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
-
rooney0511
- Member
- Posts: 227
- Joined: Tue May 03, 2011 6:49 pm
Post
by rooney0511 » Sat Mar 25, 2017 7:34 am
In the recent case Justice Lavender ruled that for Accelerated ILR the SSHD ( Home Office ) erred in not accepting Transitional Arrangements.
The link for the Judgement is
http://www.12os.com/documents/4778_001.pdf
Please read paragraph 36.It says,
"If follows that the transitional arrangement applied to the First Applicant's application for ILR. The Respondent erred in Law in not applying Transitional arrangement to that application."
-
zimba
- Moderator
- Posts: 21476
- Joined: Mon Aug 11, 2014 6:13 pm
- Location: UK
- Mood:
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by zimba » Sat Mar 25, 2017 2:00 pm
I browsed through it and it seems the arguments and the final judgement were based on the policy guides that were in place when the applicants applied for Accelerated ILR in July 2015. At that time those guides did not impose a clear view on the subject.
However since April 2016, the guides have been updated to make it explicitly clear that transitional arrangements do not apply under accelerated ILR. In my view, this could mean that any future case will be difficult to make on this basis for people who applied after April 2016.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
-
Malikwaheed
- Newbie
- Posts: 41
- Joined: Sun Mar 26, 2017 2:27 am
Post
by Malikwaheed » Sun Mar 26, 2017 3:12 am
Congratulations for your success. Am also in same kind of situation. I applied ILR on 5 millions turnover base and received refusal last week. I have 3 companies my first company which I start 3 years ago have gross turnover of £6.2m in 3 years my second company which start trading in aprail 2016 have £.5m turnover with 43 full time staff. My 3rd company start trading in December 16 and it's trading better then first and second company. My case worker I don't know what kind of calculater used and she made turnover only £4.5m. I submitted all my final accounts and complete record of vat returns, management accounts accountant letters etc. My case worker give me zero point for investment as she could not identify transactions from my personal to business account. Am on 50,000 scheme but before getting my first visa I invest more then 100k and in last 3 years I brought a lot more money and inject in business. My all companies are in profit from day first. Even I paid tax more then what was required to invest. Case worker also raise question why my name is not in front of director lan. Am the only director of all companies and on 2nd page of accounts is always is my name and the last page will be my signature. Zimba88 can you guide me pls what I should do now at the moment am in process of AR.
-
seasky
- BANNED
- Posts: 1077
- Joined: Sun Nov 13, 2011 10:01 pm
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by seasky » Sun Mar 26, 2017 10:29 am
Malikwaheed wrote:Congratulations for your success. Am also in same kind of situation. I applied ILR on 5 millions turnover base and received refusal last week. I have 3 companies my first company which I start 3 years ago have gross turnover of £6.2m in 3 years my second company which start trading in aprail 2016 have £.5m turnover with 43 full time staff. My 3rd company start trading in December 16 and it's trading better then first and second company. My case worker I don't know what kind of calculater used and she made turnover only £4.5m. I submitted all my final accounts and complete record of vat returns, management accounts accountant letters etc. My case worker give me zero point for investment as she could not identify transactions from my personal to business account. Am on 50,000 scheme but before getting my first visa I invest more then 100k and in last 3 years I brought a lot more money and inject in business. My all companies are in profit from day first. Even I paid tax more then what was required to invest. Case worker also raise question why my name is not in front of director lan. Am the only director of all companies and on 2nd page of accounts is always is my name and the last page will be my signature. Zimba88 can you guide me pls what I should do now at the moment am in process of AR.
Malik you case is not about transitional arrangements as u are claiming for turnover not employment. Suggest you open a new thread with more details to help you with your AR (your case is curious... will leave at that...)