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Upper tribunal refused permission to 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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Madambrown15
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Joined: Wed Aug 09, 2017 9:33 am

Upper tribunal dates..any idea??

Post by Madambrown15 » Wed Dec 05, 2018 2:24 pm

Hi
My husband's application to the ftt to appeal to the upper tribunal got refused on the 29th of october and he had 14days to ask the upper tribunal for permission to appeal. The 14days countdown started on the 30th of october with the last day for an in time appeal being the 12/11/2018. The application was lodged with the UT on the 12/11/2018 at 19:58pm. The UT then sent an acknowledgement letter stating that the application was lodged on the 13/11/2018. We challenged this with the fax evidence to show that it was done on the 12th. The UT however sent a further letter stating that because the application was received after 5pm that it is classed as the next working day and that tge 13th still stands as the day of receipt. If this is the case then it will mean that his 3c leave is broken.
Please can someone shed some light on this as we are very worried about his 3c leave ad he completes his 10 years in Jan and will be applying for ILR.
Any help will be much appreciated.

Madambrown15
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Posts: 14
Joined: Wed Aug 09, 2017 9:33 am

Upper tribunal refused permission to appeal

Post by Madambrown15 » Fri Dec 21, 2018 6:34 pm

Please please please, any advise will be appreciated.

My husband's permission to appeal to the upper tribunal application has now been refused by the upper tribunal today. He qualifies for ILR on the 2nd of Jan 2019. What can we do to make sure he is able to apply successfully. Please help.

Madambrown15
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Posts: 14
Joined: Wed Aug 09, 2017 9:33 am

Re: Upper tribunal refused permission to appeal

Post by Madambrown15 » Wed Dec 26, 2018 10:58 am

Please can anyone help, can my husband apply for his ILR on the 2nd January?
Appeal rights exhausted on the 19th dec 2018
14day grace starts counting on the 20th dec which means 14th day is the 2nd Jan which is the exact same day he qualifies for ILR i.e 1st day of the 28day period. Please moderators any ideas? I am quite desperate and worried.

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aman90
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Re: Upper tribunal refused permission to appeal

Post by aman90 » Wed Dec 26, 2018 1:03 pm

Madambrown15 wrote:
Wed Dec 26, 2018 10:58 am
Please can anyone help, can my husband apply for his ILR on the 2nd January?
Appeal rights exhausted on the 19th dec 2018
14day grace starts counting on the 20th dec which means 14th day is the 2nd Jan which is the exact same day he qualifies for ILR i.e 1st day of the 28day period. Please moderators any ideas? I am quite desperate and worried.
Sounds likely. A bit more background details would be helpful. What does the letter you received on the 19/12 say abt the 14 day grace period. And the anniversary date for ILR?

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CR001
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Re: Upper tribunal refused permission to appeal

Post by CR001 » Wed Dec 26, 2018 1:22 pm

aman90 wrote:
Wed Dec 26, 2018 1:03 pm
Sounds likely. A bit more background details would be helpful. What does the letter you received on the 19/12 say abt the 14 day grace period. And the anniversary date for ILR?
See users previous topics on their complicated case, annoyingly posted in different topics!!

indefinite-leave-to-remain/ilr-is-conti ... l#p1518490

indefinite-leave-to-remain/is-fax-confi ... l#p1675836
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Madambrown15
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Joined: Wed Aug 09, 2017 9:33 am

Re: Upper tribunal refused permission to appeal

Post by Madambrown15 » Wed Dec 26, 2018 1:54 pm

Hi CR00

I posted a new question because when i applied for my ILR i hadnt exhausted my right of appeal but my husband has in his case so not exactly the same.

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aman90
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Re: Upper tribunal refused permission to appeal

Post by aman90 » Wed Dec 26, 2018 2:14 pm

Madambrown15 wrote:
Wed Dec 26, 2018 1:54 pm
Hi CR00

I posted a new question because when i applied for my ILR i hadnt exhausted my right of appeal but my husband has in his case so not exactly the same.
I did read ur previous posts before posting. Your husbands situation seems to be muddled up within urs.
Since you have little time to take a decision.. you could go with what you have and understand. Only you know how you calculated what you did.

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