Court Granted appeal for ILR. No Responce from HO. Help

[archie_virgoian]

Hello Everyone,

Need help and advise of all Gurus please.

I was on DLR and then when i applied for my DLR extension, it got refused (my circumstances changed as my wife left the country to take care of her dad who was ill and her visa expired during that time). HO refused my DLR since my wife was not here but i appealed and during the appeal process completed my 10 years long residence (31 January 2006 - 31 January 2016). My lawyer just before my hearing date made amendment in the case based on 10 years lawful long residency and court granted my appeal for ILR based on said amendment of 10 years lawful residence on 24 Oct 2016, i received the written decision on 09 November 2016.

Since court accepted my amendment and after reviewing all evidences granted decision " Applying the appropriate standard of proof i am satisfied the appellant meets the requirements of paragraph 276B to qualify for Indefinite leave to Remain on the grounds of long residency".

My question is after this decision I haven't heard anything from HO. I spoke to my lawyer and he said we have to wait for HO to respond to this judgement. I called HO and they said yes its says granted in our records but there is no communication from our side yet to you so you have to wait for HO communication.

what should i do ? should i wait? is it normal for HO to take that long after judgement to respond? I am really confused and would really appreciate your help as what to do please?

My best wishes and regards

[noajthan]

Suggest sit tight and wait.

Its just been Christmas season and New Year is fast approaching.
Everything will be shut down and on go-slow,; even if concerned offices are open key people may well be on vacation and etc etc.

It will come in its own good time.

[archie_virgoian]

Suggest sit tight and wait.

Its just been Christmas season and New Year is fast approaching.
Everything will be shut down and on go-slow,; even if concerned offices are open key people may well be on vacation and etc etc.

It will come in its own good time.

Thank you noajthan for your response and advise. I guess i will have to wait. I wanted to apply for ILR after decision but my lawyer told me to wait till i get response from HO. I am still not clear if i have to apply for ILR 10 years as a fresh application or HO will grant me the ILR straightaway based on court decision? It might get clear after i receive any communication from HO. But as you suggested, its a wait game i guess.

Thanks once again.

[KAL C]

Hi,

Please you don't need to apply again and was wait for the decision letter.

Please as soon as you received the court decision, please kindly forward to the Home office and they will trace your fill to return your passport or direct you to where you can collect your passport and after that they will send you a letter saying that your ILR to remain has been approved.

Finally they will send you your biometric card.

Please your case has ended in your favor.

KAL C

[archie_virgoian]

Hi,

Please you don't need to apply again and was wait for the decision letter.

Please as soon as you received the court decision, please kindly forward to the Home office and they will trace your fill to return your passport or direct you to where you can collect your passport and after that they will send you a letter saying that your ILR to remain has been approved.

Finally they will send you your biometric card.

Please your case has ended in your favor.

KAL C

Thanks Kal C. Thats the problem. My lawyer has already sent the letter to home office after we received court decision. I even called home office myself after i received the decision from court. The home office is quiet and hasn't responded at all. Home office told me to wait for communication from them and i am waiting till now.

[archie_virgoian]

****UPDATE*****

Just checked my account and Home Office deducted £1875 from my account (fee for ILR). Still i havent received any communication from HO after court decision in my favour on 09th November 2016 but money has been deducted now. Not sure whats happening but will speak to my solicitor and update further. But if anyone knows whats happening, i would really appreciate your help.

[noajthan]

It simply means some poor civil servant or clerk has been working over Christmas break and so your case is slowly winding its way through the creaky, disjointed system.
Let it run its course.

[archie_virgoian]

It simply means some poor civil servant or clerk has been working over Christmas break and so your case is slowly winding its way through the creaky, disjointed system.
Let it run its course.

Thanks noajthan . I spoke to my solicitor today and he told me that we sent in an application for ILR (LR) on 5th December 2016 (including decision of court in my favour) because since i didnt apply for ILR before but was granted appeal by court that i m eligible for ILR (LR) so HO still requires us to send in an ILR application and hence the deduction of payment. My solicitor also added that my case worker from HO contacted them on 21st December 2016 and verbally told them that HO will not take it further and ILR has been granted and i should get it by first or second week of January 2017 ( i have never heard of HO case worker contacting solicitor verbally before but cant doubt my solicitor as its a well reputed firm so i am taking his word on this).

Stating all this just in case it helps anyone else in future who might come across this thread.

Lastly, A Big Thank You to all of you for taking your precious time out and helping me and others like me on this board. You guys are all gems. Cant Thank You enough

Best Regards and Wishes and a Very Happy New Year !!

[noajthan]

Thanks noajthan . I spoke to my solicitor today and he told me that we sent in an application for ILR (LR) on 5th December 2016 (including decision of court in my favour) because since i didnt apply for ILR before but was granted appeal by court that i m eligible for ILR (LR) so HO still requires us to send in an ILR application and hence the deduction of payment. My solicitor also added that my case worker from HO contacted them on 21st December 2016 and verbally told them that HO will not take it further and ILR has been granted and i should get it by first or second week of January 2017.
...

Best Regards and Wishes and a Very Happy New Year !!

Wonderful news ending the year on a high.

Ofcourse ultimate proof will be the BRP in your hand but it goes to show good things come to those who wait.

[Sohan201214]

Hello Everyone,

Need help and advise of all Gurus please.

I was on DLR and then when i applied for my DLR extension, it got refused (my circumstances changed as my wife left the country to take care of her dad who was ill and her visa expired during that time). HO refused my DLR since my wife was not here but i appealed and during the appeal process completed my 10 years long residence (31 January 2006 - 31 January 2016). My lawyer just before my hearing date made amendment in the case based on 10 years lawful long residency and court granted my appeal for ILR based on said amendment of 10 years lawful residence on 24 Oct 2016, i received the written decision on 09 November 2016.

Since court accepted my amendment and after reviewing all evidences granted decision " Applying the appropriate standard of proof i am satisfied the appellant meets the requirements of paragraph 276B to qualify for Indefinite leave to Remain on the grounds of long residency".

My question is after this decision I haven't heard anything from HO. I spoke to my lawyer and he said we have to wait for HO to respond to this judgement. I called HO and they said yes its says granted in our records but there is no communication from our side yet to you so you have to wait for HO communication.

what should i do ? should i wait? is it normal for HO to take that long after judgement to respond? I am really confused and would really appreciate your help as what to do please?

My best wishes and regards

Hi,

I would really appreciate if you can help please. I m in a similar situation where my appeal is pending and I have completed my 10 year long residency. I have consulted 4 lawyers and they have all given me different advice and said to withitgdraw the Appeal and send a fresh application.

You have stated that before The appeal your lawyer made an amendment. Can you please provide more information regarding amendment if possible please like how this was made. How long it took for the court to make a decision on an amendment.
Many Thanks,