Permission to appeal refused

[dnf]

Dear All,

Here is my case history:

1. Applied for ILR based on 10 years (PEO) on 2nd July 15 - refused
2. Appealed to FTT - refused
3. Applied for permission to appeal to UTT from FTT - refused
4. Applied for permission to appeal to UTT from UTT - refused (no further appeal rights)
5. I have now 16 days from 27/01 to apply for Judicial Review.

My question is:

1. Will I be able to renew my entrepreneur visa, if i apply within 28 days from 27/01 (when appeal rights exhausted)

2. Does the time during judicial review is still under section 3C as the appeal is against UTT?

3. Can i apply for JR and put a renewal application as well?

4. What would you experts suggest? Renew m Entrepreneur Visa or apply for JR?

Your help is appreciated.

[ffjr414]

hi,
what the reason HO refused your ILR?

[dnf]

ILR was applied based on long residence with 1300 days plus absences. The absences were due to medical reasons and I applied with a hope that excessive absences will be disregarded as per Home office guidance, which they did not.

Concern here is that FTT got one of the major law wrong based on which the judge made the entire decision. However both the FTT and UTT (during permission) ignored that error of law.

[CR001]

1300 days absence is almost triple the permitted allowance for long residence, not surprised HO refused your ILR.

Given that we have the NHS here which you could have used, unless your medical was VERY exceptional, discretion would not be applied for this level of absence which equates to 3.5 years roughly that you were not in the UK.

[dnf]

Thanks CR - what you said has been confirmed in the form of numerous refusals - However this was not the question I posted.

[CR001]

concern here is that FTT got one of the major law wrong based on which the judge made the entire decision. However both the FTT and UTT (during permission) ignored that error of law.

What was the error in law?

Your previous posts below, just for others who want to understand so that we don't have back and forth questions when you have this topic already.

http://www.immigrationboards.com/indefi ... 89194.html

[dnf]

I left UK in 29/08/2010 (student visa was valid till October 2010) and came back to UK on 28/12 2010 with a PSW visa (visa issued on 20/12/2010). As per long residence guidance, it says that there is no break in residence as long as the applicant left UK with a valid leave and returned with valid leave even if it is in different category.

Home Office knew was aware of their own rule so did not make this a reason of refusal but the FTT judge thought this was a mistake from the Home Office and failed my appeal outright from the beginning.

[Obie]

That is a procedural error in taking points against you that the respondent had not taken and not giving you an opportunity to deal with it.

It is a procedural error at the best. Question is, does it meet the second appeal test, for JR against upper tribunal refusal of permission.

Is it a material error? Ie would it have made a difference to the ultimate decision, had it not been made.

[dnf]

I am not sure how it is a procedural error if Home Office did not argue it as they understood their guidelines and FTT judge clearly gotten the law wrong.

Either way, the FTT judge refused my appeal based on that error and yes there were fair chances of success if the error was rectified.

The question that I have is, if I go for JR, which say takes 2 months and got refused than I will be an over stayer for say 60 days from 27/01/16, which will than effect the renewal of my Entrepreneur visa considering it is over 28 days late.

I am not sure, if JR against UTT (not the UKVI) is still considered part of the appeal and the time during JR is under section 3c?

[Obie]

JR against UT is not a statutory appeal.

It will not count to section 3C.

[dnf]

Thanks for the confirmation.

This therefore leaves me no option but to apply for my Entrepreneur visa renewal within 28 days from 27/01/16 (the date on the UTT permission to appeal refusal)

I dont think, I would like to risk my Entrepreneur visa renewal in case if the JR is also refused unless you experts have another option?

[probleminuk]

Thanks for the confirmation.

This therefore leaves me no option but to apply for my Entrepreneur visa renewal within 28 days from 27/01/16 (the date on the UTT permission to appeal refusal)

I dont think, I would like to risk my Entrepreneur visa renewal in case if the JR is also refused unless you experts have another option?

Hi my case also on same point. I applied permission to appeal at FTT on 21/12/16. May I know please normally how long court take to Answer?