Is there any other appeal stage after high court?

[alexis2000]

Hi,

I am going through the last stage of my PSW high court appeal.
Does anybody know if there is any other court or entity where I can rise and appeal againts the HO determination in case this last one fails at the High Court?

Many thanks.

[vinata]

Have a look here. I think judicial review could be the only option, but you may also need to address this issue to the House of Lords as well. So, please check with your solicitor.

http://www.hmcourts-service.gov.uk/cms/1220.htm

[alexis2000]

Thanks Vinata, just found out that the house of lords will no longer be the highest appeal court in the UK but the Supreme Court of Justice
http://www.parliament.uk/business/judicial_work.cfm

Will speak to my solicitor.

Thanks.

Have a look here. I think judicial review could be the only option, but you may also need to address this issue to the House of Lords as well. So, please check with your solicitor.

http://www.hmcourts-service.gov.uk/cms/1220.htm

[vinata]

Ask your solicitor about an out-of-time application as well. There are some very good solicitors out there who specialise at such applications, so if you loose your appeal in all the stages, you can still apply for psw provided you can meet the criteria for it. It would then depend on the HO how they look at your application when your current leave has expired, but the chance is 50-50. Good luck.

[ash786]

Hi,

I am going through the last stage of my PSW high court appeal.
Does anybody know if there is any other court or entity where I can rise and appeal againts the HO determination in case this last one fails at the High Court?

Many thanks.

1. Hav u checked the costs involved to go to that level.

[alexis2000]

Ask your solicitor about an out-of-time application as well. There are some very good solicitors out there who specialise at such applications, so if you loose your appeal in all the stages, you can still apply for psw provided you can meet the criteria for it. It would then depend on the HO how they look at your application when your current leave has expired, but the chance is 50-50. Good luck.

Thanks Vinata,
Do you have more info about out of time application or where to obtain it? I'd like to document myself a little before speaking to my lawyer. Considering that I have been in the UK for almost 9 years there is not point for me to go back home and reaply as my 10 years setlement plans would be ruined hance need to appeal until the end.

Many thanks

[vinata]

I don't know much about the out-of-time applications, but I know that even though your current leave has expired you can still submit a fresh application (with the help of a good solicitor, of course). The chances are 50-50, but you can try. However, in this case, for long residence purposes, your long stay would be interrapted as your new psw visa would be granted after the previous leave expired, meanig there would be a gap in your stay. I have got the link to long residence requirements and will post it to you tonight.

Out-of-time application can only work well for you if you loose all the stages in the appeal process, so there wouldn't be any other choice. But, if you believe you can still win the appeal, you should go up to the end including the judical review in order not to interapt your stay (for long residence purposes).

[alexis2000]

Thanks again Vinata,
I recall having read a court determination where the appellant had archived to obtain 10 years in the UK by the time the court outcome was produced and therefore met 10 years of interrupted residency. He obtained its permanent residency.
Thanks for your comments mate.

I don't know much about the out-of-time applications, but I know that even though your current leave has expired you can still submit a fresh application (with the help of a good solicitor, of course). The chances are 50-50, but you can try. However, in this case, for long residence purposes, your long stay would be interrapted as your new psw visa would be granted after the previous leave expired, meanig there would be a gap in your stay. I have got the link to long residence requirements and will post it to you tonight.

Out-of-time application can only work well for you if you loose all the stages in the appeal process, so there wouldn't be any other choice. But, if you believe you can still win the appeal, you should go up to the end including the judical review in order not to interapt your stay (for long residence purposes).

[vinata]

Have a look here:

http://www.ind.homeoffice.gov.uk/siteco ... chapter18/

[alexis2000]

Thanks Vineta,
Very useful information. For what I can understand I currently hold a 3C/3D leave to remain while I exercise my right of appeal until the end which unables me to claim a 10 years long term residency should I reach the 10 years. Now out of time applications might not work for me as it breaks my 10 years lawful residency should I apply while my appeal is in process however the information is quite technical so I supposse a good solicitor could clarify all and take the right steps.

Many thanks.

Have a look here:

http://www.ind.homeoffice.gov.uk/siteco ... chapter18/

[alexis2000]

Well all started when HO declined my application, then i appealed at the Immigration tribunal which was declined, then applied for a reconsideration which was refused, then recently to High Court where the case is still going on. Now High court wrote a letter to us saying that they'll advice AIT to reconsider my case. Now just had a word with my solicitor and says that we should launch a fresh PSW application to HO as I meet all the requirement and doesn't matter whether my appeal is still in progress as the new application wouldn't be connected to the appeal though needs to be mentioned and additional grounds included to the new application. If HO grants me a visa the appeal will end otherwise will continue.
I will try my luck

Alexis2000

Thanks Vineta,
Very useful information. For what I can understand I currently hold a 3C/3D leave to remain while I exercise my right of appeal until the end which unables me to claim a 10 years long term residency should I reach the 10 years. Now out of time applications might not work for me as it breaks my 10 years lawful residency should I apply while my appeal is in process however the information is quite technical so I supposse a good solicitor could clarify all and take the right steps.

Many thanks.

Have a look here:

http://www.ind.homeoffice.gov.uk/siteco ... chapter18/