1st week September.

My husband's appeal got granted on humanitarian grounds, we have no kids yet.

[phalanichi]

Hi All,

My husband had applied for ILR (10 year) when he finished almost 10 years 8 months in 2017 feb, it got refused with appeal rights, his appeal got granter under human grounds last week.

Will he get ILR or a new visa for 2.5 years?

Thanks,

[secret.simon]

There is no provision for ILR on human rights ground. He will likely be issued with either FLR(FP) or LOTR (Leave Outside The Rules) for 2.5 years.

[phalanichi]

so if issues LOTR when can he apply for ILR?

[phalanichi]

so if issues LOTR when can he apply for ILR?

can we do anything about it at all, my husband already spent 12 years now, and it was mere home office mistake, even judge mentioned it in decision in FTT

[phalanichi]

My husband applied for ILR(10 year) in feb 2017,it got refused in Feb 2018 under section 322(5) and break in continous chain with appeal rights.

His appeal got granted under human grounds, i think he will not be given ILR?

Below is the immigration history,but we had a look again and it seems its not broken, can someone please have a look below and advise.

entry 7th sep 2006-31 jan 2008 student visa

17 jan2008 - 31 oct 2008 further leave as student

9oct2008- 29th oct 2010 tier 1 post study migrant

29oct 2010-13july 2013 further leave as tier 1 general migrant

12th july 2013 further leave as tier 1 general migrant rejected due to non enrolment of biometrics ( we didnt receive biometrics letter from Home office)

29th october 2013 further leave as tier 1 migrant rejected due to non payment on 26th nov 2013( Home Office already had fees for previous application of 12th july 2013, and was not refunded so not paid new fees, but asked them if they need to let us know, but they didnt and rejected.)

23rd december 2013 leave as tier 1 migrnt granted on 6th feb 2014 untik 6th feb 2017

They have rejected as below

"recent caselaw has established that an invalid application cannot extend leave under section 3c of immigration act 1971(apart from when rejected due to non enrolment of biometrics)and so lawful leave would not extend beyond previous grant of leave. That means that after the application of 29th oct 2013 your lawful leave ended on 13th jul 2013 and leaves a gap of lawful leave until 6th feb 2014 when you were granted next leave. therefore you cannot meet requirements of paragraph 276(1)(a) as you do not have continous lawful leave. ""


but referring to below, it seems he had 28 days grace period in 2013

Third party weblink removed by moderator

https://assets.publishing.service.gov.u ... ers-v7.pdf

Can someone please advise?

[zimba]

Please do NOT tag your questions on other topics

[phalanichi]

Please do NOT tag your questions on other topics

thanks for merging. can you please advise on above

[zimba]

The HO is correct. This is because an invalid application will NOT lead to the automatic extension of your leave under the section 3C.
Therefore when an application is returned as invalid and in the absence of section 3C protection, you are assumed to have had lawful leave only until the last that of your visa and not beyond that which in this case was July 2013. So there was a period of unlawful stay (and a break in the continuous period of stay) between July 2013 and Feb 2014.

[phalanichi]

The HO is correct. This is because an invalid application will NOT lead to the automatic extension of your leave under the section 3C.
Therefore when an application is returned as invalid and in the absence of section 3C protection, you are assumed to have had lawful leave only until the last that of your visa and not beyond that which in this case was July 2013. So there was a period of unlawful stay (and a break in the continuous period of stay) between July 2013 and Feb 2014.

can we do anything about it at all. as they considered it invalid eventhough they had fees.

[zimba]

You should pay each time you apply for a new application. Fees paid for other applications cannot be used for another one.
It was a mistake NOT to pay the fees and thinking the previously paid amount can be used towards a new application. In my view you do not have a reasonable case.

[phalanichi]

You should pay each time you apply for a new application. Fees paid for other applications cannot be used for another one.
It was a mistake NOT to pay the fees and thinking the previously paid amount can be used towards a new application. In my view you do not have a reasonable case.

thanks for getting back. we did mention in cover letter if they need new fees ro let us know, but they didnt ask even once and rejected application

[zimba]

Unfortunately that was 2013. There was a similar case I think in 2014 which was taken to the supreme court. The court ruled in favour of the HO however admonished them for not giving migrants a chance to rectify these issues. The immigration rules were later updated to give migrants opportunity to rectify fee related issues.
Please bear in mind these facts do not change your case

[phalanichi]

Unfortunately that was 2013. There was a similar case I think in 2014 which was taken to the supreme court. The court ruled in favour of the HO however admonished them for not giving migrants a chance to rectify these issues. The immigration rules were later updated to give migrants opportunity to rectify fee related issues.
Please bear in mind these facts do not change your case

28 days grace period was valid in 2013, so if we applied within 28 days of receiving invalid application are we not protected by 3c,?

[zimba]

Section 3C in your case did not kick in at all. The grace period allows you to apply for a fresh application as an overstayer after your lawful stay ends

[phalanichi]

Section 3C in your case did not kick in at all. The grace period allows you to apply for a fresh application as an overstayer after your lawful stay ends

Hi Zimba, thanks for replying. i seen below on other post, is this not applicable to our case?

Re: Is there a grace period to reapply after invalid applica
Post by Zimba » Sun Mar 19, 2017 12:01 am

since the date your application deemed invalid.
If your out-of-time application is accepted and eventually successful, then the period of over staying will be less than 14 days which will not affect your ILR.

[zimba]

No. such provision will be given under paragraph 39E which does not apply here

[phalanichi]

My husband applied for ILR, was refused initially due to gap(it was due to HO mistake) and tax discrepancy. his appeal got granted in FTT based on human rights article 8.

We got letter from HO saying he will be given limited leave to remain based on long residency for 24 months.
They haven't asked for IHS fee.

if they think he fulfils below he should be given ILR?

" Limited leave to remain is granted under paragraph 276A2 of the long residence
category of the Immigration Rules on the basis of long residence paragraph 276B (i), (ii) and (v) and meets the knowledge of language and life requirement "

[CR001]

Topics merged. Keep your questions in one thread please!!!

announcements/multiple-posts-will-be-lo ... t5722.html

[phalanichi]

My husband applied for ILR, was refused initially due to gap(it was due to HO mistake) and tax discrepancy. his appeal got granted in FTT based on human rights article 8.

We got letter from HO saying he will be given limited leave to remain based on long residency for 24 months.
They haven't asked for IHS fee.

if they think he fulfils below he should be given ILR?

" Limited leave to remain is granted under paragraph 276 a1 and 276A2 of the long residence
category of the Immigration Rules on the basis of long residence paragraph 276B (i), (ii) and (v) and meets the knowledge of language and life requirement "

can someone please advise, are this paragraph not applicable for 10 year lawful long residence,?