Hi @ZeeAli @ Omor4real @smir @vinny and all other members. I really need your help.
Basically I had visas from Septmebr 2005 until March 2011 then applied for Tier 1 General, HO refused on 10th May 2011 with full right of appeal.
Appealed against the decision and first tier tribunal dismissed appeal after hearing. Courts decision dated 25th of July 2011 gave me right to appeal to apply in first tier tribunal for permission to appeal to upper tribunal.
29-07- 2011 application to forst tier tribunal for appeal upper tier tribunal,
11-08-2011 first tier tribunal refused or not admitted application for permission to appeal to upper tribunal
18-08-2011 application for permission to appeal in upper tribunal for permission to appeal in upper tribunal
24-11-2011 permission to appeal granted
22-03-2012 Notice of hearing received hearing date 20/04/2012
30-04-2012 Received court's decision dated 30-04-2012 Upper tribunal dismissed appeal with right of appeal for permission to appeal in relevant appellate court ( the court of appeal)
31-05-2015 "The upper court acknowledge receipt of an application for permission to appeal on 29-05-2012"
21-06-2012 The application by the appellant is refused
Reasons for decision:
1- The application for permission to appeal is out of time. However, having regard to the explanation given in the application for extension of time, the upper tribunal extends time for appealing in accordance with rule 5(3) of the tribunal procedure ( upper tribunal) rules 2008
2- The grounds amount no more than an attempt to re-argue the case that has already been properly considered by upper tribunal.grounds are duplicated. Indeed, the final paragraph refers to the application being one for permission o appeal to the upper tribunal
3- the ground do not establish that there is any properly arguable point of law capable of affecting the outcome of appeal or that appeal raises an important point of principle or there is any compelling reason for the appeal to be heard by the court of appeal.
04-09-2012 on 4th of September 2012 court of appeal accepted second appeal
07-12-2012 received a letter of hearing on 13-03-2013
19-03-2012 received another letter from court that the hearing will be either on 15-05-2013 or 16-05-2013
13-05-2013 My solicitor signed a consent order to withdraw appeal without letting me know
The consent order:
upon respondent agreeing, subject the usual checks, to grant the appellant leave to remain for 2 years under tier 1 general of the points based system.
By the consent it is ordered that:
1-The appellant have leave to withdraw this appeal
2-The respondent pay appellant's reasonable cost of this appeal, to be assessed on the standard bases if not agreed.
I got 3 years visa from Aug 2013 to Aug 2016 but lawyer didn't give me the money.
Problems from Subject access report:
Home office sent me 4 letters to attend home office in Croydon between 07-07-2012 to 31-07-2012 which I never received because I moved to new address and asked my solicitor by emails to change the address in November 2011 and again in June 2012.
There are 2 letters in SAR (05-10-2012) saying
NOTICE TO A PERSON LIABLE TO REMOVAL
Specific reasons: your right of appeal exhausted in 18/05/2012 and you became an over stayer.
SAR does contain my 1st permission to appeal in courts appeal in june 2012 but doesn't contain second appeal letter when appeal was granted and they gave me visa. File also contains consent order and then a letter when they issued me visa on same qualification.
I need your expert opinion:
1- Do I qualify for 10 years based set LR?
2- What options I have to get my details updated in home office record?
3- Should I file a case against my solicitor for not updating my details in home office and also not giving me the cost?
I was planning to apply on 14th of August.
Your help will be appreciated.
I have created another
http://www.immigrationboards.com/indefi ... l#p1224582 with all my case history.
Thanking you in advance.
Don't know how long it gonna take. Note: I had TOEIC is past history.