Won AIT Tribunal, Home Office has been granted review

[sarniw]

I appealed my further leave to remain refusal because I didn't score 75 points and didn't want to switch to a work permit. I won my AIT appeal but the Home Office applied for and was granted a review of the decision. Now I'm waiting for a date to be set for the review. I've been told it could be up to three months before a date is set and the date set will be another three to six months after that. Has anyone here actually been granted an extension, new date stamped in passport, after they won their AIT appeal? If so, did the Home Office ask for and receive a review? How long of an extension did they give you? In case it matters, I came in on a one year HSMP visa which expired last May. Thanks.

[avjones]

Hi - on what basis did you win the appeal? And why have the HO applied for reconsideration?

To get leave, the Senior Immigration Judge has decided it is "arguable" that there was an error of law in the determination. It will go for a 1st stage reconsideration hearing, where an SIJ will decide if there is an error of law or not.

If not, that's it, and short of the HO going to the COurt of Appeal, you win. If there is an error, it will either be re-decided then, or put off for 2nd stage.

[sarniw]

I won the appeal on human rights grounds. The reason for decision was: "The grounds raise arguable issues in respect of the IJ's decision allowing the appellant's appeal under Article 8 following dismissal of his under HSMP" But I'm wondering if you win through the appeal process, how long of an extension do you get? Four years? Three? One?

[SYH]

I won the appeal on human rights grounds. The reason for decision was: "The grounds raise arguable issues in respect of the IJ's decision allowing the appellant's appeal under Article 8 following dismissal of his under HSMP" But I'm wondering if you win through the appeal process, how long of an extension do you get? Four years? Three? One?

Well until the appeals are spent, you current leave is still valid.

If you ultimately win the appeal process (as the HO is now resisting your first appeal) I assume as they are ultimately giving your the approval, they would give you the minimum. However if I was you if the court decides in your favour, I'd ask them to specifically direct the ho to give you an extension of 4 years so you can avoid this situation in the future.

[avjones]

You won't be granted any form of new leave until the appeals process is over. Your previous leave continues until that time.

[avjones]

In my experience at the moment, the time taken for a first stage error of law hearing varies wildly.

FOr example, I did one case where leave was granted in August, and the hearing is this week. I have another where leave was granted before that, an d no hearing date's been set yet.

[ganshyam]

Hello avjones,

I heard that appeals which are won on human rights grounds are given discretionary leave by Home Office which means the person will be out of the HSMP status and will not be eligible for ILR. Is this true ? plz check the below links --

http://www.hindustantimes.com/StoryPage ... ew+hurdles

http://www.rediff.com/money/2007/nov/23visa.htm

In my experience at the moment, the time taken for a first stage error of law hearing varies wildly.

FOr example, I did one case where leave was granted in August, and the hearing is this week. I have another where leave was granted before that, an d no hearing date's been set yet.

[EdgeHillMole]

I heard that appeals which are won on human rights grounds are given discretionary leave by Home Office which means the person will be out of the HSMP status and will not be eligible for ILR.

Ganshyam,

I've heard similar stories to this recently on the other HSMP forums.

We'd been advised on other forums that those who win HSMP extension tribunal cases on human rights grounds will not be granted HSMP extension. Instead, they will be granted Discretionary Leave (DL) extension, which re-starts the ILR clock.

The DL ILR clock is re-set to 6 years from the start date of the DL, at which point ILR is not a matter of right, but is solely at the discretion of the Secretary of State for the Home Department.

If I understand correctly the other thread on this board regarding DL, it is normally only granted for three years at a time. So, those on DL would be reviewed in three years’ time before further leave would be considered (Or more likely, given the current political atmosphere, not considered).

I've also heard should those on DL ever move back into the HSMP category, their clock might be re-set again, as this again would be movement from one category to an entirely different category. Not sure about this part yet though.

[ganshyam]

Thanks EdgeHill,

thats very useful info., do you have any idea about the JR which is coming up filed by hsmp forum www.hsmpforumltd.com ? i was unable to access the forum since sometime though i will always support their work. Can anything positive be expected from it ?

I heard that appeals which are won on human rights grounds are given discretionary leave by Home Office which means the person will be out of the HSMP status and will not be eligible for ILR.

Ganshyam,

I've heard similar stories to this recently on the other HSMP forums.

We'd been advised on other forums that those who win HSMP extension tribunal cases on human rights grounds will not be granted HSMP extension. Instead, they will be granted Discretionary Leave (DL) extension, which re-starts the ILR clock.

The DL ILR clock is re-set to 6 years from the start date of the DL, at which point ILR is not a matter of right, but is solely at the discretion of the Secretary of State for the Home Department.

If I understand correctly the other thread on this board regarding DL, it is normally only granted for three years at a time. So, those on DL would be reviewed in three years’ time before further leave would be considered (Or more likely, given the current political atmosphere, not considered).

I've also heard should those on DL ever move back into the HSMP category, their clock might be re-set again, as this again would be movement from one category to an entirely different category. Not sure about this part yet though.

[EdgeHillMole]

The hearing for permission is this Friday 30th November (A little over a year after the changes took place). Hsmpforumltd is asking for more donations.

I'll pass on the rumour in the other thread about a potential 7-year ILR coming on next year, see if there's any validity to this.

Point being if we don't fight against the retrospective elements, these cumulative changes will pile up on top of each other over the years we reside within the UK. By our last pre-ILR year, we may need to make £100K per annum, be 18 years old or under and speak at least 13 European languages.

Each change in its own right, or even a couple of changes, would have been achievable. But IMHO all the sudden, contradictory and last-minute volatile changes happening lately make for very unstable immigration policy.