Lost Right to Work while FLR? in process

[Renni_Aman]

hello all,

i have been on this forum for quite a long time. So just an update...the judge grant my right of appeal

I am so happy!!! Phewwwww...

Anyway....does anyone know how long after the decision will it take HO to issue the visa?

Hearing date: June 29th
Decision Received: August 7 (dated August 5)
Current Status: Still waiting for HO decision...

[Renni_Aman]

Hello All,

Just an update on my Immigration issue...

So following my long-winded complicated case (which cost me my job, and 1.5 years of no salary etc).

Recap:
Arrived in the UK Jan 2005 - student visa + renewal
PSW until 08 Augsut 2014.
***issue with payment when applying for FLR (FP) - to bridge gap for ILR in Jan 2015.
FLR(FP) refused on 04 Nov 2014 - with right of appeal
Appeal to JR on 03 Dec 2014. Case accepted, hearing 29 June 2015.
ILR Application sent 05 April 2015 (to be as additional in my JR)
Judge ruled in my favour and I won with both FLR(FP) + ILR #happydays
Biometric card received on 13 Nov 2015 (dated 10 Nov 2015)

Naturalisation application due 11 Nov 2016 (appointment booked at NCS Brent)
British Passport - will be done and submitted on the same day.

According to some (this could take 3 - 6 months).

Phewwwwwww....finally Im over and done with UK IMMIGRATION

Thank you for everyone who support, advise, and enourage me when I needed it the most!

[helpingperson]

Hello Renni,

Congratulations, very happy to see your success.

You did not get appeal right on FLRP application so you went for JR.

So time you spent on JR process has been counted towards 10 years even you were over stayer from FLRP refusal date?

What was your ground for winning JR in your favour?

How much JR process cost you and did you with a solicitor?

Please kindly provide as much as information you can as this will help many here as your case is hope and very positive..

Thank you.

[helpingperson]

Guys, thank you for your inputs.

@Obie - My solicitors claimed that they have done this before and they won "the right to appeal". In addition, there was a case that exactly mirrors my situation / case, and received favourable outcome (the Basenet case), which was referenced in my tribunal application.

@Vinny - exactly… thats my point too…when I complained to the bank, I was told that they do not contact customer when they believe that there is a potential account take over (i.e. the type of fraud they believe on my account).

Anyway, the next update is: I went into work for a fact find interview. My tribunal application was submitted in London on the 3rd December. So far, not money has been deducted form my bank account.

Do you guys know how long it takes to get a hearing date? My solicitor said that within 2-6 weeks. Once they receive a hearing date, they can request for it to be "fast tracked" (that is to bring forward the date to an earlier hearing if available).

Thank you guys so much!

Which Tribunal did you apply for appeal right? Was it First Tribunal?

So if Home Office refuse an application without right of appeal, we can directly right to First Tribunal to request appeal right? Is this correct?

Thank you.

[jupiter2016]

@helping person , we need to apply to UT for paper base appeal then oral hearing and if still no luck then we need to go Court of appeal.. Currently I m in COA.. ( FLR fp refused in September 2015, without in country right of appeal)

[helpingperson]

Thank you Jupiter for this useful info which I did not know before.

What was reason of your FLRFP refusal?

What one's status will be if he has no legal leave, no 3C and is requesting appeal right from First Tribunal and then from Court of Appeal? What will be his status while he is waiting for outcome of request?

[johngoodman]

Dear members,

I had been the student for last 5 years from 2008, got PSW for two years and after finishing PSW applied for college to study NVQ Level 8 course, but college revoked on Feb, 2015 for my level 8 course. I had applied for FLR(0) on 10 Feb 2015, appeal and first tier tribunal done, and upper tibunal refused the application eventually, hence FLR(0) was rejected on 29thJune, 2016. I again applied FLR(0) on 26th July,2016 within 28 days and had just received the acknowledgement letter of receiving the application.

It had been altogether 8 years and 3 months in this country. Will I be eligible to apply ILR ( 10 years route) after my 10 years period or my duration of 10 years won't count as my FLR application was rejected on 29th June, 2016

Expert opinions are highly welcomed, please suggest the possible option.

Kind regards
John

[Renni_Aman]

Guys, thank you for your inputs.

@Obie - My solicitors claimed that they have done this before and they won "the right to appeal". In addition, there was a case that exactly mirrors my situation / case, and received favourable outcome (the Basenet case), which was referenced in my tribunal application.

@Vinny - exactly… thats my point too…when I complained to the bank, I was told that they do not contact customer when they believe that there is a potential account take over (i.e. the type of fraud they believe on my account).

Anyway, the next update is: I went into work for a fact find interview. My tribunal application was submitted in London on the 3rd December. So far, not money has been deducted form my bank account.

Do you guys know how long it takes to get a hearing date? My solicitor said that within 2-6 weeks. Once they receive a hearing date, they can request for it to be "fast tracked" (that is to bring forward the date to an earlier hearing if available).

Thank you guys so much!

Which Tribunal did you apply for appeal right? Was it First Tribunal?

So if Home Office refuse an application without right of appeal, we can directly right to First Tribunal to request appeal right? Is this correct?

Thank you.

Hi helpingperson,

Thank you so much!

I applied to the tribunal in London. It took me about 6 months to get a hearing date. This was done via solicitor. It was First Tier Tribunal. Yes you are right, we had to apply to FT to request appeal right.
Once appeal was granted, hearing date was given. Result or outcome was given August 2015. Then new ILR application was sent in (after HO asked which application I would like to proceed with).

[helpingperson]

Renni,

Thank you.

What was reason of your refusal?

As you were over-stayer while you were waiting for permission to appeal, how that time has been counted towards 10 years?

Did you get appeal right because you had human rights?

Please could you provide this info.

[secret.simon]

To the OP, I would say, don't expect an easy ride with British naturalisation.

***issue with payment when applying for FLR (FP) - to bridge gap for ILR in Jan 2015.
FLR(FP) refused on 04 Nov 2014 - with right of appeal
Appeal to JR on 03 Dec 2014. Case accepted, hearing 29 June 2015.
ILR Application sent 05 April 2015 (to be as additional in my JR)
Judge ruled in my favour and I won with both FLR(FP) + ILR #happydays

Firstly, what is the date of your ILR grant? You need a year of ILR before applying for British naturalisation.

Secondly, you may have got ILR by court order, but if you had any break of leave in this period, you may still fall foul of the good character requirements for naturalisation and get a 10 year ban for naturalisation. And there is no AR/JR/appeal for naturalisation, which is solely at the grant of the Home Office.

[Renni_Aman]

Renni,

Thank you.

What was reason of your refusal?

As you were over-stayer while you were waiting for permission to appeal, how that time has been counted towards 10 years?

Did you get appeal right because you had human rights?

Please could you provide this info.

HO refused FLR(FP) because I did not meet the criteria. Remember this was merely to bridge a gap between my PSW expiration to ILR qualifying period (8/8/14 to 14/01/15).
Judge rule this in my favour because I have been living in the UK lawfully with professional specialist job (finance advisor). 2 Masters degree (from reputable university, CASS business school).
Living my partner for 10 years (partner is Afghan national, no visa, recent got DL in April 2014). He was at the court hearing and judge questioned him regarding the relationship and how genuine it is.
Judge believe and ruled in my favour based on the fact that our relationship is genuine, Im a professional, been in the country lawfully for long period and most importantly the glitch with the bank was out of my control. hence I won FLR.
ILR won, because I completed 10 years - so the since FLR was also granted, I was not considered an overstayed. So the gap between my PSW to ILR was all deemed lawful stay

[Renni_Aman]

To the OP, I would say, don't expect an easy ride with British naturalisation.

***issue with payment when applying for FLR (FP) - to bridge gap for ILR in Jan 2015.
FLR(FP) refused on 04 Nov 2014 - with right of appeal
Appeal to JR on 03 Dec 2014. Case accepted, hearing 29 June 2015.
ILR Application sent 05 April 2015 (to be as additional in my JR)
Judge ruled in my favour and I won with both FLR(FP) + ILR #happydays

Firstly, what is the date of your ILR grant? You need a year of ILR before applying for British naturalisation.

Secondly, you may have got ILR by court order, but if you had any break of leave in this period, you may still fall foul of the good character requirements for naturalisation and get a 10 year ban for naturalisation. And there is no AR/JR/appeal for naturalisation, which is solely at the grant of the Home Office.

secrect.simon,
ILR grant date is 10 November 2015. I will apply for naturalisation on 11 November 2016.
Brent NCS said they can send both application for Naturalisation and Passport at the same time. Once certificate has been issued and ceremoney completed, passport is usually issued 10 days later (as a rough time guideline).

I will request a SAR to check that there was no break etc. The judge report clearly state issue of both FLR and ILR. Solicitor said that because FLR was also granted, there is no break, hence ILR was successful.

[secret.simon]

I will request a SAR to check that there was no break etc.

Good planning.

I hope that after your stay and applications are ironed out , that you stay on on these forums to advise people who are going through journeys similar to yours. That is how forums expand their knowledge

[Renni_Aman]

I will request a SAR to check that there was no break etc.

Good planning.

I hope that after your stay and applications are ironed out , that you stay on on these forums to advise people who are going through journeys similar to yours. That is how forums expand their knowledge

Hi yes, i will remain on the forum to help others

Thats why I post my update, as I have had so many support and advice from members who went through their journey successfully as well.