New Judgement

[Shondra Sharma]

Please read this : Alladin, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1334 (16 October 2014) and comment. thank you.

[Shondra Sharma]

What you make of it this judgement? Any hope in future? Please can someone comment? @amber, @vinny

[maj-server]

well, the applicant applied to the Secretary of State only for definite leave to remain, and made no request for indefinite leave to remain, I believe he should have applied for ILR in the 1st place.

[Shondra Sharma]

There is no provision to apply ILR in the first place. In my case me and my partner both overstayer got a 30 month leave to remain because our child is british(child born and brought up in uk for 10 years category).

[vinny]

Bibi & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3685 (Admin) (07 November 2014)

[Shondra Sharma]

But in 2.5 leave to remain, not allow to take public fund, even british child can't able to take child benefit. 3 year DLR is look like a mini ILR, able access every public funds, that's why its not a problem.

[Shondra Sharma]

On this judgement court decides restrict the lenght of stay is unlawful but court didn't say its should be a law 7 years child application people can get ILR instead of 2.5 year leave to remain. Court says depending on the individual circumsatnces, they might get ILR, like length of long residence in uk, child spent whole their life in uk etc. How could we fight for this?

[Shondra Sharma]

Any comment on this please?@vinny, obie

[shyahasson]

HI,
I need your help please.

I am a british citizen and working abroad. My wife is not a british citizen and I have two british citizen daughters from my wife. she has a multi family visiting visa for five years. this year my old daughter is in the school in the uk and staying with her mom and her new born sister. all of them are living with my dad. my question is that can My wife apply to stay with her dependent daughters as she is the only one the in the uk responsibly for them for upbringing. if not can she apply for an extension at least to stay with my daughter while she finish her school.

Kind regards,

shyahasson

[lucky007]

Any comment on this please?@vinny, obie

Hey Shondra,

I met the barrister last week. who had been in court of appeal on behalf of client. I had asked him all questions related to court of appeal judgement.

1. appeals were dismissed because all parties were not applied for ILR

2. its also depend on ur first application if you applied for ILR that's fine if not than u r not in position to claim ILR.

3. one of appellant wrote letters to HO after applied DL and demand for ILR but court of appeal said in his judgement he didn't use appropriate form ILR and pay fee for ILR.

4. but court of appeal mentioned in his judgement this policy is unlawful in which HO give 2.5 yrs or 3yrs DL.

5. he said may be HO will go to supreme court or change the policy wait two or three weeks more.

[Shondra Sharma]

Hi@lucky007 thanks for your kind information. First place I didn't apply for ILR, because I am looking some sort of stay first, obviously being an overstayer for a long time, its tough life. What happened if HO office didn't go to court or lost in supreme court again? Whoever applied ILR in the first place like this category, can HO only grant ILR for them only? What about the other people like me got a 2.5 year leave to remain on 10 year route settlement? Please update this news on coming days. God bless.