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Early ILR LR - Right of appeal

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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knucks
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Posts: 111
Joined: Sun Oct 25, 2015 11:58 pm

Early ILR LR - Right of appeal

Post by knucks » Tue Apr 26, 2016 9:49 am

Dear Seniors,

I am considering to file the early ILR on 15th May 2016 as I am short by 3 months. My actual Ilr will be due on 20th August 2016 but I'm a bit apprehensive about a right of appeal.

Is a right of appeal mandatory in case of a refusal ?

Regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Early ILR - Right of appeal

Post by geriatrix » Tue Apr 26, 2016 9:53 am

ILR under which route?
Life isn't fair, but you can be!

knucks
Member
Posts: 111
Joined: Sun Oct 25, 2015 11:58 pm

Re: Early ILR - Right of appeal

Post by knucks » Tue Apr 26, 2016 9:56 am

geriatrix wrote:ILR under which route?
Thank you for your reply.

10 years long residency. Arrived in Sep 2006

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Early ILR - Right of appeal

Post by geriatrix » Tue Apr 26, 2016 10:06 am

geriatrix wrote:Obie,
If the applicant's extant leave is still valid, will a refusal of ILR LR application still lead to right of appeal being granted?
Obie wrote:Yes. With the ammendment of section 82 of the Nationality and Immigration Act 2002, they removed the condition that a person will only have an appeal right if as a result of the refusal, they are left with no leave.

That requirement has been removed.

Now we have refusal of human right claim which carries a right of appeal , unless a certificate is issued.

The Home office issued a guidance confirming that a refusal of ILR under long residence is a human right refusal which will result in a right of appeal unless a certificate is issued.
Obie wrote:Paragraph 9 of their Guidance may assist.
Life isn't fair, but you can be!

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: Early ILR LR - Right of appeal

Post by JamesBlack » Thu May 12, 2016 7:11 pm

I am exactly in similar scenario
Short of 4 months from completing 10 years.
Either apply Tier 1 Entrepreneur Extension for myself and 2 deed ants costs around 7000£
And then 4 months later (effectively 92 days later) if apply 28 days before eligibility send another 6000£ for Set (LR).
if I apply 4 months early when my current leave expires
And send all entrepreneur docs as well to show that I full filed all the extension requiremens. Will it get considered or refused or a right of a peal will be given or not to file a fresh application etc...??

Visa expires June 16
10 years October 16

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