cancel existing leave to remain for chance of appeal

sunnyday · Post by **sunnyday** » Fri Feb 08, 2008 12:18 pm

If someone still on existing leave to remain but not intending to fulfil his committment as a student for that length of time, is there absolutely no way for right to appeal against ilr refusal? Are we able to shorten the leave or cancel it?

Jeff Albright · Post by **Jeff Albright** » Fri Feb 08, 2008 2:24 pm

There is no right of appeal under the Immigration Rules if leave is curtailed.

sunnyday · Post by **sunnyday** » Fri Feb 08, 2008 3:38 pm

Jeff Albright wrote:There is no right of appeal under the Immigration Rules if leave is curtailed.

Thanks but im not appealing against a curtailed leave. Im asking to curtail my leave as I will no longer wish to fulfill my duty as a student and this would be after my ILR application. And by curtailing my leave, I may be given chance to appeal in any circumstances where ILR is refused. Does that sound right?

Mr Rusty · Post by **Mr Rusty** » Fri Feb 08, 2008 5:34 pm

Normally, "in-time" applications, i.e. those applying before their current leave expires, do attract a right of appeal if they are refused.
But I don't quite understand what you are asking. You currently have LTR as a student, but your studies are coming to an end, and you are wondering about applying for ILR or some other reason....or....?

sunnyday · Post by **sunnyday** » Fri Feb 08, 2008 6:01 pm

Yes Im on Leave to remain that is given for a period of time way beyond my ILR qualify date (+1 year). and since my plan's changed, I dont wish to keep on studying anymore after this June. This will normally mean that I will need to leave this country in June. But my ILR qualify date is May. So I was wondering if I would be given a chance of appeal in the event that the HO refused my ILR?

because I still have leave to remain left so according to the HO, i will not be allowed an appeal. but the reality is that I would not be permitted to stay in this country on student visa not studying. If HO refused my ILR, then I would have to go home. therefore, i should be granted a chance to appeal.

So im asking whether I would be given right to appeal if HO refused my application?

Jeff Albright · Post by **Jeff Albright** » Sat Feb 09, 2008 12:45 pm

I am still kind of lost here.
If you are applying for ILR, you probably know the qualifying criteria. If you satisfy all of them, you apply and have your ILR granted. The ILR will cancel your student visa.
If your ILR is refused, you will stilll have your leave as a student so you won't need the right of appeal. If you feel your ILR may be refused, you are advised to seek immigration advice before you apply.

My advice will be not to volunteer any information to the Home Office. You only tell them what they ask you. If they ask you for details, you must give them truthfully, if they don't ask - don't offer!

sunnyday · Post by **sunnyday** » Sat Feb 09, 2008 7:09 pm

well i know.

can i curtail my leave on the student visa? and how can I do it?

thats what i wanna know.

ci07jjs · Post by **ci07jjs** » Sat Feb 09, 2008 7:58 pm

Jeff Albright wrote:If your ILR is refused, you will stilll have your leave as a student so you won't need the right of appeal. If you feel your ILR may be refused, you are advised to seek immigration advice before you apply.

Assuming I am eligible for ILR and wish to apply for it one year before my current leave expires, does that mean I won't have a right of appeal if the ILR is refused?

sunnyday · Post by **sunnyday** » Sat Feb 09, 2008 8:14 pm

ci07jjs wrote:
Jeff Albright wrote:If your ILR is refused, you will stilll have your leave as a student so you won't need the right of appeal. If you feel your ILR may be refused, you are advised to seek immigration advice before you apply.

Assuming I am eligible for ILR and wish to apply for it one year before my current leave expires, does that mean I won't have a right of appeal if the ILR is refused?

if you still have leave then wont be given an appeal where an ILR is refused.

ci07jjs · Post by **ci07jjs** » Sat Feb 09, 2008 8:27 pm

Thats harsh!

can you appeal for it again when the leave to remain expires? or the initial refusal would have reset the clock?

sunnyday · Post by **sunnyday** » Sat Feb 09, 2008 8:31 pm

ci07jjs wrote:Thats harsh!

can you appeal for it again when the leave to remain expires? or the initial refusal would have reset the clock?

I know. usually you're given only 10 days of appeal time to lodge an appeal right after the outcome of your application.

ci07jjs · Post by **ci07jjs** » Sat Feb 09, 2008 8:35 pm

sunnyday wrote:
usually you're given only 10 days of appeal time to lodge an appeal right after the outcome of your application.

eh!?! Sorry, you are confusing me a bit now. So, appeal right is given if you have current leave to remain?

sunnyday · Post by **sunnyday** » Sat Feb 09, 2008 8:42 pm

ci07jjs wrote:
sunnyday wrote:
usually you're given only 10 days of appeal time to lodge an appeal right after the outcome of your application.
eh!?! Sorry, you are confusing me a bit now. So, appeal right is given if you have current leave to remain?

no, after the home office refuse your ilr, they will tell you that you have 10 days to lodge an appeal and if you wish to do that, then you make an appeal within 10 days.

ci07jjs · Post by **ci07jjs** » Sat Feb 09, 2008 8:50 pm

Sunnyday,

Sorry I am still not with you,
Please clarify which of the following is true?

a. "no, I can't appeal if the ilr is refused whilst having a current leave to remain for another year (IGS) after the refusal date"

b. "Yes, I can appeal if the ILR is refused even if I have current leave to remain for another year (IGS) after the refusal date".

sunnyday · Post by **sunnyday** » Sat Feb 09, 2008 8:56 pm

Forget about your confusion. go back to the first thing i said to you.

sunnyday · Post by **sunnyday** » Sun Feb 10, 2008 12:19 am

plz comment if you're have knowledge on this matter.

Post by **vinny** » Sun Feb 10, 2008 12:23 am

ci07jjs wrote:eh!?! Sorry, you are confusing me a bit now. So, appeal right is given if you have current leave to remain?

Chapter 12 - Appeals[/url] > [url=http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter12/section1.pdf?view=Binary]Section 1 - Rights of appeal wrote:3.4 Refusal to vary a person's leave to enter or remain in the UK if the result of the refusal is that the person has no leave to enter or remain â€“ s82(2)(d)

The right of appeal is triggered by the refusal to vary existing leave to enter or remain if, following the decision, the applicant has no leave. This means that two criteria have to be met:

i. The application must be made while the applicant has leave to enter or remain (in-time)

ii. By the time the applicant is notified of the decision to refuse him further leave, his leave has expired.

Therefore, there is no right of appeal under section 82 against the refusal of an in-time application if the applicant still has leave when the refusal decision is notified.

[N.B. The one exception to this rule is that there may be a right of appeal on asylum grounds only under section 83 if an asylum claim has been refused (see the API on rights of appeal for further instructions on section 83)].

Also, there is no right of appeal against refusal if the applicant does not have leave to enter or remain at the date of application. This is because it is not possible to vary leave that a person no longer has. An out of time application will never attract a right of appeal under section 82(2)(d).

An appeal under this section may normally be brought in the UK, subject to certain exceptions and limitations.

Post by **vinny** » Tue Feb 12, 2008 9:07 pm

sunnyday wrote:well i know.

can i curtail my leave on the student visa? and how can I do it?

thats what i wanna know.

Jeff Albright wrote:There is no right of appeal under the Immigration Rules if leave is curtailed.

See also please help i am lost and Decus et Tutamen's comment.

ci07jjs · Post by **ci07jjs** » Tue Feb 12, 2008 10:54 pm

vinny wrote:
ci07jjs wrote:eh!?! Sorry, you are confusing me a bit now. So, appeal right is given if you have current leave to remain?

Chapter 12 - Appeals[/url] > [url=http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter12/section1.pdf?view=Binary]Section 1 - Rights of appeal wrote:3.4 Refusal to vary a person's leave to enter or remain in the UK if the result of the refusal is that the person has no leave to enter or remain â€“ s82(2)(d)

The right of appeal is triggered by the refusal to vary existing leave to enter or remain if, following the decision, the applicant has no leave. This means that two criteria have to be met:

i. The application must be made while the applicant has leave to enter or remain (in-time)

ii. By the time the applicant is notified of the decision to refuse him further leave, his leave has expired.

Therefore, there is no right of appeal under section 82 against the refusal of an in-time application if the applicant still has leave when the refusal decision is notified.

[N.B. The one exception to this rule is that there may be a right of appeal on asylum grounds only under section 83 if an asylum claim has been refused (see the API on rights of appeal for further instructions on section 83)].

Also, there is no right of appeal against refusal if the applicant does not have leave to enter or remain at the date of application. This is because it is not possible to vary leave that a person no longer has. An out of time application will never attract a right of appeal under section 82(2)(d).

An appeal under this section may normally be brought in the UK, subject to certain exceptions and limitations.

thanks for posting this.

If I am applying for ILR based on 10 years and gets refused (metaphorically speaking) whilst current leave to remain is valid for another year, can I apply for ILR again at the end of that year to gain advantage of the chance of appeal? or the initial application refusal would reset the clock 10 year clock?

VictoriaS · Post by **VictoriaS** » Wed Feb 13, 2008 12:57 am

There is no bar to trying again if you feel you qualify 12 months later.

Victoria

Jeff Albright · Post by **Jeff Albright** » Wed Feb 13, 2008 3:17 am

ci07jjs wrote: If I am applying for ILR based on 10 years and gets refused (metaphorically speaking) whilst current leave to remain is valid for another year, can I apply for ILR again at the end of that year to gain advantage of the chance of appeal?

Yes

or the initial application refusal would reset the clock 10 year clock?

No. As said above, if your ILR is unsuccessful, you will still have your student visa.

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cancel existing leave to remain for chance of appeal

cancel existing leave to remain for chance of appeal