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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
tier 1 applied on basis of pgd from BITE.Applied on 2nd October 2010 and they changed rules so appealed and judge upheld their decision saying decision date is key and applying date is irrelvant.angelloveguy wrote:Please give some more information:
1- On what grounds your Tier 1 was refused
2- What is the determination given by Immigration Judge to refuse your appeal.
you are right @xyz123.... applying date is always KEY not decision date, the OP, maybe, don't want to tell the reason in the forum. and HSMP is lost long time.xyz123 wrote:I dont believe that. Give an exact reason for refusal. Why did UKBA declined Tier 1, which requirement for Tier 1 did you not meet (or atleast UKBA think so)Bigdeal wrote: judge upheld their decision saying decision date is key and applying date is irrelvant.
As far as I understand you can apply for ILR on 1st April 2011(you can easily drag your case till then).Bigdeal wrote:Hi all my board fellows recently been caught in newly made rules of UKBA.
See these critical dates first
Arrived in UK 29 April 2001 (student visa)
PSW granted on 3 October 2008
Wife arrived from back home jan 2009
Applied for HSMP 2nd October 2010
Application rejected on 5 December 2010
appealed within 10 days to tier tribunal 1
appeal rejected last week and given right of appeal to upper chamber which i will submit this week.i intend to go to high court if needed to,though not sure how long this appeal procedure takes?Anyone got any clue how long you have to wait for high court decision?
MY Question is am when i will be eligible to apply for?
-sunmoon wrote:you are right @xyz123.... applying date is always KEY not decision date, the OP, maybe, don't want to tell the reason in the forum. and HSMP is lost long time.xyz123 wrote:I dont believe that. Give an exact reason for refusal. Why did UKBA declined Tier 1, which requirement for Tier 1 did you not meet (or atleast UKBA think so)Bigdeal wrote: judge upheld their decision saying decision date is key and applying date is irrelvant.
Probably the OP knew that his application will be rejected and he will appeal against the HO decision and by that time his stay will be 10 years to qualify for ILR.
Any specific reason why you have avoided my simple straight questons?Bigdeal wrote:-sunmoon wrote:you are right @xyz123.... applying date is always KEY not decision date, the OP, maybe, don't want to tell the reason in the forum. and HSMP is lost long time.xyz123 wrote:I dont believe that. Give an exact reason for refusal. Why did UKBA declined Tier 1, which requirement for Tier 1 did you not meet (or atleast UKBA think so)Bigdeal wrote: judge upheld their decision saying decision date is key and applying date is irrelvant.
Probably the OP knew that his application will be rejected and he will appeal against the HO decision and by that time his stay will be 10 years to qualify for ILR.
Thanks for replying gents.Judge used two references to prove first one is Odelola (2008) ECWA civ 308 and HS(India)(2005) UKAIT 00169.He used long references to prove his point that decision date has preference over applying date.These cases may be checked by pros if any of them is here.But my point is clear i have applied almost 1 month before when UKBA stop giving points.So this law doesn't applies to me or atleast Judge should have given me option of reapplying.
Regarding tier 1 upper chamber does anyone knows how long they take?
Lastly if im entitled to apply for ILR from 1st April,can i apply in person?
Does my case will be classified as simple/straightforward case/
There is no application undecided / outstanding, so application for "variation of leave" is not possible unless the judge orders UKBA to reconsider their decision (the application could be deemed "undecided" in such case).tall_funky wrote:plz use good solicitor for your appeal and then vary your application on 1st April 2011.
3.2 Applications lodged during leave under sections 3C and 3D wrote:However section 3C makes a clear distinction between the decision on the application and the appeal against that decision. Once an application has been decided it ceases to be an application and there is no longer any application to vary under section 3C (5). So any new information will fall to be dealt with during the course of the appeal rather than as a variation of the original application.
Thats exactly what I meant and that's why I advised him to use good solicitor.sushdmehta wrote:There is no application undecided / outstanding, so application for "variation of leave" is not possible unless the judge orders UKBA to reconsider their decision (the application could be deemed "undecided" in such case).tall_funky wrote:plz use good solicitor for your appeal and then vary your application on 1st April 2011.
regards
Which specific questions you are referring.tall_funky wrote:Any specific reason why you have avoided my simple straight questons?Bigdeal wrote:-sunmoon wrote:you are right @xyz123.... applying date is always KEY not decision date, the OP, maybe, don't want to tell the reason in the forum. and HSMP is lost long time.xyz123 wrote:
I dont believe that. Give an exact reason for refusal. Why did UKBA declined Tier 1, which requirement for Tier 1 did you not meet (or atleast UKBA think so)
Probably the OP knew that his application will be rejected and he will appeal against the HO decision and by that time his stay will be 10 years to qualify for ILR.
Thanks for replying gents.Judge used two references to prove first one is Odelola (2008) ECWA civ 308 and HS(India)(2005) UKAIT 00169.He used long references to prove his point that decision date has preference over applying date.These cases may be checked by pros if any of them is here.But my point is clear i have applied almost 1 month before when UKBA stop giving points.So this law doesn't applies to me or atleast Judge should have given me option of reapplying.
Regarding tier 1 upper chamber does anyone knows how long they take?
Lastly if im entitled to apply for ILR from 1st April,can i apply in person?
Does my case will be classified as simple/straightforward case/
Does this referred case of Adeola applies to me.Not in legal lingo but can you explain me what's odds of getting ILR if my appeal get rejected by upper chamber and i decide to persue in High court.sushdmehta wrote:There is no application undecided / outstanding, so application for "variation of leave" is not possible unless the judge orders UKBA to reconsider their decision (the application could be deemed "undecided" in such case).tall_funky wrote:plz use good solicitor for your appeal and then vary your application on 1st April 2011.
3.2 Applications lodged during leave under sections 3C and 3D wrote:However section 3C makes a clear distinction between the decision on the application and the appeal against that decision. Once an application has been decided it ceases to be an application and there is no longer any application to vary under section 3C (5). So any new information will fall to be dealt with during the course of the appeal rather than as a variation of the original application.
regards
I think Adeola case applies to you.Bigdeal wrote: Does this referred case of Adeola applies to me.Not in legal lingo but can you explain me what's odds of getting ILR if my appeal get rejected by upper chamber and i decide to persue in High court.
Just to clarify there is no issue of deception and never have been....
sushdmehta wrote:There is no application undecided / outstanding, so application for "variation of leave" is not possible unless the judge orders UKBA to reconsider their decision (the application could be deemed "undecided" in such case).tall_funky wrote:plz use good solicitor for your appeal and then vary your application on 1st April 2011.
3.2 Applications lodged during leave under sections 3C and 3D wrote:However section 3C makes a clear distinction between the decision on the application and the appeal against that decision. Once an application has been decided it ceases to be an application and there is no longer any application to vary under section 3C (5). So any new information will fall to be dealt with during the course of the appeal rather than as a variation of the original application.
Thanks I am going to see some solicitor tomorrow for advisetall_funky wrote:I think Adeola case applies to you.Bigdeal wrote: Does this referred case of Adeola applies to me.Not in legal lingo but can you explain me what's odds of getting ILR if my appeal get rejected by upper chamber and i decide to persue in High court.
Just to clarify there is no issue of deception and never have been....
What you really need to understand is this:
sushdmehta wrote:There is no application undecided / outstanding, so application for "variation of leave" is not possible unless the judge orders UKBA to reconsider their decision (the application could be deemed "undecided" in such case).tall_funky wrote:plz use good solicitor for your appeal and then vary your application on 1st April 2011.
3.2 Applications lodged during leave under sections 3C and 3D wrote:However section 3C makes a clear distinction between the decision on the application and the appeal against that decision. Once an application has been decided it ceases to be an application and there is no longer any application to vary under section 3C (5). So any new information will fall to be dealt with during the course of the appeal rather than as a variation of the original application.
No, as explained in my response above, one may vary an undecided immigration application when under section 3c leave ... but in your case there is no "application" pending ... it is an appeal. And you cannot vary an appeal!Bigdeal wrote:Still confused on point whether i can apply for ILR varying conditions of my stay or not.
Ok thanks Sushdmehta.Got your point now.But as it sounds that if i got permission to appeal then I may complete 10 years of lawfull residence for purpose of ILR.Now in case of appeal allowed it is fine.sushdmehta wrote:No, as explained in my response above, one may vary an undecided immigration application when under section 3c leave ... but in your case there is no "application" pending ... it is an appeal. And you cannot vary an appeal!Bigdeal wrote:Still confused on point whether i can apply for ILR varying conditions of my stay or not.
regards
I'm not an expert but as far as I know you wont be eligible to apply for ILR. you have to win your appeal then you can.Bigdeal wrote:
But in case of rejection will i be eligible to apply for ILR?but it sounds my status will become of an overstayer?
OK but i understand as my last leave is extended by virtue of section 3c and 3d if i get to complete 10 years of residence on 29/04/2011 then it can be 2 situations.KDS wrote:I'm not an expert but as far as I know you wont be eligible to apply for ILR. you have to win your appeal then you can.Bigdeal wrote:
But in case of rejection will i be eligible to apply for ILR?but it sounds my status will become of an overstayer?
I spoke 2 a lawyer. as your application rejected you wont qualify for 10 year legal stay ILR. if u win the case then u can apply for ILR . Or you could drag ur case to 14 years and apply then for ILR.Bigdeal wrote:OK but i understand as my last leave is extended by virtue of section 3c and 3d if i get to complete 10 years of residence on 29/04/2011 then it can be 2 situations.KDS wrote:I'm not an expert but as far as I know you wont be eligible to apply for ILR. you have to win your appeal then you can.Bigdeal wrote:
But in case of rejection will i be eligible to apply for ILR?but it sounds my status will become of an overstayer?
1) any new application will not be considered till there is final outcome by judiciary.
2) if i complete 10 year then i can go for ILR but while that application is decided i won't have any status and so not allowed to work/business or other benefits like nhs.
if i am wrong then may be mods can explain further.
Thanks vinny for your precious opinion.
OK.I think i need to clarify it more in detail.KDS wrote:I spoke 2 a lawyer. as your application rejected you wont qualify for ILR. if u win then u can apply for ILR . Or you could drag ur case to 14 years and apply then for ILR.Bigdeal wrote:OK but i understand as my last leave is extended by virtue of section 3c and 3d if i get to complete 10 years of residence on 29/04/2011 then it can be 2 situations.KDS wrote:I'm not an expert but as far as I know you wont be eligible to apply for ILR. you have to win your appeal then you can.Bigdeal wrote:
But in case of rejection will i be eligible to apply for ILR?but it sounds my status will become of an overstayer?
1) any new application will not be considered till there is final outcome by judiciary.
2) if i complete 10 year then i can go for ILR but while that application is decided i won't have any status and so not allowed to work/business or other benefits like nhs.
if i am wrong then may be mods can explain further.
Thanks vinny for your precious opinion.
You said ur PGD is from BITE. It was a doggy school
they might be strict now but they use to be doggyBigdeal wrote:OK.I think i need to clarify it more in detail.KDS wrote:I spoke 2 a lawyer. as your application rejected you wont qualify for ILR. if u win then u can apply for ILR . Or you could drag ur case to 14 years and apply then for ILR.Bigdeal wrote:OK but i understand as my last leave is extended by virtue of section 3c and 3d if i get to complete 10 years of residence on 29/04/2011 then it can be 2 situations.KDS wrote:
I'm not an expert but as far as I know you wont be eligible to apply for ILR. you have to win your appeal then you can.
1) any new application will not be considered till there is final outcome by judiciary.
2) if i complete 10 year then i can go for ILR but while that application is decided i won't have any status and so not allowed to work/business or other benefits like nhs.
if i am wrong then may be mods can explain further.
Thanks vinny for your precious opinion.
You said ur PGD is from BITE. It was a doggy school
Regarding your comment or opinion plz visit college someday.
people do say same things but not sure,with genuine students they r too strict.