Big Confusion.....very Urgent - Need Help

[Obie]

You cannot vary.

You will need to wait for the judges decision, as you are prevented from applying.

[Obie]

You cannot vary.

You will need to wait for the judges decision, as you are prevented from applying.

[Zee ali]

Hi
Thank you for your reply.........basically my 10 years have been completed and now I am waiting for the court decision ......so what should do I now.........can I vary my application or I have to wait for the court decision...
waiting your kind reply

U can't vary now ....

Dont spoil your 10 years.

wait for ftt decision if refused than go to Permission for UT and use one stop warning (add additional grounds ) that u compelted 10 years.
Than see what happens.

In this way u will retain your 3c and right to work

Regards

[asifKhan00145]

Thank you very much for your quick response

you know that I am waiting for the court decision but now my 10 years have been completed so Can I send additional grounds to the court now before decision....
Waiting your kind reply.......

[Obie]

Hi
Thank you for your reply.........basically my 10 years have been completed and now I am waiting for the court decision ......so what should do I now.........can I vary my application or I have to wait for the court decision...
waiting your kind reply

U can't vary now ....

Dont spoil your 10 years.

wait for ftt decision if refused than go to Permission for UT and use one stop warning (add additional grounds ) that u compelted 10 years.
Than see what happens.

In this way u will retain your 3c and right to work

Regards

The above is wrong.

You cannot use a one stop notice at the Upper Tribunal stage.

At that stage, only an error of law will be dealt with.

Only if the decision of the FTT is set aside, will the tribunal, subject to an application be made an approved, accept new circumstances which was not raised at the FTT to be dealt with.

[Zee ali]

Hi
Thank you for your reply.........basically my 10 years have been completed and now I am waiting for the court decision ......so what should do I now.........can I vary my application or I have to wait for the court decision...
waiting your kind reply

U can't vary now ....

Dont spoil your 10 years.

wait for ftt decision if refused than go to Permission for UT and use one stop warning (add additional grounds ) that u compelted 10 years.
Than see what happens.

In this way u will retain your 3c and right to work

Regards

The above is wrong.

You cannot use a one stop notice at the Upper Tribunal stage.

At that stage, only an error of law will be dealt with.

Only if the decision of the FTT is set aside, will the tribunal, subject to an application be made an approved, accept new circumstances which was not raised at the FTT to be dealt with.

Thanks obie for clarification

I was not sure about whether we can use one stop warning in UT or not

[asifKhan00145]

Dear Friends

Thank you very much for your quick response. As I told you before that my hearing was on 1st of September but I am still waiting for the court judgement. My 10 years long residency have been completed, I called to the court and asked about my case they told me that still decision is pending, another thing they told me that if I want then I can put some additional ground on the basis of 10 years before the court judgement came.

Do you know how to write additional ground to the court because my lawyer is not cooperative, he is saying I have to wait for the court judgement then in upper tribunal we will raise all of these issues ( if judgement is against our wish). please tell me what should I do in these circumstances.
Waiting your kind reply,
Best Regards

[asifKhan00145]

Hi Amber, Obie and other friends......... I need urgent Help

Thank you very much for your quick response. As I told you before that my hearing was on 1st of September but I am still waiting for the court judgement. My 10 years long residency have been completed, I called to the court and asked about my case they told me that still decision is pending, another thing they told me that if I want then I can put some additional ground on the basis of 10 years before the court judgement came.

Do you know how to write additional ground to the court because my lawyer is not cooperative, he is saying I have to wait for the court judgement then in upper tribunal we will raise all of these issues ( if judgement is against our wish). please tell me what should I do in these circumstances.
Waiting your kind reply,
Best Regards

[Obie]

Well if the lawyer is acting against your wishes, you should consider ditching him.

Addition ground could be put for the judge to consider, even though it us worth saying that those grounds were not before the Upper Tribunal.

Writing additional grounds is your solicitors job.

It make no sense for myself or anyone on the forum to do a job for which your solicitor has been paid.

If permission is refused you will have 5 days to apply to the Upper Tribunal , and if refused, your Section 3C right will elapse.

You may be entitled to apply within 28 days if leave expiring.

[asifKhan00145]

Dear friends,

Today I got court decision, they have dismissed my appeal but during this time my 10 years lawful residency have been completed so what do you suggest I have to do now, should I go to the upper tribunal or I have to submit a new application set(LR).
My wife is not fulfilling the financial requirements, she is living in uk as student dependent for 6.5 years. what do you suggest for her.

waiting your kind reply,
Best Regards
Asif

[asifKhan00145]

Hi Amber, Obie and other friends......... I need urgent Help
can you please help me what should I do in the above stated situations....waiting your kind reply
best regards
Asif Khan

[Obie]

Have you discussed the matter with your solicitor.

An application cannot be made whiles an appeal is pending or whiles one could be brought.

You could appeal or reapply once Section 3C has elapsed.

[smir]

Brother Obie..

Hope you remember me..

Now my 10 year is nearly to finish in 3 weeks for flr fp refusal.....Appeal is in Feb 2015



now what is good for me..

1. just add additional grounds in appeal and attend the court requesting judge to consider 10 year long residence..

or

2. Apply ILR without withdrawing appeal..so that application gets void and linked to my appeal..

please guide me which is best option..

with me my wife is too in appeal..

Have you discussed the matter with your solicitor.

An application cannot be made whiles an appeal is pending or whiles one could be brought.

You could appeal or reapply once Section 3C has elapsed.